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Amy Gordon

Partner in Chicago

Admissions

  • Illinois
  • New York
  • New Jersey

Education

Languages

  • Spanish

Amy Gordon regularly advises clients on their self-funded and insured health plans, wellness programs, and on-site clinics. She also works with service providers to structure these products for their plan customers. She handles fiduciary issues, including prohibited transactions and other ERISA Title I matters and represents clients before the U.S. Department of Labor, Employee Benefits Security Administration. She assists on-shore and off-shore investment funds in structuring their products to comply with the plan asset rules, or to avoid plan asset fund status. She is knowledgeable and provides guidance to master and feeder funds, VCOCs, and REOCs.

Amy assists clients and service providers in designing and maintaining compliant flexible benefit, life, medical, dental, pharmacy, employee assistance programs (EAP), educational assistance, disability, supplemental health, severance, health savings accounts (HSAs), health reimbursement accounts (HRAs), and other types of voluntary or ERISA covered welfare plans. She also consults with clients regarding the design of their plans, direct provider contracting options, and assists with compliance of wellness programs and initiatives. She has extensive experience with assisting clients who transition their employees and/or retirees to the public and private Marketplace Exchanges.

Amy also provides guidance on unique funding arrangements (e.g. VEBAs, 401(h) accounts and captives) involving retiree benefit plans, including Financial Accounting Standards Board (FASB) liability issues.

Previously, Amy served as in-house counsel to Prudential Financial, formerly Prudential Insurance Company of America. She advised Prudential on its current and new products, including long-term and short-term disability, health insurance, life insurance, guaranteed products, individual retirement accounts (IRAs), voluntary products, and pension plan investments. She also represented the company in various fiduciary and prohibited transaction matters. Before that, she worked in the New York Regional Office of the Department of Labor, Employee Benefits Security Administration (EBSA), formerly the Pension and Welfare Benefits Administration (PWBA). During her EBSA tenure, she prepared a number of high-profile civil and criminal litigation actions brought by the Department of Labor and the U.S. Attorney’s office.

Experience

  • Implemented employer on-site clinics
  • Designed HIPAA compliance from beginning to end, including guidance on HIPAA breaches
  • Represented clients before U.S. Department of Labor, Employee Benefits Security Administration
  • Transitioned clients to private exchanges
  • Issued VCOC opinion letters
  • Advises on funds that are Plan Asset funds and those that are VCOCs, REOCs or under 25%

Honors & Awards

  • The Best Lawyers in America, Employee Benefits Law, 2022 & 2023
  • The Legal 500 U.S., “Key Lawyer” in Employee Benefits, Executive Compensation and Retirement Plans, 2021 & 2022
  • Chambers USA 2020-2022
  • The Legal 500 U.S. 2018 
  • JD Supra Readers’ Choice Award, Top Author, 2017 & 2016

Activities

  • Fellow, American College of Employee Benefits Counsel
  • Member, American Bar Association
  • Member, Worldwide Employee Benefits Network
  • Member, U.S. Chamber of Commerce Employee Benefits Committee 

Credentials

Amy received her B.S. in Finance from Pennsylvania State University in 1988, and she received her J.D. from Hofstra University Maurice A. Deane School of Law in 1991.

Publications & Speaking Engagements

Publications & Blogs 

Speaking Engagements 

  • Spoke on “Unpacking the Consolidated Appropriations Act – Health and Welfare Plans” at West/Thomson Reuters' Webinar (March 2017)
  • Spoke on “Hot Topics in Employee Benefits - Health and Welfare” at the Federal Bar Association's Virtual Tax Law Conference (March 2021)
  • Spoke on “Health Savings Accounts (HSAs) - How Can Three Little Letters Be So Complicated?” at Lorman Education Services' Webinar (February 2021)
  • Spoke on “The Grey Areas of Sick-Leave Claims” at American Conference Institute's 18th Annual Forum on ERISA Litigation (November 2020)
  • Spoke on “COBRA Litigation in Practice: The Latest Strategies for Addressing Rising Liability Associated with COBRA Notices” at American Conference Institute's Webinar (September 2020)
  • Spoke on “Cybersecurity Issues for Employee Benefit and Compensation Plans” at PSCA’s 2019 National Conference (April 2019) 
  • Spoke on “Examining the Many Facets of Health and Welfare Plan Litigation Relevant to ERISA” at ACI’s 16th National Forum on ERISA Litigation (November 2018) 
  • Spoke on ADA and EEOC Compliance at the 15th Annual Employee Benefits Symposium John Marshall Law School Center for Tax Law & Employee Benefits (April 2018)
  • Moderated a panel on “A Tale of Rural American Health Care Delivery Dilemmas: The Opioid Crisis and Medical Air Transportation” at Impact of Systemic Economic and Political Change on Employee Benefits, an invitational conference organized by the American Bar Association’s Joint Committee on Employee Benefits (March 2018) 
  • Spoke on “Anticipated Regulatory Changes and Realities Under the New Administration: Update on the New DOL Rules on Fiduciaries and Claims Procedures and Key Agency Activity Impacting ERISA Claims and Litigation” at ACI’s 15th National Forum on ERISA Litigation (November 2017) 
  • Spoke on a panel about Opioid addiction at ERIC’s 2018 semi-annual meeting; spoke at the ABA/CEBC conference

