FacultyFaculty/Author Profile
Ira G. Bogner

Ira G. Bogner

Proskauer Rose LLP

New York, NY, USA


Ira G. Bogner is chair of the firm’s Tax Department and a member of the Employee Benefits & Executive Compensation Group. Ira represents a varied list of clients, including financial service companies, entertainment industry clients, and tax-exempt organizations, and also actively represents individual executives in executive compensation matters.

Areas of Concentration

Ira has provided guidance to clients on a wide variety of matters in the areas of employee benefits and executive compensation, including:

  • investment of plan assets
  • implementation of employee benefit plans
  • employee benefit issues in mergers and acquisitions
  • awarding of equity-based compensation
  • negotiation and drafting of employment agreements and severance arrangements
  • structuring, analyzing and maintaining investment funds that are suitable for plan investors

Ira counsels clients with respect to the tax, securities law disclosure, corporate governance, stock exchange and other requirements relevant to executive compensation arrangements. Ira also provides advice regarding equity arrangements, employment agreements, change in control agreements and all other types of executive compensation arrangements, including guidance regarding “409A,” “162m,” “457A,” and “280G.”

Ira frequently is called on to structure and analyze alternative investments for pension trusts and other exempt organizations. He also works with the firm’s corporate and real estate lawyers in structuring and maintaining investment funds that include participation by pension plans. Through his work in the investment fund area Ira has obtained substantial experience in applying the rules provided under the “plan asset” regulations, including the operation of venture capital operating companies and real estate operating companies. He has assisted in the formation of private equity, real estate, infrastructure and hedge funds, including “fund of funds.” Ira also has advised clients on both avoiding ERISA “plan asset” status and operating an investment fund in accordance with ERISA.

Thought Leadership

Ira has published a number of articles in publications such as The New York Law Journal, The New Jersey Law Journal, The Daily Deal, The Journal of Pension Planning and Compliance, Mergers and Acquisitions (The Monthly Tax Journal), The Journal of Taxation and Regulation of Financial Institutions, The Metropolitan Corporate Counsel, European Private Equity & Venture Capital Associations, The LPA Anatomised and Private Equity International and has been named to the Board of Advisors of the Journal of Taxation and Regulation of Financial Institutions. He also has lectured on topics such as the classification of workers, drafting employment agreements, equity alternatives for senior executives, investing IRA assets, the plan asset regulations, shareholder approval of equity plans, Code Section 409A, and key provisions for ERISA investors investing in a private equity fund.

Recognition

Ira has been recognized and ranked by various directories. US Legal 500 has carried the following comments: “Ira Bogner is ‘available, responsive and knowledgeable;” “Ira Bogner ‘provides a level of comfort with respect to business issues that is rare in the world of ERISA;” “Ira Bogner is the ‘go-to guy for fund sponsors needing help with ERISA.’"

Memberships

New York City Bar Association:

Employee Benefits and Executive Compensation Committee

ERISA Fiduciary Duties and Plan Investments Subcommittee

Awards & Recognition

Chambers USA: New York: Employee Benefits & Executive Compensation 2014-2016

Chambers USA: Nationwide: Employee Benefits & Executive Compensation 2016

The Legal 500 United States: International Tax 2016

The Legal 500 United States: Labor & Employment - Executive Compensation 2009, 2013-2016

The Legal 500 United States: Tax - Domestic Tax - East Coast 2014-2015

The Legal 500 United States: Tax - Employee Benefits 2008-2011

The Legal 500 United States: Investment Fund Formation - Private Equity Funds 2008-2009

The Legal 500 United States: Investment Fund Formation - Alternative/Hedge Funds 2009

The Legal 500 United States: Investment Fund Formation & Management 2008-2009

The Legal 500 United States: Corporate and Finance Edition 2007

Best Lawyers in America 2012-2017

Top 100 New York Super Lawyers 2010

New York Super Lawyers 2007-2016

Fellow, American Bar Foundation

Related Practices

Employee Benefits & Executive Compensation

Private Investment Funds

Tax

Hedge Funds

Financial Services

Private Equity Real Estate

Education

Fordham University School of Law, J.D., 1990

Brandeis University, B.A., 1987
cum laude

Admissions & Qualifications

New York

Connecticut

Ira G. Bogner is associated with the following items:
Web Segment  Web Segment The Launch – Establishing a Plan Assets Fund - ERISA Fiduciary Investment Basics 2017, Tuesday, March 21, 2017
Current Topics for Investment Managers of ERISA Plans - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
CHB Chapters  CHB Chapters The ERISA Basics - ERISA Fiduciary Investment Basics 2017, Tuesday, March 21, 2017
Order Denying Defendants’ Motion to Dismiss, Wildman v. American Century Services, LLC, No. 4:16-CV-00737-DGK (W.D. Mo. Feb. 27, 2017) - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
Current Topics for Investment Managers of ERISA Plans - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
Santomenno v. Transamerica Life Insurance Company, 2016 WL 2851289 (C.D. Cal. May 13, 2016) - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
Moreno v. Deutsche Bank Americas Holding Corp., 2016 WL 5957307 (S.D.N.Y. Oct. 13, 2016) - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
Consent Judgment and Order, Perez v. Roach, et al., No.16-cv-00120-RBW (D.D.C. July 18, 2016) - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
Complaint for ERISA Violations, Perez v. Roach, et al., No.16-cv-00120-RBW (D.D.C. Jan. 24, 2016) - Pension Plan Investments 2017: Current Perspectives, Wednesday, May 17, 2017
MP3 Audio  MP3 Audio The Launch – Establishing a Plan Assets Fund - The Launch – Establishing a Plan Assets Fund, Tuesday, March 21, 2017
Current Topics for Investment Managers of ERISA Plans - Current Topics for Investment Managers of ERISA Plans, Wednesday, May 17, 2017
Transcripts  Transcripts The Launch – Establishing a Plan Assets Fund - The Launch – Establishing a Plan Assets Fund, Tuesday, March 21, 2017
Current Topics for Investment Managers of ERISA Plans - Current Topics for Investment Managers of ERISA Plans, Wednesday, May 17, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg The Launch – Establishing a Plan Assets Fund - The Launch – Establishing a Plan Assets Fund, Tuesday, March 21, 2017
Current Topics for Investment Managers of ERISA Plans - Current Topics for Investment Managers of ERISA Plans, Wednesday, May 17, 2017
On-Demand Web Programs  On-Demand Web Programs ERISA Fiduciary Investment Basics 2017, Friday, March 24, 2017, New York, NY
Pension Plan Investments 2017: Current Perspectives, Tuesday, May 23, 2017, New York, NY
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