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Michelle Capezza

Of Counsel

[email protected]

+1.212.692.6815

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Michelle is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Michelle is called to represent Fortune 500 companies, multinational corporations, nonprofit entities, medium-sized businesses, and individual executives across a variety of industries, including financial services, health care, life sciences, technology, artificial intelligence, media, telecommunications, hospitality, and retail.

Drawing on her law firm, corporate in-house, and business experience, Michelle partners with clients' in-house attorneys, human resources professionals, and benefit plan service providers to develop practical solutions to technical issues that advance clients’ business goals. Clients value Michelle’s clear advice and dedication to working with their project teams. She is often approached to provide guidance on the design, administration, compliance, and termination of qualified plans (such as 401(k), profit-sharing, and pension plans); nonqualified deferred compensation arrangements (including top hat plans and SERPs); employee welfare benefit plans (including group health plans, cafeteria plans, wellness programs, and COBRA requirements); equity/incentive compensation programs (such as stock option, restricted stock, phantom stock, and executive bonus programs); severance plans, and other benefits programs. For corporate transactions, Michelle’s practice includes counseling clients on such issues as the treatment of equity awards, change-in-control and golden parachute issues, plan spin-offs and terminations, post-transaction benefits integration issues, severance, COBRA, multi-employer plan withdrawal liability, and PBGC issues. She also regularly reviews and negotiates her clients’ severance, vendor, trust, investment management, and service provider agreements, and advises clients on the design of plan participant communications. Michelle serves as a trusted advisor to clients on compliance with ERISA, the Affordable Care Act, the Internal Revenue Code, the SECURE Act, the CARES Act, CAA 2021, ARPA, and other laws affecting employee benefit plans. She regularly counsels clients on fiduciary responsibilities under ERISA, including providing advice on plan governance, fiduciary training, and cybersecurity risks for employee benefit plans, and assists plan sponsors, trustees, and Investment and Administrative Committees with the development of best practices. Michelle also represents clients in matters before the Department of Labor, Internal Revenue Service, and other government agencies, including in connection with the DOL Voluntary Fiduciary Correction Program and the IRS Employee Plans Compliance Resolution System.

Michelle is a Fellow in the American College of Employee Benefits Counsel, and has received national awards and recognition for her work in employee benefits and executive compensation, including from Best Lawyers in AmericaChambers USA, The Legal 500 United StatesWho's Who in AmericaWho's Who in American Law, and Marquis Emerging Leaders. She has also been included on the New York Metro Super Lawyers, New York Metro Top Women, New York Metro Rising Stars, and New Jersey Rising Stars lists for her work in the area of employee benefits. In 2012, she received the Excellence in Achievement Award from Seton Hall University School of Law’s Peter W. Rodino, Jr. Society for her commitment to excellence and compassionate service in the field of law.

In addition to her practice, Michelle frequently speaks and writes articles on topics related to employee benefits and executive compensation, including health care and financial regulatory reform, fiduciary issues under ERISA, cybersecurity risks for employee benefit plans, and the outlook for employee benefits in the “future of work.” She has been a featured faculty speaker for continuing education programs offered by the New York City Bar Association, DC Bar Association, Strafford, Lawline, Clear Law Institute, and The Knowledge Congress. She has also published articles in and been interviewed for numerous publications such as The Employee Benefit Plan Review, The New York University Review of Employee Benefits and Executive Compensation, Journal of Pension Benefits, Practical Law (Practice Notes), Lexis Nexis Practice Advisor, Law360, Benefits Law360, The BNA Health Insurance Report, The BNA Pension & Benefits Reporter, The BNA Health Law ReporterThe Metropolitan Corporate Counsel, Confero Magazine, TechNews, and Financier Worldwide. Michelle has also served as an adjunct faculty member of the Seton Hall University School of Law, where she taught a course in Corporate Transactional Skills.

Prior to joining Mintz, Michelle was a member of a national law firm in the Employee Benefits & Executive Compensation and Health Care & Life Sciences practices. She has also practiced employee benefits law in the New York and New Jersey offices of several national and international law firms. In addition, Michelle has served in corporate in-house counsel roles with financial institutions, where she provided legal support to their retirement plan and equity award plan recordkeeping businesses. Michelle worked at a Wall Street brokerage company earlier in her career, assisting with retirement product development and obtaining her Series 7, Series 63, and other professional licenses required in the financial services industry. After law school, Michelle served as a judicial law clerk in the Civil Part of the Superior Court of New Jersey.

