Introduction
Brian Kopp advises employers on the variety of legal issues that impact employee benefit plans and executive compensation programs.
My focus
My practice focuses on providing sophisticated, practical advice on issues affecting my clients’ retirement and welfare benefit plans and executive compensation programs. I have over 20 years of experience in helping publicly traded and privately held employers design, implement and deliver cost-effective benefits programs to their employees. This counseling includes advising clients on the federal and state laws that apply to benefit plans, such as the Employee Retirement Income Security Act (“ERISA”) and its fiduciary duty, prohibited transaction, reporting/disclosure and withdrawal liability rules.
I also have substantial experience with executive compensation issues. For example, I have drafted, implemented and provided advice on non-qualified deferred compensation plans, supplemental executive retirement plans, severance plans, change-in-control agreements and stock-based compensation plans, including plans that grant options, restricted stock, restricted stock units, stock appreciation rights, performance shares and other equity-based awards.
For nonprofit employers, I have extensive experience with 403(b) and 457(b) plans, as well as the unique deferred compensation rules that apply to tax-exempt employers.
Looking ahead
The regulatory environment for employee benefit plans and executive compensation programs will only get more complex. For example, Health Care Reform has added thousands of new regulations governing medical plans. Additionally, executive compensation practices will draw increased scrutiny from regulators and shareholder activist groups. In this challenging environment, employers need to find cost-efficient solutions to their benefits issues.
In the news
- Rochester Business Journal
Is COVID-19 surcharge for unvaccinated workers looming?
This article, which covers the growing shift among employers to take more forceful measures when incentivizing workers to get vaccinated, extensively quotes Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, and Labor & Employment partner Stephanie Caffera on the prospect of charging unvaccinated employees to compensate for health care costs, and the rules employers must abide by if they decide to pursue this path.Sep 2, 2021 - Rochester Business Journal
What employers need to know about the new COBRA subsidy
Rochester Corporate partner Brian Kopp and associate Lena Gionnette contributed this article analyzing the new COBRA subsidy, as part of the American Rescue Plan Act of 2021, and the challenges it will pose to employers.May 7, 2021 - Inside Health Policy
Stakeholders await key guidance on full COBRA subsidies
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on COBRA subsidies included in the newly enacted American Rescue Plan, noting potential challenges for employers. The article also links to a client alert Brian wrote with Chicago Corporate partner Yelena Gray and Washington, DC Corporate partner Damian Myers, both of the Employee Benefits & Executive Compensation team.March 26, 2021 - The Deal
Tegna recruits sports podcaster-Locked On
This article on Tegna’s expansion into the fast-growing podcast market through its acquisition of Locked On Podcast Network mentions Washington, D.C. partners John Partigan and Sean Clancy and Rochester partner Brian Kopp, all of the Corporate group, for representing Tegna. The deal team also included Rochester Labor & Employment counsel Todd Shinaman; and Washington, D.C. associate Pierce Han and Boston associate Bohao Zhou, both in the Corporate group.Jan 27, 2021 - Law360
Legislative Fixes for Union Pension Crisis Within Reach
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on legislation introduced Thursday that aims to solve the multibillion-dollar union pension funding crisis.Jan 21, 2021 - HR News
Number of 401(k) Funds Offered to Plan Participants Shrinks
This article on the shrinking number of funds offered to 401(k) plan participants quotes a recent Fall Employee Benefits Briefing blog post written by Employee Benefits & Executive Compensation leader and Corporate partner Eric Paley, Corporate partners Christian Hancey and Brian Kopp, and Corporate associates Lena Gionnette and Jenny Holmes, all in Rochester; and Washington, D.C. Corporate counsel Damian Myers.Dec 1, 2020 - HR Magazine (Society for Human Resource Management)
New York government reaches deal on coronavirus sick-leave mandate
Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.March 19, 2020 - Law360
Taxation with Representation
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 9, 2019 - American Lawyer
Deal Watch: More consolidation hits the newspaper business
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 9, 2019 - The Deal
Gatehouse parent to buy Gannett
