Michelle is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Michelle is called to represent Fortune 500 companies, multinational corporations, nonprofit entities, medium-sized businesses, and individual executives across a variety of industries, including financial services, health care, life sciences, technology, artificial intelligence, media, telecommunications, hospitality, and retail.
Drawing on her law firm, corporate in-house, and business experience, Michelle partners with clients' in-house attorneys, human resources professionals, and benefit plan service providers to develop practical solutions to technical issues that advance clients’ business goals. Clients value Michelle’s clear advice and dedication to working with their project teams. She is often approached to provide guidance on the design, administration, compliance, and termination of qualified plans (such as 401(k), profit-sharing, and pension plans); nonqualified deferred compensation arrangements (including top hat plans and SERPs); employee welfare benefit plans (including group health plans, cafeteria plans, wellness programs, and COBRA requirements); equity/incentive compensation programs (such as stock option, restricted stock, phantom stock, and executive bonus programs); severance plans, and other benefits programs. For corporate transactions, Michelle’s practice includes counseling clients on such issues as the treatment of equity awards, change-in-control and golden parachute issues, plan spin-offs and terminations, post-transaction benefits integration issues, severance, COBRA, multi-employer plan withdrawal liability, and PBGC issues. She also regularly reviews and negotiates her clients’ severance, vendor, trust, investment management, and service provider agreements, and advises clients on the design of plan participant communications. Michelle serves as a trusted advisor to clients on compliance with ERISA, the Affordable Care Act, the Internal Revenue Code, the SECURE Act, the CARES Act, CAA 2021, ARPA, and other laws affecting employee benefit plans. She regularly counsels clients on fiduciary responsibilities under ERISA, including providing advice on plan governance, fiduciary training, and cybersecurity risks for employee benefit plans, and assists plan sponsors, trustees, and Investment and Administrative Committees with the development of best practices. Michelle also represents clients in matters before the Department of Labor, Internal Revenue Service, and other government agencies, including in connection with the DOL Voluntary Fiduciary Correction Program and the IRS Employee Plans Compliance Resolution System.
Michelle is a Fellow in the American College of Employee Benefits Counsel, and has received national awards and recognition for her work in employee benefits and executive compensation, including from Best Lawyers in America, Chambers USA, The Legal 500 United States, Who's Who in America, Who's Who in American Law, and Marquis Emerging Leaders. She has also been included on the New York Metro Super Lawyers, New York Metro Top Women, New York Metro Rising Stars, and New Jersey Rising Stars lists for her work in the area of employee benefits. In 2012, she received the Excellence in Achievement Award from Seton Hall University School of Law’s Peter W. Rodino, Jr. Society for her commitment to excellence and compassionate service in the field of law.
In addition to her practice, Michelle frequently speaks and writes articles on topics related to employee benefits and executive compensation, including health care and financial regulatory reform, fiduciary issues under ERISA, cybersecurity risks for employee benefit plans, and the outlook for employee benefits in the “future of work.” She has been a featured faculty speaker for continuing education programs offered by the New York City Bar Association, DC Bar Association, Strafford, Lawline, Clear Law Institute, and The Knowledge Congress. She has also published articles in and been interviewed for numerous publications such as The Employee Benefit Plan Review, The New York University Review of Employee Benefits and Executive Compensation, Journal of Pension Benefits, Practical Law (Practice Notes), Lexis Nexis Practice Advisor, Law360, Benefits Law360, The BNA Health Insurance Report, The BNA Pension & Benefits Reporter, The BNA Health Law Reporter, The Metropolitan Corporate Counsel, Confero Magazine, TechNews, and Financier Worldwide. Michelle has also served as an adjunct faculty member of the Seton Hall University School of Law, where she taught a course in Corporate Transactional Skills.
Prior to joining Mintz, Michelle was a member of a national law firm in the Employee Benefits & Executive Compensation and Health Care & Life Sciences practices. She has also practiced employee benefits law in the New York and New Jersey offices of several national and international law firms. In addition, Michelle has served in corporate in-house counsel roles with financial institutions, where she provided legal support to their retirement plan and equity award plan recordkeeping businesses. Michelle worked at a Wall Street brokerage company earlier in her career, assisting with retirement product development and obtaining her Series 7, Series 63, and other professional licenses required in the financial services industry. After law school, Michelle served as a judicial law clerk in the Civil Part of the Superior Court of New Jersey.
