Jay A. Dorsch

Chair, Employee Benefits and Executive Compensation

Jay regularly represents clients in all aspects of employee benefits and executive compensation matters and related fiduciary and tax concerns.

Jay has extensive experience with qualified and non-qualified employee benefit plans as well as executive compensation. He represents clients before the IRS, the Department of Labor, and the Pension Benefit Guaranty Corporation. He has extensive experience handling retirement plans (401(k), profit sharing, 403(b), and defined benefit pension plans) and the employee benefits aspects of mergers and acquisitions, the fiduciary issues pertaining to plan assets, and other commercial transactions. Jay is equally experienced in handling the unique employee benefit requirements of non-profits and educational institutions. In addition, he has designed, drafted, and implemented all types of executive compensation arrangements, including deferred compensation plans, top hat plans, SERPS, and equity-based compensation plans. Jay advises clients on a regular basis regarding welfare benefit programs, including retiree medical benefits, self-insured programs, and cafeteria plans, to comply with the changing law in this area and to protect the client from unwanted claims and expenses. Additionally, he regularly advises clients on Sections 409A and 280G of the Internal Revenue Code. He also counsels in connection with retiree medical benefits issues and the resolution of disputed claims for welfare and retirement plan benefits.

Jay is also a fellow in the American College of Employee Benefits Counsel and is consistently recognized as a Super Lawyer by his peers. 

Jay earned his undergraduate degree from The Wharton School at the University of Pennsylvania (B.S. economics, cum laude, 1977), his law degree from Rutgers School of Law Newark (J.D., 1980), and his master of laws from New York University Law School (LL.M. taxation, 1984). 

Experience

News

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Cozen O’Connor Serves as U.S. Counsel to Cogne Acciai Speciali SpA on Definitive Agreement to Acquire Capital Stock of Mannesmann Stainless Tubes GmbH

March 05, 2024

Mannesmann has operations and operating plants throughout the United States as well as in Germany, France, and Italy. The transaction is valued at €135 million.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Represents Leger in Purchase of 360 Market Reach, Its First U.S. Acquisition

November 22, 2022

Cozen O’Connor represented Leger, the largest Canadian-owned market research and analytics company, in its acquisition of 360 Market Reach, an American market research company based in New York City.

Investindustrial’s Agreement to Purchase Majority Stake of Eataly S.p.A

October 17, 2022

Cozen O’Connor served as U.S. and Canadian counsel in Investindustrial’s acquisition of a majority stake in Eataly S.p.A., the global chain of upscale Italian marketplaces. A team led by M&A attorney and Italy Practice chair Christian Moretti conducted significant due diligence of more than 20 Eataly businesses in the United States and Canada, in collaboration with Deloitte Legal Italy and Studio Legale Chiomenti. For nearly two decades, Eataly has been operating high-quality Italian food markets and restaurant concepts in prestigious locations across the globe, including flagship stores in New York, Chicago, Los Angeles, Boston, Dallas, and Silicon Valley.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Serves as U.S. Counsel to the Owners of HEYDUDE® in Definitive Agreement on Its Sale to Crocs, Inc.

December 24, 2021

Cozen O’Connor acted as lead U.S. counsel to the owners of HEYDUDE®, a privately-owned casual footwear brand, in their definitive agreement to sell the companies comprising the HEYDUDE business to Crocs, Inc. (NASDAQ: CROX) for $2.5 billion. The consideration for the $2.5 billion acquisition will be $2.05 billion in cash and $450 million in Crocs shares.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

47 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 28, 2021

Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Advises Utz Brands, Inc. on Definitive Agreement to Acquire Truco Enterprises

November 12, 2020

The Cozen O’Connor team is led by Larry P. Laubach. The team includes Richard J. Silpe, Gregory P. Cunningham, Eli S. Wolfe, Lindsey Stillwell, J. Trevor Cloak, Jay A. Dorsch, and Robert S. Kaplan.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Fifty-Eight Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 05, 2020

Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.

Companies Slammed by Coronavirus Look to Cut Contributions to their Employees' 401(k)s

April 01, 2020

Jay Dorsch was quoted in USA Today discussing the impact of employee benefits with the COVID-19 pandemic.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Publications

Secure Act 2.0 [Alert]

February 23, 2023

SECURE Act 2.0 is one of the most significant pieces of retirement plan legislation in recent memory and contains new rules impacting every kind of retirement plan.

Department of Labor Proposes New Self-Correction Option for Retirement Plan Prohibited Transactions [Alert]

January 27, 2023

The U.S. Department of Labor has proposed an update to its voluntary fiduciary corrections program to allow fiduciaries to correct errors in retirement plans.

IRS Proposes to Permanently Allow Remote Witnessing of Spousal Consents [Alert]

January 18, 2023

On December 29, 2022, the IRS issued proposed regulations that would permanently allow retirement plans to accept remote participant elections and spousal consents.

IRS Issues Proposed Regulations for Tax on Nonprofit Executive Compensation [Alert]

June 10, 2020

Robert Kaplan and Jay Dorsch discuss the IRS's proposed rules regarding the 21 percent excise tax on compensation over $1 million and excess parachute payments paid by tax-exempt organizations to certain covered employees.

IRS Allows Greater Cafeteria Plan Flexibility During COVID-19 Crisis [Alert]

May 14, 2020

John Wilson, Jay Dorsch, Lynn Brehm, Robert Kaplan, and Matt Clyde discuss IRS Notice 2020-29 allowing employers to provide flexibility to employees to change their elections under cafeteria plans through December 31, 2020.

IRS Asserts No Statute of Limitations for ACA Violations; May Require New Record Retention Policies [Alert]

March 02, 2020

Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.

Year-End Spending Bill Includes Significant Employee Benefit Plan Changes

December 30, 2019

Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.

Industry Sectors

Education

  • Rutgers University School of Law—Newark, J.D., 1980
  • New York University School of Law, LL.M., 1984
  • University of Pennsylvania The Wharton School, B.S., cum laude, 1977

Awards & Honors

Selected to Pennsylvania Super Lawyers 2004-2024 lists. This award is conferred by Super Lawyers. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Fellow, American College of Employee Benefits Counsel

  • New Jersey
  • New York
  • Pennsylvania