PRACTICE AREAS


Steven W. Rabitz concentrates in the fiduciary responsibility, prohibited transaction and funding rules of ERISA, the tax, securities and other legal considerations associated with executive and other incentive compensation, and the rules applicable to the design, implementation and ongoing operation of retirement, health and other benefits. He advises broker-dealers, investment managers and other financial market participants on the ERISA (and related) considerations associated with the structuring, developing and offering of financial products and services, and also represents both public and private companies in a wide variety of compensation and benefit-related matters, including cross-border related considerations.

After spending six years as part of a dedicated team of ERISA and compensation lawyers internally at Goldman Sachs, Mr. Rabitz pioneered and led the ERISA, executive compensation and benefits legal function at Lehman Brothers, and most recently, has served at Barclays Capital in a similar substantive capacity. While in-house, Mr. Rabitz focused extensively on the ERISA considerations relating to his employers' principal businesses and product lines, from both the "sell side" and the "buy side," including ERISA issues relating to brokerage, prime brokerage, futures, securities lending, repos, swaps and other derivatives, structured debt and similar financial products, asset-backed and mortgage-backed securities, as well as the ERISA considerations relating to asset management and investment advisory products and services, including separately managed accounts, the formation of, the investment by, and the ongoing operation of alternative investment vehicles like private equity funds, real estate funds, hedge funds, funds of funds, other collective investment funds, and "wrap" and other similar products and services developed for both institutional and high net worth markets. He concentrated equally on his employers' executive, deferred and other incentive-based compensatory programs, and other legal and regulatory aspects of compensation, as well as their retirement, health and other benefit programs. He focuses on the U.S. Federal income tax provisions (including Section 162(m), Section 409A and Section 457A of the Internal Revenue Code), corporate governance, and securities law (including Securities Act, Securities Exchange Act and proxy-related disclosure considerations), and other design and implementation-related considerations associated with companies’ incentive, equity and deferred compensation arrangements, whether for private or public companies, domestic or cross-border.

HONORS & AWARDS

Mr. Rabitz has been listed in Chambers USA: America's Leading Lawyers for Business since 2010 for his work in employee benefits and executive compensation and recognized by Best Lawyers in the category of employee benefits (ERISA) law. He is nationally recommended by The Legal 500 United States and was named a "Leading Lawyer" for 2017. In addition, Mr. Rabitz has been named to Super Lawyers for 2012-2017 and was the recipient of the 2015 Burton Award for excellence in legal writing.


MEMBERSHIPS

  • Member, Board of Directors, New York University School of Law Alumni Association, 2005-present
  • Member, Board of Directors and Co-Chair, Public Policy Committee, Anti-Defamation League, New York Region, 2006-present
  • Member, Steinberg Leadership Institute, 2004-2005

SPEECHES & EVENTS

  • Speaker, "Regulatory Interactions with Plans," ERISA 2017: The Evolving World 2017, Practising Law Institute, July 31, 2017
  • Speaker, "Pension Plan Investments 2017: Current Perspectives," Practising Law Institute, May 16, 2017 
  • Panelist, "The DOL Fiduciary Rule and MiFID II Inducements Provisions: Impact on Mutual Fund Distribution," IBA's 28th Annual Globalization of Investment Funds Conference, April 23-25, 2017
  • Panelist, "DOL for Various Business Models," SIFMA Compliance & Legal Society Annual Seminar, March 19-22, 2017
  • Speaker, "Cool Compensation Considerations for the Private Company: Pay, Performance and Perspectives," Practising Law Institute, March 13, 2017
  • Panelist, "The Fiduciary Rule: Where Should We Be, and Where Do We Go From Here?" Institutional Investor Legal Forum’s Winter Roundtable, February 28-March 1, 2017
  • Panelist, "Regulatory Interaction with Plans," ERISA 2016: The Evolving World, Practising Law Institute, August 1-2, 2016
  • Speaker, Implications of the Final DOL Fiduciary Rule, McKinsey & Company Webinar, May 4, 2016
  • Panelist, "DOL's Fiduciary Advice: Final Regulations," Practising Law Institute, April 14, 2016
  • Panelist, "Current Topics in Private Equity and Alternative Investments," Pension Plan Investments 2016: Current Perspectives, Practising Law Institute, March 30, 2016
  • Panelist, "Understanding Special Alternative Investment Considerations and Insurance Products," ERISA Plans in the Financial Markets 2016, Practising Law Institute, February 3, 2016
  • Guest Lecturer, "ERISA Regulations," Regular Compliance Association, March 2015 
  • Speaker, "ERISA and LDI Basics," International Longevity Markets Association, May 13, 2014
  • Guest Lecturer, "ERISA Compliance," Regulatory Compliance Association, April 23, 2014
  • Speaker, Pension Plan Investments 2014: Current Perspectives, Practising Law Institute, April 1, 2014