In law school, Michelle served as a member and assistant notes and comments editor of the Seton Hall Law Review and a co-captain of the Phillip C. Jessup International Moot Court Team. She also received several scholarships and interned with the civil court in Essex County, New Jersey and Seton Hall Law School’s Center for Social Justice.
viewpoints
AI in the Workplace: Navigating Compliance Considerations and Planning for the Future
May 24, 2024 | Video | By Michelle Capezza, Corbin Carter, Evan Piercey
A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans
March 20, 2024 | Blog | By Michelle Capezza, David Lagasse
Corporations with 10 or More ISO or ESPP Reporting Obligations on Forms 3921 or 3922 Should Take Notice of Revised Electronic Filing Requirements
January 25, 2024 | Blog | By Anne Bruno, Michelle Capezza
Workplace Implications of President Biden’s Executive Order Addressing Artificial Intelligence — AI: The Washington Report
December 8, 2023 | Article | By Michelle Capezza, Evan Piercey
Read about workplace implications of president biden’s executive order addressing artificial intelligence in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.
NYC Releases Automated Employment Decision Tools FAQs Addressing Certain Lingering Questions
July 13, 2023 | Blog | By Michelle Capezza, Evan Piercey, Corbin Carter
NYC Issues Final Rules for AI-Based Workplace Decision-Making Tools and (Again) Delays Enforcement
April 14, 2023 | Blog | By Corbin Carter, Michelle Capezza, Evan Piercey
Deploying A Holistic Approach to Automated Employment Decision-Making in light of NYC’s AEDT Law
February 3, 2023 | Blog | By Michelle Capezza, Corbin Carter, Evan Piercey
2022 Roundup: New York Employment Law Legislation
December 23, 2022 | Blog | By Michelle Capezza, Corbin Carter, Evan Piercey
2022 has been an eventful year for New York employers, as the State and City have instituted a variety of new employment laws. Top of mind are New York City’s Salary Transparency Act and New York City’s sweeping regulation of automated employment decision tools; but we have also seen other laws emerge that may have missed employers’ radars. As 2022 comes to a close, we highlight below some of these important new developments.
Expanding Coverage and Increasing Retirement Savings with the SECURE 2.0 Act
December 23, 2022 | Blog | By Michelle Capezza
ERISA Fiduciaries May Consider ESG Factors in Selecting Investments and Exercising Shareholder Rights
November 30, 2022 | Alert | By Jacob Hupart, Michelle Capezza, Thomas R. Burton, III, Megan Gates
Read about a DOL final rule under the Employee Retirement Income Security Act of 1974 (ERISA), which clarifies that fiduciaries may consider climate change and other environmental, social, and governance (ESG) factors when making investment decisions and exercising shareholder rights.
News & Press
How Johnson v. Parker-Hannifin Impacts Professional Fiduciaries And 401k Plan Sponsors
December 17, 2024
Of Counsel Michelle Capezza was quoted by Fiduciary News in an article about the potential repercussions of the Johnson v. Parker-Hannifin case over alleged failures to correctly monitor investments, leading to high-cost share classes. Michelle discusses the case’s implications for professional fiduciaries and 401k plan sponsors.
Of Counsel Michelle Capezza’s insights were included in a Fiduciary News article about the SECURE Act 2.0’s auto-enrollment requirement.
Of Counsel Michelle Capezza was quoted by Fiduciary News in an article about the ERISA Advisory Council’s draft recommendations regarding the Qualified Default Investment Alternatives (QDIA) in certain phases of retirement.
Twenty-seven Mintz Attorneys Recognized as 2024 New York Super Lawyers and Rising Stars
October 28, 2024
Mintz is pleased to announce that 15 attorneys have been named New York Metro Super Lawyers and 12 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2024.
