Emily Rickard

Emily Rickard focuses her practice on executive compensation and employee benefits, and has devoted a substantial portion of her practice to assisting employers in implementing and maintaining employee stock ownership plans (ESOPs). She has represented companies, inside ESOP trustees, and outside ESOP trustees in buy-side and sell-side transactions, as well as in ongoing ESOP compliance matters. Read Emily Rickard's full bio.

Firm/Organization: McDermott Will & Emery

Blogs: Alcohol Law Advisor, Employee Benefits Blog, Tax Controversy 360

Latest Articles

Employee Benefits Blog

A New Day for the HRA

By Emily Rickard, Megan Mardy, Jacob Mattinson & Judith Wethall

July 30, 2019

The Departments of Labor, Treasury, and Health and Human Services have released final rules removing the prohibition on pairing HRAs with individual health policies. The final rules also allow certain HRAs and other account-based group health plans to qualify as limited excepted benefits. These rules are generally effective for plan years beginning on or after January 1, 2020. Access the full article.…

Employee Benefits Blog

ESOPs: What Not To Do (and If You Did, How to Correct It)

By Emily Rickard

April 16, 2019

In a presentation for the National Center for Employee Ownership (NCEO) Conference, Emily Rickard presented on ESOP plan design, operation and administration. She, along with the other presenters, identified ERISA compliance watchdogs including the plaintiff’s bar, Department of Treasury and Department of Labor, and what attracts their attention when it comes to audits. Emily also identified common mistakes employers make during the entire ESOP lifecycle (e.g. lack of employee communication, distribution strategy and planning) and…

Employee Benefits Blog

Court Puts Association Health Plans in Limbo

By Megan Mardy, Jacob Mattinson, Judith Wethall & Emily Rickard

April 9, 2019

On March 28, a District of Columbia federal court agreed with a New York-led challenge by a group of 11 states and the District of Columbia and found that the Department of Labor’s (DOL) 2018 association health plan (AHP) rule (the Final Rule): Is contrary to the Employee Retirement Income Security Act of 1974 (ERISA)’s text and purpose; and Circumvents the protections and standards of the Affordable Care Act (ACA). The decision, penned by Judge…

Employee Benefits Blog

Fridays With Benefits Webinar | Make Way For The HRA!

By Judith Wethall, Jacob Mattinson & Emily Rickard

December 4, 2018

Join us Friday, December 7 for our monthly Fridays With Benefits webinar. New proposed rules make the HRA an interesting option for employers beginning in 2020. Join McDermott lawyers for an interactive discussion regarding the “Integrated HRA” the “Excepted Benefit HRA” and the medical plan design opportunities they present. Join our lively 45-minute discussion while we tackle the following items: Can we really get out of the medical coverage game? How does the Integrated HRA…

Employee Benefits Blog

7 Tips to Avoid Compliance Missteps During Open Enrollment

By Megan Mardy, Jacob Mattinson & Emily Rickard

November 6, 2018

One of the busiest times of year for an employee benefits professional is open enrollment. It is a crucial and yet stressful time of year that typically results in numerous employee questions and complaints and is a time of year with high potential for both employer and employee mistakes. Despite the stress and potential for problems, open enrollment provides an opportunity for a company to set itself up for success for the following year. The…

Employee Benefits Blog

Paving the Way for More HRAs

By Megan Mardy, Erin Turley, Judith Wethall, Jacob Mattinson, Emily Rickard & Rick Stepanovic

November 1, 2018

President Trump signed an executive order last year directing the Secretaries of Labor, Treasury and Health and Human Services to consider proposing regulations to “increase the usability of HRAs.” This month, the collective departments issued proposed regulations containing changes to the prohibition on pairing HRAs with individual health policies, as well as other changes to the current HRA rules. Proposed effective date January 1, 2020; comments due December 28, 2018. Access the full article.…

Employee Benefits Blog

Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!

By Kevin Spencer & Emily Rickard

October 11, 2018

Tax reform made many structural changes to our tax system. Changes to Code Section 274, however, sent shudders through corporate America. As amended, Code Section 274 eliminated the 50 percent deduction for “entertainment” expenses that are related to business activities. Sadly, gone are the days of companies deducting the cost of box tickets to games for the local sport’s team. Gulp! But, in its haste, Congress left what constitutes entertainment expenses substantially undefined. Accordingly, a…

Tax Controversy 360

Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!

By Kevin Spencer & Emily Rickard

October 5, 2018

Employee Benefits Blog

ESOP Fiduciary Responsibility for Value Determination

By Emily Rickard

June 21, 2018

Emily Rickard presented “ESOP Fiduciary Responsibility for Value Determination” at the National Center for Employee Ownership National Conference addressing the fiduciary duties involved in the selection of an ESOP appraiser and the review of a valuation report. View the full presentation.…

Employee Benefits Blog

ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements

By Erin Turley, Allison Wilkerson, J. Christian Nemeth, Emily Rickard, Rick Stepanovic & McDermott Will & Emery

April 12, 2018

The US Department of Labor has taken the position that certain indemnification clauses are void against public policy under Section 410 of ERISA. This policy has been adopted by private plaintiff classes; as evident from a recent settlement, a policy that voids indemnity provisions can limit defense budgets, make settlements more likely and potentially create dangerous precedent for ESOPs. Access full article.…

Emily Rickard

A New Day for the HRA

ESOPs: What Not To Do (and If You Did, How to Correct It)

Court Puts Association Health Plans in Limbo

Fridays With Benefits Webinar | Make Way For The HRA!

7 Tips to Avoid Compliance Missteps During Open Enrollment

Paving the Way for More HRAs

Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!

Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!

ESOP Fiduciary Responsibility for Value Determination

ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements

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