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 America, Chambers USA, The Legal 500 United States, Who's Who in America, Who'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 Reporter, The 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.
viewpoints
Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options
July 13, 2022 | Blog | By Michelle Capezza, Patricia Moran
Webinar Recording: Cryptocurrency in Employee Benefits and Executive Compensation: Let's Discuss!
June 29, 2022 | Webinar | By Anne Bruno, Michelle Capezza, David Lagasse
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
EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA
June 8, 2022 | Blog | By Michelle Capezza, Evan Piercey
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
NY State Secure Choice Savings Program Implementation Phase Begins
February 4, 2022 | Blog | By Michelle Capezza
News & Press
Is It A Bad Thing That ERISA Killed The Pension Plan?
March 19, 2024
The Irony Of Taxing 401k Plans To Save Social Security
February 6, 2024
401k Plan Sponsors Must Be Wary Of Fiduciary Liability Associated With Bitcoin ETFs
January 30, 2024
401k Fiduciary Warning: This Is How The Supreme Court’s Chevron Decision Might Impact The Retirement Plan Industry
January 23, 2024
IBM’s New 401k Match Policy Isn’t What You Think
November 28, 2023
Retirement Pros Sound Off On DOL’s New Fiduciary Rule
November 7, 2023
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
Is There A Cure For Covid Caused 401k Leakage?
September 19, 2023
$4.3 Million Or $1.27 Million? What’s The Point Of Scary Retirement Projection Numbers?
August 22, 2023
What Is A Major Advantage Of Separately Managed Accounts (SMAs)?
August 22, 2023
Why Is ‘Fiduciary’ Losing Its Luster?
July 25, 2023
Five Favorite 401k Features We Can’t Live Without
May 31, 2023
NYC’s New AI Hiring Law Won’t Be Enforced Until April
January 13, 2023
NYC Local Law 144 And The New Frontier Of Algorithmic Decision-Making In The Workplace: What Employers Need To Know As They Prepare For 2023 And Beyond
December 12, 2022
Maintaining Plan Documents And Procedures For Retirement Plan Required Minimum Distributions
October 20, 2022
Providing Meaningful Access To, And Features In, Retirement Savings Plans To Address Savings Gaps And Boost Retirement Savings
October 11, 2022
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
Mintz Advises JMP Group in Sale to Citizens Financial Group
November 16, 2021
Mintz Advises Cardurion Pharmaceuticals in Investment of up to $300 Million from Bain Capital
November 02, 2021
Artificial Intelligence in the Workplace and The Future of Employer-Provided Employee Benefits
September 30, 2021
Best Practices for ERISA Fiduciary Responsibilities and Cybersecurity for Retirement Plans
August 24, 2021
Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions
August 20, 2021
Mitigating Cybersecurity Risks for Retirement Plans
July 28, 2021
Designing Employee Benefits to Address Educational Debt
January 1, 2021
Administering Retirement Plans Through a Disaster
September 1, 2020
Recovering Retirements and Making Sense of Employer-Provided Retirement Benefits in a Changing World
September 1, 2020
Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions
August 1, 2020
Revisiting Retirement Plans After the Global Pandemic
April 1, 2020
Designing Employee Benefits to Address Educational Debt
September 1, 2018
Is Your Mental Health Parity Compliance Up To Par?
May 30, 2018
Compensating Executives in the Digital Age
April 1, 2018
Managing Employee Benefits in The Face of Technological Change
September 1, 2017
Events & Speaking
Cybersecurity and ERISA Retirement Plans: Risks and Best Practices for Plan Sponsors and Fiduciaries
Strafford
Webinar
Algorithmic Decision-Making in the Workplace (NYC): Ensuring Compliance and Enhancing Inclusiveness & Diversity in 2023
Mintz & Association of Corporate Counsel - New York Chapter
Cryptocurrency in Employee Benefits and Executive Compensation Arrangements
A live 90-minute premium CLE video webinar with interactive Q&A
Strafford Webinar
DOL Cybersecurity Best Practices – Are You and Your Service Providers Secure and Audit Ready?
Worldwide Employee Benefits Network
Webinar
Cybersecurity Risks and Best Practices for Retirement Plans: Employee Benefits Tax Series
Employee Benefits Committee of the D.C. Bar Taxation Community
Webinar
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
Cybersecurity and ERISA Retirement Plans: Risks and Best Practices for Plan Sponsors and Fiduciaries
Strafford
Webinar
Women, Financial Wellness, and Retirement: How Employer-Sponsored Programs Can Increase Awareness and Improve Outcomes
Prudential
Webinar
How Technology Is Affecting the Law, the Cybersecurity of the Nation, and Individual Privacy
United States Military Academy West Point
Is Your Plan Data Secure? Best Practices for 2020
Worldwide Employee Benefits Network (WEB)
New York, NY
Workplace Benefits Renaissance 2018: Legislative Updates – Tax Reform, Health Reform, More
Employee Benefit Adviser's Workplace Benefits Renaissance
Atlantic City, NJ
The Department of Labor’s New Fiduciary Duty Rule: How Your Business Must Change – Wrap Up and Open Forum
the IA Watch and BD Watch conference
The Harvard Club
Workplace Benefits Renaissance: Driving the Future of Workplace Benefits – Keynote Roundtable
Employee Benefit Adviser and Employee Benefit News
Borgata Hotel Casino & Spa
New Jersey Technology Council 2015 Annual Meeting
New Jersey Technology Council
Forsgate Country Club
Attracting/Retaining Employees and Managing Workforce Risk in the 21st Century
New Jersey Technology Council 2014 Annual Meeting
Forsgate Country Club
UK-US Future Cities Knowledge Exchange Project: Remaking Cities
UK-US Future Cities Knowledge Exchange Project
New York, NY
What Are the Tax Considerations of Same-Sex Spouses Now That They Are Treated as Married for Federal Tax Purposes?
New York City Bar Town Hall Meeting
New York, NY
ACA Health Plan Compliance: New Employer Mandate, Plan Documentation and Requirements, Fiduciary Responsibilities
Stafford Publications
Online Event
Changes in Health Care and the Affordable Care Act 2014: An FACC Roundtable
French-American Chamber of Commerce
New York, NY
The Affordable Care Act and Its Impact on Employers and Their Group Health Plans
New Jersey Technology Council 2013 Annual Meeting
New Jersey
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
Publications
- Author, "Navigating the Cryptic Waters of Cybersecurity for Protecting Employee Benefit Plan Data and Adhering to Comprehensive Cybersecurity Policies and Procedures to Mitigate Risk," New York University Review of Employee Benefits and Executive Compensation (October 2023).
- Author, "Retirement Savings Lost and Found—Where is the Money?," Journal of Pension Benefits (Summer 2023).
- Author, "Fiduciary Considerations for Cryptocurrency Investments in 401(k) Plans," Journal of Pension Benefits (Winter 2023).
- Author, "Maintaining Plan Documents and Procedures for Retirement Plan Required Minimum Distributions," Journal of Pension Benefits (Summer 2022).
- Author, "Improving the Process to Distribute Retirement Benefits Pursuant to a QDRO," Journal of Pension Benefits (Winter 2022).
- Author, "Plan Distribution Disclosures and Enhanced Communications," Journal of Pension Benefits (Summer 2021).
- Author, "To Escheat or Not to Escheat, Considerations When No One Responds," Journal of Pension Benefits (Spring 2021).
- Author, "Cybersecurity Considerations for Plan Distribution Administration," Journal of Pension Benefits (Winter 2021).
- Author, "Administering Retirement Plans Through a Disaster," Journal of Pension Benefits (Autumn 2020).
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
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