5 Reasons Bigger 401k Plans Are Better
September 17, 2024
Of Counsel Michelle Capezza recently spoke with Fiduciary News about the benefits of bigger 401k plans. In the article, Michelle discusses the specific benefits for employers sponsoring 401k plans.
The Fiduciary How (And Why) 401k Plan Sponsors Change Recordkeepers
September 10, 2024
Of Counsel Michelle Capezza was quoted by Fiduciary News in an article about 401k plan sponsors changing service providers, and why now might be a good time to consider any such changes.
Is Proposed Bill Easing 401k Participation of Workers under Age 21 Focusing on the Wrong Thing?
August 20, 2024
Of Counsel Michelle Capezza spoke with Fiduciary News about a proposed bill that would make it easier for employers to add employees under the age of 21 to their 401K plans. Michelle discusses what the landscape looks like now and the reasoning behind it.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
The Impact Of New Fiduciary Rule On 401k Plan Sponsors
April 30, 2024
Is It A Bad Thing That ERISA Killed The Pension Plan?
March 19, 2024
Of Counsel Michelle Capezza spoke with Fiduciary News providing insights on the Employee Retirement Income Security Act (ERISA) and whether it unintentionally contributed to the decline of traditional pension programs.
The Irony Of Taxing 401k Plans To Save Social Security
February 6, 2024
401k Plan Sponsors Must Be Wary Of Fiduciary Liability Associated With Bitcoin ETFs
January 30, 2024
Fiduciary News spoke to Of Counsel Michelle Capezza on the impact of the SEC’s approval of the creation of Bitcoin ETFs on 401k plan sponsors.
401k Fiduciary Warning: This Is How The Supreme Court’s Chevron Decision Might Impact The Retirement Plan Industry
January 23, 2024
Fiduciary News spoke to Of Counsel Michelle Capezza in an article discussing the impact of the Supreme Court’s Chevron decision on the retirement plan industry.
Of Counsel Michelle Capezza spoke to Fiduciary News in an article discussing the implementation of auto-portability, effective January 1, 2024, under the SECURE 2.0 Act.
IBM’s New 401k Match Policy Isn’t What You Think
November 28, 2023
Of Counsel Michelle Capezza was quoted in a Fiduciary News article discussing IBM’s decision to eliminate its 401k match. Michelle offered insight on what prompted this policy change and why the new policy is unlikely to be adopted by other companies.
Retirement Pros Sound Off On DOL’s New Fiduciary Rule
November 7, 2023
Of Counsel Michelle Capezza spoke to Fiduciary News on the Department of Labor’s latest attempt to rewrite its newest fiduciary rule.
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
Is There A Cure For Covid Caused 401k Leakage?
September 19, 2023
Fiduciary News spoke to Of Counsel Michelle Capezza about the impact on retirement plans following the government’s COVID-era easing on premature 401K withdrawals.
$4.3 Million Or $1.27 Million? What’s The Point Of Scary Retirement Projection Numbers?
August 22, 2023
Fiduciary News referenced Of Counsel Michelle Capezza in an article published discussing retirement projection numbers.
What Is A Major Advantage Of Separately Managed Accounts (SMAs)?
August 22, 2023
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Of Counsel Michelle Capezza was referenced in an article published by Fiduciary News analyzing forgotten 401K accounts.
Why Is ‘Fiduciary’ Losing Its Luster?
July 25, 2023
Of Counsel Michelle Capezza spoke to Fiduciary News about the Department of Labor's efforts to expand the definition of fiduciary and compel financial services providers to embrace the term.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Five Favorite 401k Features We Can’t Live Without
May 31, 2023
Of Counsel Michelle Capezza spoke to Fiduciary News about the tax advantages that result from 401K plans.
NYC’s New AI Hiring Law Won’t Be Enforced Until April
January 13, 2023
NYC Local Law 144 And The New Frontier Of Algorithmic Decision-Making In The Workplace: What Employers Need To Know As They Prepare For 2023 And Beyond
December 12, 2022
Mintz Of Counsel Michelle Capezza and Associates Evan Piercey and Corbin Carter co-authored an article published in the New York Law Journal which analyzes NYC Local Law 144, its impact on employers in New York City and their use of automated employment decision tools (AEDTs).