Amy Gordon

Partner in Chicago

Amy Gordon regularly advises clients on their self-funded and insured health plans, wellness programs, and on-site clinics. She also works with service providers to structure these products for their plan customers. She handles fiduciary issues, including prohibited transactions and other ERISA Title I matters and represents clients before the U.S. Department of Labor, Employee Benefits Security Administration. She assists on-shore and off-shore investment funds in structuring their products to comply with the plan asset rules, or to avoid plan asset fund status. She is knowledgeable and provides guidance to master and feeder funds, VCOCs, and REOCs.

Amy assists clients and service providers in designing and maintaining compliant flexible benefit, life, medical, dental, pharmacy, employee assistance programs (EAP), educational assistance, disability, supplemental health, severance, health savings accounts (HSAs), health reimbursement accounts (HRAs), and other types of voluntary or ERISA covered welfare plans. She also consults with clients regarding the design of their plans, direct provider contracting options, and assists with compliance of wellness programs and initiatives. She has extensive experience with assisting clients who transition their employees and/or retirees to the public and private Marketplace Exchanges.

Amy also provides guidance on unique funding arrangements (e.g. VEBAs, 401(h) accounts and captives) involving retiree benefit plans, including Financial Accounting Standards Board (FASB) liability issues.

Previously, Amy served as in-house counsel to Prudential Financial, formerly Prudential Insurance Company of America. She advised Prudential on its current and new products, including long-term and short-term disability, health insurance, life insurance, guaranteed products, individual retirement accounts (IRAs), voluntary products, and pension plan investments. She also represented the company in various fiduciary and prohibited transaction matters. Before that, she worked in the New York Regional Office of the Department of Labor, Employee Benefits Security Administration (EBSA), formerly the Pension and Welfare Benefits Administration (PWBA). During her EBSA tenure, she prepared a number of high-profile civil and criminal litigation actions brought by the Department of Labor and the U.S. Attorney’s office.

Honors and Awards

Chambers USA
Chambers and Partners
Legal
500
The Legal 500 United States
Readers’
Choice
Top
Author
JD Supra
Best Lawyers
The Best Lawyers in America©
  • The Best Lawyers in America, Employee Benefits Law, 2022 & 2023
  • The Legal 500 U.S., “Key Lawyer” in Employee Benefits, Executive Compensation and Retirement Plans, 2021 & 2022
  • Chambers USA 2020-2022
  • The Legal 500 U.S. 2018 
  • JD Supra Readers’ Choice Award, Top Author, 2017 & 2016

Activities

  • Fellow, American College of Employee Benefits Counsel
  • Member, American Bar Association
  • Member, Worldwide Employee Benefits Network
  • Member, U.S. Chamber of Commerce Employee Benefits Committee 

Amy received her B.S. in Finance from Pennsylvania State University in 1988, and she received her J.D. from Hofstra University Maurice A. Deane School of Law in 1991.

Education

Hofstra University
JD, 1991
Pennsylvania State University
BS, 1988

Admissions

IL
Illinois
NY
New York
NJ
New Jersey

Languages

es
Spanish
  • Implemented employer on-site clinics
  • Designed HIPAA compliance from beginning to end, including guidance on HIPAA breaches
  • Represented clients before U.S. Department of Labor, Employee Benefits Security Administration
  • Transitioned clients to private exchanges
  • Issued VCOC opinion letters
  • Advises on funds that are Plan Asset funds and those that are VCOCs, REOCs or under 25%