In law school, Michelle served as a member and assistant notes and comments editor of the Seton Hall Law Review and a co-captain of the Phillip C. Jessup International Moot Court Team. She also received several scholarships and interned with the civil court in Essex County, New Jersey and Seton Hall Law School’s Center for Social Justice.

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Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options

July 13, 2022 | Blog | By Michelle Capezza, Patricia Moran

Dobbs impacts employer-sponsored group health plan coverage for abortion services in states where abortion is, or becomes, illegal, and abortion-related travel benefits.  While our earlier post focused on coverage of abortion and abortion-related travel services under a group health plan, and related ERISA preemption considerations, in this post Mintz attorneys Alden Bianchi, Michelle Capezza and Patricia Moran examine other approaches available to employers that seek to make these benefits available, such as HRAs, health FSAs, excepted benefit EAPs and HSAs.
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Webinar Recording: Cryptocurrency in Employee Benefits and Executive Compensation: Let's Discuss!

June 29, 2022 | Webinar | By Anne Bruno, Michelle Capezza, David Lagasse

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Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health

June 26, 2022 | Blog | By Jennifer Rubin, Michelle Capezza, Corbin Carter, Michael Arnold

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Webinar Recording: Hot Topics in Employee Benefits and Executive Compensation: What's New in 2022?

February 9, 2022 | Webinar | By Michelle Capezza, David Lagasse, Anne Bruno

In this webinar, members from our Employee Benefits & Executive Compensation Practice discuss the latest in how employers must continue to manage their benefits and compensation programs to attract and retain talent. Hear our attorneys talk about 2022 trends in benefits and compensation and how companies should address the wide array of compliance issues affecting their programs.
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NY State Secure Choice Savings Program Implementation Phase Begins

February 4, 2022 | Blog | By Michelle Capezza

Last year, New York State joined an ever growing number of states requiring certain employers to either offer employees a retirement savings plan or enroll in the applicable state program. More specifically, the New York State Secure Choice Savings Program (“NY Secure Choice”) provides a retirement savings program in the form of an automatic enrollment payroll deduction IRA (similar to a Roth IRA) that allows employees to opt-out from participation. New York State employers, whether for profit or not for profit, with at least ten employees in the state at all times during the previous calendar year, who have been in business at least two years, and have not offered a qualified retirement plan in the last two years, are subject to the participation requirements of the NY Secure Choice (“Applicable Employers”).
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News & Press