Maintaining Plan Documents And Procedures For Retirement Plan Required Minimum Distributions
October 20, 2022
Mintz Of Counsel Michelle Capezza authored an article published by the Journal of Pension Benefits titled "Maintaining Plan Documents And Procedures For Retirement Plan Required Minimum Distributions".
Providing Meaningful Access To, And Features In, Retirement Savings Plans To Address Savings Gaps And Boost Retirement Savings
October 11, 2022
Mintz Of Counsel Michelle Capezza authored a chapter in New York University’s Review of Employee Benefits and Executive Compensation examining some of the ways that employers can provide their employees with meaningful access to retirement savings plans to address retirement savings gaps.
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
Mintz Advises JMP Group in Sale to Citizens Financial Group
November 16, 2021
Mintz Advises Cardurion Pharmaceuticals in Investment of up to $300 Million from Bain Capital
November 02, 2021
Artificial Intelligence in the Workplace and The Future of Employer-Provided Employee Benefits
September 30, 2021
Best Practices for ERISA Fiduciary Responsibilities and Cybersecurity for Retirement Plans
August 24, 2021
Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions
August 20, 2021
Mitigating Cybersecurity Risks for Retirement Plans
July 28, 2021
Designing Employee Benefits to Address Educational Debt
January 1, 2021
Administering Retirement Plans Through a Disaster
September 1, 2020
Recovering Retirements and Making Sense of Employer-Provided Retirement Benefits in a Changing World
September 1, 2020
Employee Benefits and Executive Compensation Attorney’s Role in Corporate Transactions
August 1, 2020
Revisiting Retirement Plans After the Global Pandemic
April 1, 2020
Designing Employee Benefits to Address Educational Debt
September 1, 2018
Is Your Mental Health Parity Compliance Up To Par?
May 30, 2018
Compensating Executives in the Digital Age
April 1, 2018
Managing Employee Benefits in The Face of Technological Change
September 1, 2017
Events & Speaking
Cybersecurity and ERISA Retirement Plans: Risks and Best Practices for Plan Sponsors and Fiduciaries
Strafford
Webinar
Algorithmic Decision-Making in the Workplace (NYC): Ensuring Compliance and Enhancing Inclusiveness & Diversity in 2023
Mintz & Association of Corporate Counsel - New York Chapter
Cryptocurrency in Employee Benefits and Executive Compensation Arrangements
A live 90-minute premium CLE video webinar with interactive Q&A
Strafford Webinar
DOL Cybersecurity Best Practices – Are You and Your Service Providers Secure and Audit Ready?
Worldwide Employee Benefits Network
Webinar
Cybersecurity Risks and Best Practices for Retirement Plans: Employee Benefits Tax Series
Employee Benefits Committee of the D.C. Bar Taxation Community
Webinar
Challenges to the Future of Remote Work: Cybersecurity & Cloud Infrastructure
Banking and Financial Services Committee of the French American Chamber of Commerce New York
Webinar
Cybersecurity and ERISA Retirement Plans: Risks and Best Practices for Plan Sponsors and Fiduciaries
Strafford
Webinar
Women, Financial Wellness, and Retirement: How Employer-Sponsored Programs Can Increase Awareness and Improve Outcomes
Prudential
Webinar
How Technology Is Affecting the Law, the Cybersecurity of the Nation, and Individual Privacy
United States Military Academy West Point
Is Your Plan Data Secure? Best Practices for 2020
Worldwide Employee Benefits Network (WEB)
New York, NY
Workplace Benefits Renaissance 2018: Legislative Updates – Tax Reform, Health Reform, More
Employee Benefit Adviser's Workplace Benefits Renaissance
Atlantic City, NJ
The Department of Labor’s New Fiduciary Duty Rule: How Your Business Must Change – Wrap Up and Open Forum
the IA Watch and BD Watch conference
The Harvard Club
Workplace Benefits Renaissance: Driving the Future of Workplace Benefits – Keynote Roundtable
Employee Benefit Adviser and Employee Benefit News
Borgata Hotel Casino & Spa
New Jersey Technology Council 2015 Annual Meeting
New Jersey Technology Council
Forsgate Country Club
Attracting/Retaining Employees and Managing Workforce Risk in the 21st Century
New Jersey Technology Council 2014 Annual Meeting
Forsgate Country Club
UK-US Future Cities Knowledge Exchange Project: Remaking Cities
UK-US Future Cities Knowledge Exchange Project
New York, NY
What Are the Tax Considerations of Same-Sex Spouses Now That They Are Treated as Married for Federal Tax Purposes?