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 6, 2019 - Law360
4 firms steer $1.4B New Media, Gannett tie-up
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 5, 2019 - Law360
Don’t Miss It: Vinson, Nixon Peabody Lead Week’s Hot Deals
Nixon Peabody is mentioned as counsel to Tegna in its $535 million deal to acquire two television stations and one radio station in the Midwest from Dispatch Broadcast Group.June 14, 2019 - The Deal
Dispatch exits broadcasting with Tegna deal
The following stories mention Nixon Peabody as counsel to Tegna in its $535 million deal to acquire two television stations and one radio station in the Midwest from Dispatch Broadcast Group. NP’s deal team included partners John Partigan, Brian Kopp, Sean Clancy, counsels Todd Shinaman and Al Floro, and department attorney Dana Campbell.June 12, 2019 - Law360
Nexstar sells 19 stations for $1.32B to satisfy regulators
In the following coverage, Nixon Peabody is mentioned for its role as counsel to Tegna, which agreed to purchase a number of television stations from Nexstar Media Group for $740 million. Washington, DC, Corporate partner John Partigan led the deal team.March 21, 2019 - Law360
Don't miss it: Nixon Peabody pilots Tegna’s $105M TV stations deal
Washington DC partner and team leader John Partigan is mentioned in this article for leading the deal team in Tegna Inc.’s $105 million acquisition of local television stations in Ohio and Texas. The deal team also included partners Sean Clancy, Brian Kopp, Jean McCreary and Denise Pursley; counsel Todd Shinaman; and associates Pierce Han, Dara Histed, Carolyn Lowry and Dana Stanton.Aug 24, 2018 - The Deal
Tegna Goes Shopping for Big Four Affiliates
Public Company Transactions practice group leader John Partigan and attorneys Brian Kopp, Mike Hausknecht, Allan Floro, Justin Thompson, Sean Clancy, Pierce Han, Erin Kansy and Carolyn Lowry were mentioned in this article for representing Tegna in its recent purchase of a CBS-affiliated TV station and two radio stations in San Diego.March 2, 2018 - Rochester Business Journal
Job market wide open for prospective accountants
Rochester labor and employment partner Brian Kopp is quoted in this article about the job market for new lawyers and accountants and what firms are looking for in young lawyers.May 5, 2017 - Law360
Don't Miss It: Hot Deals & Firms We're Following This Week
Gannett Co., Inc.’s acquisition of seven Texas television stations from London Broadcasting Company for $215 million is highlighted among the top deals this week. Nixon Peabody represented Gannett. The deal team noted in the coverage includes Public Company Transactions practice group leader John Partigan, Labor & Employment partners Brian Kopp and Michael Hausknecht, Tax partner Christian McBurney, Antitrust partner Gordon Lang and counsel Alycia Ziarno, and associates Tiana Butcher and Pierce Han.July 10, 2014 - The Deal
Versar picks up J.M. Waller
Client J.M. Waller Associates’ sale to Versar, Inc. is highlighted in this piece. The coverage notes J.M. Waller’s legal team led by securities practice group leader John Partigan and includes partners Brian Kopp and Christian McBurney; associate Pierce Han; and paralegal Alicia Rotella.July 2, 2014 - Law360
ACA, Health Insurance Exchanges and the Future of COBRA
Rochester Labor & Employment attorneys Jo Ann Butler, Brian Kopp and Kate Saracene authored this column discussing two recent government announcements that aid employers’ ability to steer COBRA-eligible individuals, discuss the future role of COBRA and explore proactive ways that employers might encourage COBRA-eligible individuals to elect marketplace coverage.June 18, 2014
Admitted to practice
New York
Education
Colgate University, B.A., Chemistry, cum laude
Cornell Law School, J.D., magna cum laude
New York University Graduate School of Business Administration, M.S., Accounting
Professional activities
- Director, New York Employee Benefits Conference
- Member, Monroe County Bar Association
- Member, New York State Bar Association
- Member, American Bar Association
Recognition
Brian was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Employee Benefits (ERISA) Law; Employment Law—Management; and Litigation—Labor and Employment. He was named the Best Lawyers® 2025, 2023 and 2019 Employment Law—Management “Lawyer of the Year”; 2025, 2023, 2020, 2017, and 2014 Employee Benefits (ERISA) Law “Lawyer of the Year”; and 2024 and 2018 Litigation—Labor and Employment “Lawyer of the Year” in Rochester, NY. He has been listed in Best Lawyers in America since 2012.
Brian was selected to the Upstate New York Super Lawyers list in 2012-2015. His primary area of practice is employee benefits.
Insights And Happenings
View AllProfessionals in the Practice Area
View AllEric Paley
Partner / Team Leader, Employee Benefits & Executive Compensation- Rochester
- Office:+1 585.263.1012
- epaley@nixonpeabody.com
-