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Of Counsel Michelle Capezza spoke with Fiduciary News providing insights on the Employee Retirement Income Security Act (ERISA) and whether it unintentionally contributed to the decline of traditional pension programs.
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Fiduciary News spoke to Of Counsel Michelle Capezza in an article exploring the irony of taxing 401k plans to save social security in light of a recent report published by retirement researchers.
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Fiduciary News spoke to Of Counsel Michelle Capezza on the impact of the SEC’s approval of the creation of Bitcoin ETFs on 401k plan sponsors.
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Fiduciary News spoke to Of Counsel Michelle Capezza in an article discussing the impact of the Supreme Court’s Chevron decision on the retirement plan industry.
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Of Counsel Michelle Capezza spoke to Fiduciary News in an article discussing the implementation of auto-portability, effective January 1, 2024, under the SECURE 2.0 Act.
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Of Counsel Michelle Capezza was quoted in a Fiduciary News article discussing IBM’s decision to eliminate its 401k match. Michelle offered insight on what prompted this policy change and why the new policy is unlikely to be adopted by other companies.
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Of Counsel Michelle Capezza spoke to Fiduciary News on the Department of Labor’s latest attempt to rewrite its newest fiduciary rule.
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NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
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Fiduciary News spoke to Of Counsel Michelle Capezza about the impact on retirement plans following the government’s COVID-era easing on premature 401K withdrawals.
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Fiduciary News referenced Of Counsel Michelle Capezza in an article published discussing retirement projection numbers.
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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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Of Counsel Michelle Capezza was referenced in an article published by Fiduciary News analyzing forgotten 401K accounts.
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Of Counsel Michelle Capezza spoke to Fiduciary News about the Department of Labor's efforts to expand the definition of fiduciary and compel financial services providers to embrace the term.
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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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Of Counsel Michelle Capezza spoke to Fiduciary News about the tax advantages that result from 401K plans.
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Mintz Of Counsel Michelle Capezza and Associates Evan Piercey and Corbin Carter co-authored an article published in the New York Law Journal which analyzes NYC Local Law 144, its impact on employers in New York City and their use of automated employment decision tools (AEDTs).
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Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled "Maintaining Plan Documents And Procedures For Retirement Plan Required Minimum Distributions".
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Mintz Of Counsel Michelle Capezza authored a chapter in New York University’s Review of Employee Benefits and Executive Compensation examining some of the ways that employers can provide their employees with meaningful access to retirement savings plans to address retirement savings gaps.
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17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
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Mintz advised Cardurion Pharmaceuticals, Inc., a biotechnology company developing novel therapeutics to treat heart failure and other cardiovascular diseases, in a private investment of up to $300 million from Bain Capital Life Sciences and Bain Capital Private Equity that will enable the Boston-based company to expand its drug discovery programs.
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Mintz Of Counsel Michelle Capezza authored a Thomson Reuters Practical Law™ Practice Note providing an overview of how cybersecurity may be part of the responsibilities imposed by the Employee Retirement Income Security Act of 1974 (ERISA) on fiduciaries of retirement plans.
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Mintz Of Counsel Michelle Capezza authored a chapter in New York University’s Review of Employee Benefits and Executive Compensation discussing the implementation of artificial intelligence in the workplace and how employers can thoughtfully prepare their workforce for this impending transition.
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Mintz Of Counsel Michelle Capezza authored a Thomson Reuters Practical Law Employee Benefits & Executive Compensation Practice Note discussing cybersecurity best practices for retirement plans to address fiduciaries responsibilities imposed by the Employee Retirement Income Security Act of 1974 (ERISA).
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Mintz Of Counsel Michelle Capezza authored a Lexis Nexis Practical Guidance® Practice Note outlining common employee benefits and compensation issues that may arise in a corporate transaction. The article is designed to assist attorneys specializing in employee benefits and executive compensation, as well as other areas, in identifying risks and liabilities associated with the plans, programs, and arrangements in a transaction.
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Mitigating Cybersecurity Risks for Retirement Plans". 
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Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled “Plan Distribution Disclosures and Enhanced Communications".
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Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled "To Escheat or Not to Escheat, Considerations When No One Responds".
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Mintz Of Counsel Michelle Capezza co-authored an article published by Pratt's Privacy & Cybersecurity Law Report titled "Data Breaches and HIPAA Enforcement Remain Widespread Amidst the COVID-19 Pandemic". 
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Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled "Cybersecurity Considerations for Plan Distribution Administration". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Designing Employee Benefits to Address Educational Debt". 
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Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled "Administering Retirement Plans Through a Disaster". 
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Mintz Of Counsel Michelle Capezza authored an article published by the NYU Review of Employee Benefits titled "Recovering Retirements and Making Sense of Employer-Provided Retirement Benefits in a Changing World". 
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Mintz Of Counsel Michelle Capezza authored a Lexis Practice Advisor® Practice Note titled "Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions". 
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Mintz Of Counsel Michelle Capezza co-authored a Thomson Reuters Practical Law Practice Note titled "Cybersecurity and ERISA Fiduciary Responsibilities for Retirement Plans".
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Mintz Of Counsel Michelle Capezza co-authored a Lexis Practice Advisor® article titled "Return-to-Work: Benefits Guidance in the Time of COVID-19". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Revisiting Retirement Plans after the Global Pandemic". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Conduct a Self-Audit to Avert ERISA Plan Fiduciary Liability". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Designing Employee Benefits to Address Educational Debt". 
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Mintz Of Counsel Michelle Capezza authored an article published by Law360 titled "Is Your Mental Health Parity Compliance Up To Par?". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Compensating Executives in the Digital Age". 
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Mintz Of Counsel Michelle Capezza authored an article published by Confero titled "Managing Employee Benefits in The Face of Technological Change". 
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Mintz Of Counsel Michelle Capezza was quoted in an article published by Confero titled "Improving Productivity and Reducing Employee Stress With Financial Wellness Programs". 
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Events & Speaking

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Feb
16
2023
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Moderator
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Oct
15
2022

