Mark R. Kossow helps clients analyze, consider and navigate the benefits of an Employee Stock Ownership Plan (ESOP) as a business succession tool and employee incentive strategy. Mark advises corporations, shareholders, directors, banks and trustees on ESOP-related issues, consisting of both transactional and non-transactional matters. Mark’s transactional experience includes representing clients in leveraged and non-leveraged ESOP transactions, such as stock purchases, leveraged buyouts, mergers, acquisitions and corporate reorganizations. Mark also has experience representing both private and public ESOP companies.
Mark’s non-transactional ESOP experience includes advising companies with regard to corporate governance issues, succession planning, ESOP plan design and compliance, and ERISA fiduciary issues. Moreover, Mark represents clients in IRS and U.S. Department of Labor audits, as well as various correction programs (including EPCRS and VFCP) offered through these agencies.
Mark also counsels clients with the design and implementation of non-qualified deferred compensation plans. These plans include performance and retention based stock appreciation rights plans, phantom stock plans, stock option plans, and restricted stock plans.
Mark frequently speaks at ESOP conferences and regularly presents on the fundamentals of ESOPs to business owners. Mark has also published various articles on ESOPs.
In addition to Mark’s ESOP practice, he also has experience with other qualified retirement plans. Mark utilizes this expertise in the context of negotiating stock and asset purchases and mergers. Moreover, Mark represents clients in compliance and correction matters.
Mark received his Bachelor of Business Administration, with distinction, from the University of Michigan – Stephen M. Ross School of Business, a J.D., cum laude, from Albany Law School, and a LL.M. (taxation) from the New York University School of Law.
Mark is a member of The ESOP Association and the National Center for Employee Ownership (NCEO). Mark is admitted to practice in New Jersey, New York and Pennsylvania.
Professional And Community Involvement
- Regional Vice President – Downstate and New Jersey at the New York / New Jersey Chapter of The ESOP Association
Awards And Recognition
- Best Lawyers in America (Tax Law)
- SJ Top Attorneys 2016 – Pension & Profit Sharing (South Jersey Magazine)
- Advisory: “Does Tax Reform Inadvertently Impose Excise Taxes on S Corp ESOPs?”
- Advisory: “Will Trump Administration Extend Favorable Tax Treatment For ESOP Transactions To S Corporations?”
- The ESOP Podcast Episode 21 – ESOP 101: What, Why, and How, February 13, 2018.
- Legal, Valuation & Planning Considerations for S Corporation ESOPs, ESOP Association Multi-State ESOP Conference, Scranton, PA, September 19, 2013.
- Legal Issues for S Corporation ESOPs, National Center for Employee Ownership, Arlington Heights, IL, October 18, 2011.
- S Corporation ESOPs – Legal Issues, National Center for Employee Ownership, webinar, October 4, 2011.
- ESOPs 101 (What / Why / How), webinar series, July 14, 2011 and March 17, 2011.
- Introduction to ESOPs, International Society of Primerus Law Firms, webinar, October 6, 2010.
- ESOP Fiduciary Issues, ESOP Association Multi-State ESOP Conference, Scranton, PA, September 15, 2010.