New York City Bar Town Hall Meeting
New York, NY
ACA Health Plan Compliance: New Employer Mandate, Plan Documentation and Requirements, Fiduciary Responsibilities
Stafford Publications
Online Event
Changes in Health Care and the Affordable Care Act 2014: An FACC Roundtable
French-American Chamber of Commerce
New York, NY
The Affordable Care Act and Its Impact on Employers and Their Group Health Plans
New Jersey Technology Council 2013 Annual Meeting
New Jersey
Employee Benefits and Compensation Law Basics for the Non-ERISA Attorney
The New York City Bar's Committee on Employee Benefits and Executive Compensation
New York, NY
Publications
- Author, "Providing Enhanced Communications Regarding Eligible Rollover Distributions Beyond the Minimum Required Explanations," Journal of Pension Benefits (Spring 2024)
- Author, "Navigating the Cryptic Waters of Cybersecurity for Protecting Employee Benefit Plan Data and Adhering to Comprehensive Cybersecurity Policies and Procedures to Mitigate Risk," New York University Review of Employee Benefits and Executive Compensation (October 2023).
- Author, "Retirement Savings Lost and Found—Where is the Money?," Journal of Pension Benefits (Summer 2023).
- Author, "Fiduciary Considerations for Cryptocurrency Investments in 401(k) Plans," Journal of Pension Benefits (Winter 2023).
- Author, "Maintaining Plan Documents and Procedures for Retirement Plan Required Minimum Distributions," Journal of Pension Benefits (Summer 2022).
- Author, "Improving the Process to Distribute Retirement Benefits Pursuant to a QDRO," Journal of Pension Benefits (Winter 2022).
- Author, "Plan Distribution Disclosures and Enhanced Communications," Journal of Pension Benefits (Summer 2021).
- Author, "To Escheat or Not to Escheat, Considerations When No One Responds," Journal of Pension Benefits (Spring 2021).
- Author, "Cybersecurity Considerations for Plan Distribution Administration," Journal of Pension Benefits (Winter 2021).
- Author, "Administering Retirement Plans Through a Disaster," Journal of Pension Benefits (Autumn 2020).
Recognition & Awards
Featured in Best Lawyers in America, Employee Benefits & ERISA Law, Employment Law (2024 - 2025)
Fellow in the American College of Employee Benefits Counsel (ACEBC) (2022)
Chambers USA: New York – Employee Benefits & Executive Compensation, Up and Coming (2022-2024)
Recognized by The Legal 500 United States (2013, 2014, 2016–2023)
Included on the New York Metro Super Lawyers list (2014–2024)
Selected for the New York Metro Top Women list (2014–2020)
Peter W. Rodino, Jr. Society, Seton Hall University School of Law, Excellence in Achievement Award (2012)
Included on the New York Metro Rising Stars list (2011)
Included on the New Jersey Rising Stars list (2009)
Phi Beta Kappa
Involvement
- Member, American Bar Association
- Member, American Health Lawyers Association
- Vice President, Board of Trustees, The First American Inn of Transactional Counsel (American Inns of Court)
- Member, The Global Leaders
- Member, National Association of Professional Women
- Member, National Association of Women Lawyers
- Member and past Steering Committee Member, New Jersey Chapter of the Worldwide Employee Benefits Network
- Member, past Advisory Board Member, and former NJTC Technology Ambassador, New Jersey Technology Council
- Founding Member, The Womensphere Global Network
- Member, Alumni Council, Seton Hall University School of Law