Education:
New York University School of Law, J.D., 1976
Barnard College, B.A. summa cum laude, 1972
Awards & RecognitioN:
AV® Preeminent™ Rated by Martindale-Hubbell
Selected for inclusion in Super Lawyers 2018-2023, Employee Benefits
Best Lawyers in America®, Employee Benefits, 2020-2023
Rated by Chambers in Employee Benefits
Selected for inclusion in Lawdragon’s list of Top 500 Corporate Employment Lawyers
Listed in Who’s Who Legal: Labor, Employment & Benefits, 2023
Named a Legal Trailblazer in the “Elite Boutique” category by the National Law Journal, October 2020
Honors & Affiliations
Worldwide Employee Benefits, New York Chapter, President 2019-2021
Worldwide Employee Benefits, National Board Member and Communications Chair, July 2021 to present
Employee Benefits Committee, New York City Bar Association, Co-Chair, Qualified Plans Subcommittee
Member of Law360’s 2024 Editorial Board
Employee Benefits & ERISA Attorney
Carol advises employers and pension industry leaders on a wide variety of plan issues, with devoted thought leadership on navigating fiduciary issues. She has a rare combination of both breadth and depth of knowledge in employee benefits law.
"She understands our business, is incredibly knowledgeable, responsive and provides very practical advice." "She has great depth and breadth of knowledge." - Client Comments, Chambers & Partners USA Guide
With a career that spans over 40 years, Carol has become one of the foremost employee benefits and ERISA attorneys in the country. She is widely known for her in-depth understanding of issues related to ERISA, including pension plan and employee stock ownership plan (ESOP) compliance, fiduciary responsibilities and investment fund formation. Her clients – global and U.S. companies – and attorneys rely on her for advice related to complex pension law and fiduciary problems. She also is experienced at advising global employers on U.S. and cross-border employee benefit matters.
Carol writes for the firm’s blog, Insights, and has contributed articles to many industry publications, including 401ktv, 401(k) Specialist, PLANSPONSOR, Law 360 and LEXIS Practice Advisor. In addition to opining about new developments in the benefits industry, Carol also speaks frequently at industry and client events.
Prior to founding Cohen & Buckmann, Carol was Counsel in the New York Office of Osler, Hoskin & Harcourt LLP and spent 23 years as specialist and ERISA Counsel at Sullivan & Cromwell.
Speaking Engagements
“The Intelligent Fiduciary: Common Problems ERISA Fiduciaries Can Avoid”, ABA/JCEB webinar, October 8, 2024
Worldwide Employee Benefits Network (WEB) national webinar, “Retirement Saving, Pensions, and ERISA at 50: Where Do We Go From Here?”, September 18, 2024
ERISA Plan Investment Committee Governance: Avoiding Breach of Fiduciary Duty Claims, Strafford CLE program, September 5, 2024
Worldwide Employee Benefits Network (WEB), national webinar "ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed", June 20, 2024
“Retirement Plan Options for Small Businesses”, New York City Bar Association, February 8, 2024
“Private Equity Compliance with ERISA: Fiduciary Duties in Managing ERISA Plan Assets”, Strafford CLE program, October 5, 2023
Plan SPONSOR Virtual HSA Conference, April 20, 2023
“Analyzing SECURE 2.0-Major Changes Impacting Retirement Plan Sponsors, Recordkeepers, Individuals, and Their Advisors”, New York City Bar Association, March 15, 2023
“State-Facilitated Retirement Programs: Legal Implications & Policy Developments”, ABA Joint Committee on Employee Benefits, August 23, 2022
“Understanding Cryptocurrency: The Basics of Blockchain, Bitcoin and Other Digital Assets & What the DOL Says About Them”, Worldwide Employee Benefits, June 16, 2022
“State-Facilitated Retirement Programs: Legal Implications & Policy Developments”, New York City Bar Association, May 18, 2022