The Future of Incentive Compensation & Blockchain

ABA 2022 Fall Tax Meeting

Hyatt Regency Dallas

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Speaker
Aug
17
2022

Cryptocurrency in Employee Benefits and Executive Compensation Arrangements

A live 90-minute premium CLE video webinar with interactive Q&A

Strafford Webinar

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Speaker
Jun
17
2021

Cybersecurity Risks and Best Practices for Retirement Plans: Employee Benefits Tax Series

Employee Benefits Committee of the D.C. Bar Taxation Community

Webinar

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Speaker
Mar
4
2021

Challenges to the Future of Remote Work: Cybersecurity & Cloud Infrastructure

Banking and Financial Services Committee of the French American Chamber of Commerce New York

Webinar

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Feb
20
2020

Is Your Plan Data Secure? Best Practices for 2020

Worldwide Employee Benefits Network (WEB)

New York, NY

Nov
14
2019
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Speaker
Aug
14
2018

Gig Workers and ERISA: What You Need to Know Now

Northeast Business Group on Health (NEBGH)

Webinar

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Speaker
Feb
27
2018

Workplace Benefits Renaissance 2018: Legislative Updates – Tax Reform, Health Reform, More

Employee Benefit Adviser's Workplace Benefits Renaissance

Atlantic City, NJ

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Speaker
Feb
13
2018

2018 CompTIA DC Fly-In

The New Jersey Technology Council (NJTC) delegation

Washington, D.C.

Panelist
Jan
30
2018

NJTC: 2018 Technology Economic & Financial Outlook

New Jersey Tech Council (NJTC)

New York, NY

Speaker
Panelist
Mar
3
2016

Workplace Benefits Renaissance: Driving the Future of Workplace Benefits – Keynote Roundtable

Employee Benefit Adviser and Employee Benefit News

Borgata Hotel Casino & Spa

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Speaker
Jul
15
2015

New Jersey Technology Council 2015 Annual Meeting

New Jersey Technology Council

Forsgate Country Club

Speaker
Feb
10
2015

TechAmerica DC Fly-In

New Jersey Tech Council

Washington, D.C.

Jan
29
2015
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Jul
17
2014

Attracting/Retaining Employees and Managing Workforce Risk in the 21st Century

New Jersey Technology Council 2014 Annual Meeting

Forsgate Country Club

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Jun
19
2014

Defined Benefit Legislative Concerns in Today’s Market

2014 Defined Benefit Summit

Goldman Sachs

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Feb
11
2014

NJTC Tech Trek to Washington, DC

New Jersey Tech Council

Washington, D.C.

Speaker
Feb
6
2014

UK-US Future Cities Knowledge Exchange Project: Remaking Cities

UK-US Future Cities Knowledge Exchange Project

New York, NY

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Nov
19
2013
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Jul
18
2013

The Affordable Care Act and Its Impact on Employers and Their Group Health Plans

New Jersey Technology Council 2013 Annual Meeting

New Jersey

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Apr
15
0015

Employee Benefits and Compensation Law Basics for the Non-ERISA Attorney

The New York City Bar's Committee on Employee Benefits and Executive Compensation

New York, NY

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Publications

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Recognition & Awards

  • Featured in Best Lawyers in America, Employee Benefits & ERISA Law, Employment Law (2024)

  • Fellow in the American College of Employee Benefits Counsel (ACEBC) (2022)

  • Chambers USA: New York – Employee Benefits & Executive Compensation, Up and Coming (2022-2023)

  • Recognized by The Legal 500 United States (2013, 2014, 2016–2023)

  • Included on the New York Metro Super Lawyers list (2014–2023)

  • Selected for the New York Metro Top Women list (2014–2020)

  • Peter W. Rodino, Jr. Society, Seton Hall University School of Law, Excellence in Achievement Award (2012)

  • Included on the New York Metro Rising Stars list (2011)

  • Included on the New Jersey Rising Stars list (2009)

  • Phi Beta Kappa

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Involvement

  • Member, American Bar Association
  • Member, American Health Lawyers Association
  • Vice President, Board of Trustees, The First American Inn of Transactional Counsel (American Inns of Court)
  • Member, The Global Leaders
  • Member, National Association of Professional Women
  • Member, National Association of Women Lawyers
  • Member and past Steering Committee Member, New Jersey Chapter of the Worldwide Employee Benefits Network
  • Member, past Advisory Board Member, and former NJTC Technology Ambassador, New Jersey Technology Council
  • Founding Member, The Womensphere Global Network
  • Member, Alumni Council, Seton Hall University School of Law
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