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Morgan Lewis
Emily Rickard

Emily M. Rickard

Associate

emily.rickard@morganlewis.com

Philadelphia Phone +1.215.963.5472 Fax +1.215.963.5001

1701 Market St.//Philadelphia, PA 19103-2921//United States

Emily Rickard focuses her practice on the Employee Retirement Income Security Act of 1974 (ERISA), and has devoted a substantial portion of her practice to the implementation and maintenance of employee stock ownership plans (ESOPs). She regularly represents companies, internal ESOP trustees, and external ESOP trustees in transactions as well as in ongoing compliance matters. Outside of the ESOP context, Emily advises clients—including employers, insurers, plan administrators, and consultants—on health and welfare programs, qualified retirement plans, nonqualified retirement plans, and executive compensation.

Emily represents employers in connection with fiduciary issues under ERISA, ERISA’s prohibited transaction rules, US Internal Revenue Code requirements, audits of employer-provided benefit plans, regulatory enforcement actions, and ERISA litigation. She also leads due diligence and addresses employee benefits liability related to mergers and acquisitions of public as well as private companies.

Emily is well-versed in design, administration, and compliance matters related to health and welfare programs. She frequently advises on Patient Protection and Affordable Care Act (ACA) mandates, Health Insurance Portability and Accountability Act (HIPAA) privacy and security requirements, continuation coverage (COBRA), disability leaves, the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act (GINA), consumer-driven healthcare (including HSAs and HRAs), on-site clinics, telemedicine, expatriate health programs, as well as on state and local laws.

Emily regularly writes and speaks on issues she encounters in her practice, including ESOP compliance, Department of Labor and Internal Revenue Service enforcement activity, investment menu design, the history of ERISA, and ERISA’s fiduciary obligations.

Emily is a graduate of the University of Pennsylvania and Vanderbilt University Law School. While in law school, Emily was executive student writing editor for the Vanderbilt Journal of Transnational Law. She is a 2014 Gary S. Tell ERISA Litigation Scholar. Prior to joining Morgan Lewis, Emily was an employee benefits associate at a large international law firm in Washington, DC.

Awards and Affiliations

Member, The ESOP Association

Member, National Center for Employee Ownership

Admissions

  • Pennsylvania
  • District of Columbia
  • Illinois

Education

  • Vanderbilt University School of Law, 2015, J.D.
  • University of Pennsylvania, 2012, B.A., History

Sectors

  • Healthcare
  • Life Sciences
  • Retail & Ecommerce
  • Technology
  • Digital Health

Services

  • Labor, Employment & Benefits
  • ERISA Fiduciary Duty
  • ERISA/Employee Benefits Litigation
  • Executive Compensation
  • Health And Welfare Plan Design & Administration
  • Employee Stock Ownership Plans
  • Multiemployer Plans

Regions

  • North America

Events

12/14/2022 - Hot Topics in Employee Benefits: What We’re Seeing - December 2022
10/13/2022 - 2022 DOL Investigations Update
9/20/2022 - Executive Compensation in a Volatile Stock Market

News

12/15/2021 - DOL Recovered $2.4 Billion for Benefits Plan Participants in 2021, HR Magazine
8/13/2021 - DOL Urges Recoupment of Uncashed Checks from Prior Recordkeepers, Plan Sponsor

Publications

7/20/2022 - Preparing for the End of COVID-19 Emergency Periods: To-Dos for Plan Sponsors and Administrators
3/30/2022 - Seller Beware! Selling Shareholders May Be Held Liable if ESOP Overpays Them for Shares
3/18/2022 - DOL Calls for ‘Extreme Care’ Before 401(k) Plans Dive into Cryptocurrency Investments
March 2022 - Department of Labor as ERISA’s Cops: DOL ERISA Enforcement Overview and Current Priorities, Practical Guidance
1/14/2022 - Departments Release FAQs on Over-the-Counter COVID-19 Tests and Other Preventive Services
2021 - ESOPs: How Potential Tax Reform Could Impact ESOP Transactions, New York University Review of Employee Benefits and Executive Compensation – 2021
12/3/2021 - EBSA Enforcement Statistics for FY 2021: Growing Focus on Service Providers, Health & Welfare Plans
10/21/2021 - A Survival Guide to DOL Group Health Plan Mental Health Parity Audits
10/14/2021 - Department of Labor Teases Cryptocurrency Interest, International Employment Lawyer
9/29/2021 - Department of Labor Teases Cryptocurrency Interest
8/13/2021 - DOL ‘Encourages’ Retirement Plan Fiduciaries to Recoup Uncashed Checks from Prior Recordkeepers