John M. Harras

Counsel
John M. Harras

John M. Harras works with companies to resolve complex employee benefit and executive compensation issues. Specifically, John counsels clients on compliance with the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and relevant labor laws.  He consults clients on the proper design, implementation, and administration of employee benefit plans. He has significant experience advising clients on matters concerning Taft-Hartley multiemployer benefit plans, including withdrawal liability under the Multiemployer Pension Plan Amendment Act (MPPAA). John also ensures that corporate transactions, such as mergers and asset sales, are structured to avoid any employee benefits issues. 

John also advises employee benefit plan sponsors on correcting plan operation and plan document errors pursuant to the Internal Revenue Service Employee Plans Compliance Resolution System.  He also represents clients during audits of their employee benefits plans by the United States Department of Labor and the Internal Revenue Service.  He also provides clients with guidance on responding to audits by multiemployer benefit funds. He defends employers from claims of alleged violations of ERISA, the Internal Revenue Code, and other applicable laws, including alleged breaches of fiduciary duty, assessments of withdrawal liability, and findings of delinquent contributions owed to multiemployer plans.

John also helps clients navigate the risks associated with successor, alter ego, or single employer liability that might arise from corporate transactions or the structure of an employer's labor-management relations.  He also provides guidance on employee benefits compliance for employers working on construction projects subject to prevailing wage laws, such as Article 8 of the New York Labor Law and the Davis-Bacon Act.

Experience

Representative Matters

  • Advised American Industrial Partners, a private equity firm, on the labor and ERISA multiemployer plan aspects of its $1.5 billion acquisition of International Paper Co.'s global cellulose fiber business
  • Negotiated exemption from multi-million-dollar assessment of ERISA withdrawal liability for a middle-market carpentry contractor
  • Advised a middle-market masonry company on ERISA multiemployer plan matters arising from its sale to a large building services company
  • Advised a nonprofit company on employee benefits matters, including mitigation of ERISA withdrawal liability risk, arising from its sale of a large, unionized nursing and rehabilitation center to a for-profit entity
  • Advised various companies in construction, retail food, and logistics industries on strategies for restructuring operations without incurring ERISA withdrawal liability
  • Defended various employers from allegations of delinquent contributions owed to an ERISA multiemployer fund, including Local 32BJ Benefit Funds
  • Represented a large hotel in collective bargaining negotiations and grievance/arbitration proceedings with the NY/NJ Hotel and Gaming Trades Council

Insights

Credentials
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Education

  • J.D. cum laude St. John's University School of Law 2015
    • Member, St. John's Law Review
  • B.A. cum laude College of William & Mary 2010

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Bankruptcy Court for the Eastern District of New York
  • U.S. Bankruptcy Court for the Southern District of New York
  • U.S. Bankruptcy Court for the District of New Jersey

Professional Memberships and Activities

  • New York City Bar Association
    • Member, Employee Benefits and Executive Compensation Committee
      • Member, Tax-Qualified Plans/Governmental/Not for Profit/Multiemployer Plans Subcommittee
    • Member, Labor & Employment Committee
  • Federal Bar Association
    • Member, Government Relations Committee