Publications & Blogs 

Speaking Engagements 

  • Spoke on “Unpacking the Consolidated Appropriations Act – Health and Welfare Plans” at West/Thomson Reuters' Webinar (March 2017)
  • Spoke on “Hot Topics in Employee Benefits - Health and Welfare” at the Federal Bar Association's Virtual Tax Law Conference (March 2021)
  • Spoke on “Health Savings Accounts (HSAs) - How Can Three Little Letters Be So Complicated?” at Lorman Education Services' Webinar (February 2021)
  • Spoke on “The Grey Areas of Sick-Leave Claims” at American Conference Institute's 18th Annual Forum on ERISA Litigation (November 2020)
  • Spoke on “COBRA Litigation in Practice: The Latest Strategies for Addressing Rising Liability Associated with COBRA Notices” at American Conference Institute's Webinar (September 2020)
  • Spoke on “Cybersecurity Issues for Employee Benefit and Compensation Plans” at PSCA’s 2019 National Conference (April 2019) 
  • Spoke on “Examining the Many Facets of Health and Welfare Plan Litigation Relevant to ERISA” at ACI’s 16th National Forum on ERISA Litigation (November 2018) 
  • Spoke on ADA and EEOC Compliance at the 15th Annual Employee Benefits Symposium John Marshall Law School Center for Tax Law & Employee Benefits (April 2018)
  • Moderated a panel on “A Tale of Rural American Health Care Delivery Dilemmas: The Opioid Crisis and Medical Air Transportation” at Impact of Systemic Economic and Political Change on Employee Benefits, an invitational conference organized by the American Bar Association’s Joint Committee on Employee Benefits (March 2018) 
  • Spoke on “Anticipated Regulatory Changes and Realities Under the New Administration: Update on the New DOL Rules on Fiduciaries and Claims Procedures and Key Agency Activity Impacting ERISA Claims and Litigation” at ACI’s 15th National Forum on ERISA Litigation (November 2017) 
  • Spoke on a panel about Opioid addiction at ERIC’s 2018 semi-annual meeting; spoke at the ABA/CEBC conference

Amy M. Gordon

Partner in Chicago

Admissions

  • Illinois
  • New York
  • New Jersey

Education

Amy focuses her practice on welfare benefits compliance with HIPAA, ERISA, the Public Health Service Act, the Internal Revenue Code, the ACA and its replacement legislation, and related federal and state laws and regulations. Amy has assisted clients with consumer-driven health care, unique plan funding issues, wellness including creating and administering on-site clinics and telehealth as well as transitioning active and retired employees onto private health care exchanges. She also handles fiduciary issues, including prohibited transactions and other ERISA Title I matters, and represents clients before the U.S. Department of Labor, Employee Benefits Security Administration. Amy is a fellow of the American College of Employee Benefits Counsel.

Experience

  • Implemented employer on-site clinics
  • Designed HIPAA compliance from beginning to end, including guidance on HIPAA breaches
  • Represented clients before U.S. Department of Labor, Employee Benefits Security Administration
  • Transitioned clients to private exchanges
  • Issued VCOC opinion letters
  • Advises on funds that are Plan Asset funds and those that are VCOCs, REOCs or under 25%

Honors & Awards

  • The Best Lawyers in America, Employee Benefits Law, 2022 & 2023
  • The Legal 500 U.S., “Key Lawyer” in Employee Benefits, Executive Compensation and Retirement Plans, 2021 & 2022
  • Chambers USA 2020-2022
  • The Legal 500 U.S. 2018 
  • JD Supra Readers’ Choice Award, Top Author, 2017 & 2016

Activities

  • Fellow, American College of Employee Benefits Counsel
  • Member, American Bar Association
  • Member, Worldwide Employee Benefits Network
  • Member, U.S. Chamber of Commerce Employee Benefits Committee 

Credentials

Amy received her B.S. in Finance from Pennsylvania State University in 1988, and she received her J.D. from Hofstra University Maurice A. Deane School of Law in 1991.

Publications & Speaking Engagements

Publications & Blogs 

Speaking Engagements 

  • Spoke on “Unpacking the Consolidated Appropriations Act – Health and Welfare Plans” at West/Thomson Reuters' Webinar (March 2017)
  • Spoke on “Hot Topics in Employee Benefits - Health and Welfare” at the Federal Bar Association's Virtual Tax Law Conference (March 2021)
  • Spoke on “Health Savings Accounts (HSAs) - How Can Three Little Letters Be So Complicated?” at Lorman Education Services' Webinar (February 2021)
  • Spoke on “The Grey Areas of Sick-Leave Claims” at American Conference Institute's 18th Annual Forum on ERISA Litigation (November 2020)
  • Spoke on “COBRA Litigation in Practice: The Latest Strategies for Addressing Rising Liability Associated with COBRA Notices” at American Conference Institute's Webinar (September 2020)
  • Spoke on “Cybersecurity Issues for Employee Benefit and Compensation Plans” at PSCA’s 2019 National Conference (April 2019) 
  • Spoke on “Examining the Many Facets of Health and Welfare Plan Litigation Relevant to ERISA” at ACI’s 16th National Forum on ERISA Litigation (November 2018) 
  • Spoke on ADA and EEOC Compliance at the 15th Annual Employee Benefits Symposium John Marshall Law School Center for Tax Law & Employee Benefits (April 2018)
  • Moderated a panel on “A Tale of Rural American Health Care Delivery Dilemmas: The Opioid Crisis and Medical Air Transportation” at Impact of Systemic Economic and Political Change on Employee Benefits, an invitational conference organized by the American Bar Association’s Joint Committee on Employee Benefits (March 2018) 
  • Spoke on “Anticipated Regulatory Changes and Realities Under the New Administration: Update on the New DOL Rules on Fiduciaries and Claims Procedures and Key Agency Activity Impacting ERISA Claims and Litigation” at ACI’s 15th National Forum on ERISA Litigation (November 2017) 
  • Spoke on a panel about Opioid addiction at ERIC’s 2018 semi-annual meeting; spoke at the ABA/CEBC conference

