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Brian P. Goldstein


P 518-512-8701
F 518-242-7730


Brian P. Goldstein is a Principal in the Albany, New York, office of Jackson Lewis P.C. His practice spans from Alaska to Puerto Rico and all across the United States, and concentrates in the areas of executive compensation, employee benefits, and ERISA fiduciary counseling.

For over 25 years, Mr. Goldstein has been involved in the design and implementation of all types of pension, profit sharing, 401(k), employee stock ownership, stock-based compensation, nonqualified deferred compensation and tax-sheltered annuity plans, as well as various medical, vacation, severance, cafeteria, post-retirement and other health-and-welfare and fringe benefit plans. His practice has a particular focus on ESOPs, structuring ESOP transactions by public and private companies, and representing institutional and other ESOP fiduciaries in transaction and related compliance matters and controversies. Mr. Goldstein regularly represents clients before the IRS in connection with resolving defects with their qualified plans, and in IRS audits, DOL investigations and PBGC matters.

In the securities area, Mr. Goldstein has been involved in a number of registered offerings and private placements. He also has represented a number of registered investment advisors, broker/dealers and salespersons in a variety of capacities. Mr. Goldstein has limited his practice in the securities area to the ERISA and executive compensation side of securities matters. Mr. Goldstein regularly assists corporate counsel in establishing devices which may have anti-takeover effects.

Mr. Goldstein's client base varies widely, and includes large public companies, institutional plan fiduciaries, professional practices and small businesses. Mr. Goldstein serves as counsel to a number of bank trust departments across the nation, advising them on their ERISA fiduciary responsibilities and on qualified and nonqualified plan issues (including document preparation and operational issues). Mr. Goldstein has been active in many transactions throughout the nation involving conversions of savings banks from mutual to stock form, and the offering of their stock to the public. Mr. Goldstein is a frequent author and lecturer on the laws applicable to qualified and nonqualified retirement plans and on ERISA fiduciary responsibilities.

Honors and Recognitions

Best Lawyers Award Badge

Professional Associations and Activities

  • American Bar Association
  • American Society of Pension Actuaries
  • ESOP Association
  • National Center for Employee Ownership
  • New York State Bar Association
  • New York State Employee Benefits Conference, former Member of the Board of Directors, State and Local Level

See AllBrian P. Goldstein in the News

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August 15, 2019
Jackson Lewis

The Best Lawyers in America 2020 Honors Jackson Lewis Attorneys

August 15, 2019

WHITE PLAINS, NY (August 15, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce more than 210 attorneys throughout the firm’s locations have been recognized in the 2020 Edition of The Best Lawyers in America, a publication that has become universally regarded as a definitive... Read More

August 15, 2018
Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America© 2019

August 15, 2018

WHITE PLAINS, NY (August 15, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce more than 200 attorneys throughout the firm’s locations have been named to the 2019 Edition of The Best Lawyers in America©, a publication that has become universally regarded as a definitive guide to legal... Read More

August 15, 2017
Jackson Lewis

Best Lawyers in America© Honors Jackson Lewis Attorneys in Its 2018 Edition

August 15, 2017

WHITE PLAINS, NY (August 15, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce 193 attorneys, were recognized in the 2018 Edition of The Best Lawyers in America©, a publication that has become universally regarded as the definitive guide to legal excellence. The Best Lawyers lists are... Read More

Showing 1-3 of 4


See AllPublications

November 21, 2016

Tax Incentives for Employee Stock Ownership Plans

November 21, 2016

Tax incentive enacted by Congress to promote increased use of employee stock ownership plans include advantages for the sponsoring company and the participating employees. This article reviews some key incentives. Tax-Deferred Sales of Company Stock A shareholder of a “closely held” C corporation may sell company stock... Read More

November 21, 2016

An Introduction to Employee Ownership and Selling to an ESOP

November 21, 2016

Perhaps one of the most powerful tax and business succession planning tools available to shareholders of a closely held company is the ability to sell stock to a trust created pursuant to an employee stock ownership plan (“ESOP”) and defer or permanently avoid taxation on any gain resulting from the sale. An ESOP also can... Read More

November 21, 2016

Description and Purpose of an ESOP

November 21, 2016

An employee stock ownership plan (“ESOP”) is an employee benefit plan qualified for tax-favored treatment under the Internal Revenue Code of 1986, as amended (the “Code”). A plan is “qualified” if it complies with various participation, vesting, distribution, and other rules established by the Code.... Read More

See AllBlog Posts by Brian P. Goldstein

For Those with an Interest in Employee Stock Ownership Plans (ESOPs)
November 21, 2016

Jackson Lewis P.C. has a deep practice niche in employee stock ownership plans. We regularly assist our clients in structuring ESOP transactions and with related compliance matters, and in helping to further the success of our clients’ businesses by evolving an “employee ownership” culture using ESOPs. Read More

Equity and “Phantom” Equity Based Compensation for LLCs
October 28, 2015

Due to the popularity of limited liability companies (LLCs) as a form of business entity, we have been approached lately more than ever to structure equity and “phantom” equity based compensation for LLC businesses, including private equity firms and other businesses that embrace an employee ownership culture. Read More