M. Rogan Morton, Esq.,
Attorney and Counselor at Law
21 Rugby Road, Suite 300
Buffalo, New York 14216
5500 Main Street, Suite 343
Williamsville, NY 14221
Appointments available upon request.
M. Rogan Morton has been representing clients in employee benefits (including health and welfare arrangements, qualified retirement plans, equity compensation arrangements and executive compensation) for over 20 years by combining practical experience with cutting edge knowledge technology.
High-quality and efficient service for both public and private sector employers of all sizes at competitive rates. Rogan has represented clients ranging in size from small private companies to publicly traded and Fortune 500 companies, including advice on matters such as:
Day-to-day support for in-house benefits personnel regarding plan transactions, communications, claims, and contractual relationships with service providers.
Advice on regulatory compliance concerns, such as the Internal Revenue Code and ERISA, COBRA, HIPAA, PPACA (the Patient Protection and Affordable Care Act as amended - aka Health Care Reform) and other regulatory requirements as they apply to employee benefit arrangements and employers.
Assistance with regulatory and operational compliance audits, correction of plan errors, and filings with the IRS and other governmental agencies regulating employee benefit plans.
Assistance with plan drafting for all types of benefit arrangements as well as working with consultants, actuaries and other service providers for cost-effective results.
Advice on reporting and disclosure requirements as well as testing and plan transaction requirements.
Consulting regarding the implementation, operation and design of employee benefit arrangements.
Addressing employment and labor issues that may impact employee benefit arrangements as well as day-to-day employment and labor advice associated with human resource activities.
Consulting to create a "plan of action" to address compliance and operational issues impacting various employee benefit arrangements.
Advice on fiduciary responsibility, the application of the exclusive benefit rule and prohibited transactions and applications for exemptions as well as other government related filings and applications.
Addressing withdrawal liability and minimum funding requirements and associated PBGC and labor issues and negotiations.
Benefits-related litigation and arbitration.
Performing due diligence concerning benefit arrangements in mergers and acquisition situations.
Consulting concerning transition planning for benefit arrangements due to corporate transactions and/or legal/regulatory changes.
Representing entities before the United States Department of Labor, Health and Human Services and the Internal Revenue Service (among others).
Health Care Reform After the Supreme Court Decision: Key Implementation Considerations and Action Steps
Addressing 2011 Issues While Keeping An Eye Out for 2012 (and don't forget to tie-up a few loose ends from 2010).
Creating an HR Strategy For 2011 and Beyond.
EEO and Harassment Training.
Employment Policies and Procedures.
Health Care Reform For Employers.
HR and Employee Benefits Issues Update 2010.
QDROs and QMCSOs.
COBRA - Common Issues and Concerns.
Employment and Benefit Concerns With Employee Communications.
The Basics of Employee Benefits and Employment & Labor for General Practitioners and Business Lawyers.
Recordkeeping - Employment and Benefit Concerns.
Workplace Violence - Practical and Legal Considerations.
Employment Related Records and Recordkeeping.
Contributing author to Daily Record articles regarding the Fair Credit Reporting Act and the Health Insurance Portability and Accountability Act of 1996.
Pitfalls of Hiring and Firing, SHRM New York State Conference.
Common Errors When Terminating Employees.
Working with the New Form 5500s.
Employment Issues In The Electronic Workplace.
Are You Providing Employee Benefits in a Discriminatory Manner?
ERISA Disclosure and Reporting Compliance Basics.
Quoted in Business First of Buffalo 5.8.2009, Lost Benefits Rarely Come Back.
401(k) Administration: Basics and Beyond.
Employee Benefits, Employment and Labor Update 2011.
EEO Training and Compliance.
Employee Benefits in Labor Negotiations.
Issues Surrounding the Revised EEO-1.
Severance Pay and 409A.
Determinable Benefit Issues and Concerns.
Employment and Benefit Concerns Surrounding Misclassified Employees.
Rogan also uses her creativity, passion and flexibility to counsel and defend public and private sector employers with regard to employment and labor concerns, including union and non-union environments, such as: