Amy Gordon

I regularly advise clients on their self-funded and insured health plans, wellness programs, and on-site clinics. I also work with service providers to structure these products for their plan customers. I handle a wide variety of fiduciary issues, including prohibited transactions and other ERISA Title I matters and represent clients before the U.S. Department of Labor, Employee Benefits Security Administration and the Internal Revenue Service. I assist 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. I am knowledgeable and provide guidance to master and feeder funds, VCOCs, and REOCs. I regularly assist 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. I consult with clients regarding the design of their plans, direct provider contracting options, and assist with compliance of wellness programs and initiatives. I have extensive experience with assisting clients who transition their employees and/or retirees to the public and private Marketplace Exchanges. I also provide guidance and counseling on unique funding arrangements (e.g. VEBAs, 401(h) accounts and captives) involving active and retiree benefit plans. I have experience with single and group captives. Previously, I served as in-house counsel to Prudential Financial, formerly Prudential Insurance Company of America. I 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. I also represented the company in various fiduciary and prohibited transaction matters. Before that, I 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 my EBSA tenure, I prepared a number of high-profile civil and criminal litigation actions brought by the Department of Labor and the U.S. Attorney’s office.