PUBLICATIONS

  • Co-author, "The Immaculate (Church-Affiliated) Exception? Supreme Court Gets Religion on ERISA," Stroock Special Bulletin, June 8, 2017
  • Co-author, "A SECond Opinion on DOL Fiduciary?" Stroock Special Bulletin, June 5, 2017
  • Co-author, "... And Without Further Delay (But With Much Ado) DOL Fiduciary Rule to Debut June 9th," Stroock Special Bulletin, May 23, 2017
  • "Quoth the DOL, 'Nevermore'?" Stroock Special Bulletin, April 5, 2017
  • "Will Time Derail 'Fiduciary' Delay's Arrival? DOL FABulously Pledges to 'Mind the Gap' on Enforcement," Stroock Special Bulletin, March 13, 2017
  • "It's About Time! DOL Proposes Delay of Fiduciary Rule," Stroock Special Bulletin, March 2, 2017
  • "Keep Calm and Carried Interest," Cool Compensation Considerations for the Private Company: Pay, Performance and Perspectives, Practising Law Institute, March 2017
  • "What's the "BIC Deal" with Compensation in Financial Services? DOL's New Fiduciary Rule and Selected Compensation Impacts," Cool Compensation Considerations for the Private Company: Pay, Performance and Perspectives, Practising Law Institute, March 2017
  • Co-author, "DOL Fiduciary and the Super Bowl: No Delay of Game (Yet) and Overtime Possible," Stroock Special Bulletin, February 6, 2017
  • "A 'Clear' Guide to Swaps and to Avoiding Collateral Damage in the World of ERISA and Employee Benefit Plans (Part One of Four)," The Hedge Fund Law Report, July 28, 2016, Vol. 9, No. 38
  • Co-author, "Final Fiduciary Rule Means ERISky Business: Will BICkering Follow?" Stroock Special Bulletin, April 19, 2016
  • Co-author, "The Integral Calculus of Private Equity Funds and ERISA?" Stroock Special Bulletin, April 5, 2016
  • "An Alternative (Fund) Perspective on DOL's Fiduciary Proposal," Pension Plan Investments, Practising Law Institute, April 2016
  • "How UBTIquitous Are Tax Traps for ERISA Plans?: (...and what to 'leverage' if U-Bit off more than your plan can chew.)," ERISA Plans in the Financial Markets 2016, Practising Law Institute, February 2016
  • "The ABC's of ETI's, ESG's, and ERISA," Neuberger Berman's DC Insights, December 2015
  • "DOL Conflicted Advice Proposal: The Hearings are Completed — But Who Is Listening?," Neuberger Berman's DC Insights, October 2015
  • Co-author, "Deducting from Flexibility Under 162(m) New Proposed Treasury Regulations — Released," Tax Management Compensation Journal, September 2, 2015
  • "DOL Re -Proposal: Expanding and Redefining ERISA Fiduciary," Neuberger Berman's DC Insights, July 2015
  • "Illinois Adopts Payroll Deposit Savings Arrangement," Neuberger Berman's DC Insights, April 2015
  • "ABCs of ABB: A Timely Reminder of Plan Fiduciary Duties and the Avoidance of Tussey-Like Tussles," Neuberger Berman's DC Insights, January 2015
  • "DOL Re-Opens Brokerage Window Inquiry: Will It Clear the Air or Leave Participants in ‘Pane’?” Pension & Benefits Daily, October 29, 2014
  • "AESOP’s Foibles? SCOTUS: Being a Moench Not Enough Under ERISA," Stroock Special Bulletin, June 26, 2014
  • "The Summary of All Fears? DOL Proposes 'Guide' on 408(b)(2)," Stroock Special Bulletin, March 19, 2014
  • "The SEC’s Road to Pay Ratio Disclosure: Watch Out for the Median," Stroock Special Bulletin, October 1, 2013
  • Co-author, "Post-DOMAstic Tranquility? New Treasury Guidance on Same-Sex Marriage: Retirement, Benefits, Gift & Estate Taxes," Stroock Special Bulletin, September 4, 2013
  • Co-author, "Is ERISA Case Serious (Trade or) Business for PE Funds? 1st Cir. Asks if Portfolio Co. Pensions are Under ‘Control,’" Stroock Special Bulletin, August 2, 2013

ADMITTED TO PRACTICE

New York, 1996; Massachusetts, 1996


EDUCATION

LL.M., Taxation, New York University School of Law, 1998

J.D., cum laude, New York University School of Law, 1995; Editor, New York University Review of Law & Social Change

B.A., summa cum laude, Brandeis University, 1992; Phi Beta Kappa, Pi Sigma Alpha

 

PUBLICATIONS

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