Cryptocurrency and Employee Benefit Plans, New York City Bar Association Committee on Employee Benefits and Executive Compensation, April 20, 2022
“Not Doing RFPs for Your Retirement Plan? Learn Why This May Be a Costly Mistake”, Twelve Points Retirement Advisors, June, 2021
“Legislative and Regulatory Update”, Plan Sponsor National Conference, September 21, 2020
“Private Equity Compliance with ERISA: Fiduciary Duties in Managing ERISA Plan Assets”, Strafford CLE program, September 16, 2020
“Distribution Options for Employees”, Plan Progress Series, PlanSponsor, August 20, 2020
“Terminated Employee and Retiree Rights Under ERISA: Reducing Benefits, Partial Plan Termination, Severance Packages,” Stafford CLE, December 2019
“From RFP to Annual Review: How to Hire and Evaluate Your Investment Adviser,” Veriphy Analytics, May 2019
“ERISA Litigation Prevention and Defense,” Strafford CLE, May 2019
“Controlled Group Liability and Successor Employer Rules After PBGC v. Findlay Industries Inc.”, Strafford CLE, March 2019
“ERISA Litigation Update,” New York City Bar Association, Employee Benefits and Executive Compensation Committee, February 2019
“How to Measure a Successful 401(k) Plan,” Webinar, Kolinsky Wealth Management, August & December 2018
“Solutions for Plan Sponsor Fiduciaries,” Accountant-Lawyer Alliance, May & September 2018
“Qualified Plans Under Attack! What Are Plan Sponsors Doing Now?,” Worldwide Employee Benefits, New York Chapter, March 2018
“Recovering Pension Plan Overpayments – Navigating the Maze,” Western Pension & Benefits Conference, September 2017
“ERISA 403b Litigation,” Strafford CLE, September 2017
“The Intelligent Fiduciary – Best Practices for 401(k) and 403b(b) Plan Fiduciaries in 2017, WestLaw, March 2017
Publications
In Defense of the 401(k) Plan, LexisNexis Practical Guidance, July 2024
50 Years Later, ERISA Remains a Work in Progress, Law 360, July 2024
Cybersecurity Creates Ongoing Challenges for Plan Fiduciaries and Recordkeepers, Journal of Compensation and Benefits, November/December 2023
Postponing 401(k) Catch-Up Changes Makes Time to Clarify Rules, Bloomberg Tax, August 2023
Cyber Suits Highlight 401(k) Record-Keeper Best Practices, Law360, August 2022
The State of State-Run Savings Programs, Lexis Nexis Practical Guidance, April 2022
Should Private Equity Be in 401(k) Plans?, Investment News, March 2022
Settlement Holds ERISA Lessons for Private Co. Directors, Law360, January 2022.
Who Is Responsible for Plan Mistakes? Benefits of Outsourcing Plan Administration, Lexis Nexis Practical Guidance, August 2021.
Using Mandatory Arbitration to Avoid ERISA Class Actions, Bloomberg Tax Management Compensation Journal, July 2021.
3 Part Series on Using Mandatory Arbitration to Avoid ERISA Class Actions for Bloomberg Law Legal Perspectives, June, 2021.
The Changing Frontier of ERISA Fiduciary Breach Litigation, 2020 N.Y.U. Review of Employee Benefits and Executive Compensation.
Alternatives to Using Target Date Funds as QDIAs: LexisNexis Practical Guidance, 2020.
Will 2020 Be A Banner Year for Litigation? How Fiduciaries Can Protect Themselves, LexisNexis Practical Guidance, 2020.
COVID-19 Compliance Corner weekly column for PLANSPONSOR magazine, 2020
Ask the Lawyer monthly column for 401kTV
The Intelligent Fiduciary Guides, 2019, 2018, and 2017
Investment Manager Hiring Considerations for ERISA Plans, Lexis Nexis, September 2017
Asahi Case Suggests Pension Liability Risk, Thomson Reuters PE Hub, 2014
The Teflon Fiduciary: The Fifth Circuit Muddies the ERISA Waters, Bloomberg BNA Tax Management Memorandum™, 2014
Expert Q&A on ERISA Fee Disclosures, The Practical Law Company, 2014
Practice Notes on Fee Disclosure and Controlled Group Rules, Practical Law Company, 2014
Employee Plan "Fix-It" Programs and How to Use Them, The CPA Journal, November 2013