Amy M. Gordon

Partner in Chicago

Amy focuses her practice on welfare benefits compliance with HIPAA, ERISA, the Public Health Service Act, the Internal Revenue Code, the ACA and its replacement legislation, and related federal and state laws and regulations. Amy has assisted clients with consumer-driven health care, unique plan funding issues, wellness including creating and administering on-site clinics and telehealth as well as transitioning active and retired employees onto private health care exchanges. She also handles fiduciary issues, including prohibited transactions and other ERISA Title I matters, and represents clients before the U.S. Department of Labor, Employee Benefits Security Administration. Amy is a fellow of the American College of Employee Benefits Counsel.

Honors and Awards

Chambers USA
Chambers and Partners
Legal
500
The Legal 500 United States
Readers’
Choice
Top
Author
JD Supra
Best Lawyers
The Best Lawyers in America©
  • The Best Lawyers in America, Employee Benefits Law, 2022 & 2023
  • The Legal 500 U.S., “Key Lawyer” in Employee Benefits, Executive Compensation and Retirement Plans, 2021 & 2022
  • Chambers USA 2020-2022
  • The Legal 500 U.S. 2018 
  • JD Supra Readers’ Choice Award, Top Author, 2017 & 2016

Activities

  • Fellow, American College of Employee Benefits Counsel
  • Member, American Bar Association
  • Member, Worldwide Employee Benefits Network
  • Member, U.S. Chamber of Commerce Employee Benefits Committee 

Amy received her B.S. in Finance from Pennsylvania State University in 1988, and she received her J.D. from Hofstra University Maurice A. Deane School of Law in 1991.

Education

Hofstra University
JD, 1991
Pennsylvania State University
BS, 1988

Admissions

IL
Illinois
NY
New York
NJ
New Jersey

Languages

es
Spanish
  • Implemented employer on-site clinics
  • Designed HIPAA compliance from beginning to end, including guidance on HIPAA breaches
  • Represented clients before U.S. Department of Labor, Employee Benefits Security Administration
  • Transitioned clients to private exchanges
  • Issued VCOC opinion letters
  • Advises on funds that are Plan Asset funds and those that are VCOCs, REOCs or under 25%

Publications & Blogs 

Speaking Engagements 

  • Spoke on “Unpacking the Consolidated Appropriations Act – Health and Welfare Plans” at West/Thomson Reuters' Webinar (March 2017)
  • Spoke on “Hot Topics in Employee Benefits - Health and Welfare” at the Federal Bar Association's Virtual Tax Law Conference (March 2021)
  • Spoke on “Health Savings Accounts (HSAs) - How Can Three Little Letters Be So Complicated?” at Lorman Education Services' Webinar (February 2021)
  • Spoke on “The Grey Areas of Sick-Leave Claims” at American Conference Institute's 18th Annual Forum on ERISA Litigation (November 2020)
  • Spoke on “COBRA Litigation in Practice: The Latest Strategies for Addressing Rising Liability Associated with COBRA Notices” at American Conference Institute's Webinar (September 2020)
  • Spoke on “Cybersecurity Issues for Employee Benefit and Compensation Plans” at PSCA’s 2019 National Conference (April 2019) 
  • Spoke on “Examining the Many Facets of Health and Welfare Plan Litigation Relevant to ERISA” at ACI’s 16th National Forum on ERISA Litigation (November 2018) 
  • Spoke on ADA and EEOC Compliance at the 15th Annual Employee Benefits Symposium John Marshall Law School Center for Tax Law & Employee Benefits (April 2018)
  • Moderated a panel on “A Tale of Rural American Health Care Delivery Dilemmas: The Opioid Crisis and Medical Air Transportation” at Impact of Systemic Economic and Political Change on Employee Benefits, an invitational conference organized by the American Bar Association’s Joint Committee on Employee Benefits (March 2018) 
  • Spoke on “Anticipated Regulatory Changes and Realities Under the New Administration: Update on the New DOL Rules on Fiduciaries and Claims Procedures and Key Agency Activity Impacting ERISA Claims and Litigation” at ACI’s 15th National Forum on ERISA Litigation (November 2017) 
  • Spoke on a panel about Opioid addiction at ERIC’s 2018 semi-annual meeting; spoke at the ABA/CEBC conference