Jay Fenster

office: White Plains

p: 914.948.1556


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  • LL.M. in Taxation, New York University School of Law, 1984
  • J.D., magna cum laude, Law Review, Fordham University School of Law, 1980
  • B.A., magna cum laude, Yeshiva University, 1976
  • Member, American Bar Association - Tax Section, Employee Benefits Subsection, 1981-present
  • Member, ESOP Association
  • 2013-2016 New York Super Lawyers - Employee Benefits/ERISA category

Jay Fenster


Jay Fenster focuses his practice on employee benefits and executive compensation matters. He has extensive experience in all types of pensions and qualified plans, including 401(k) plans and ESOPs, non-qualified deferred compensation, health and other welfare benefit plans, stock options, restricted stock and other equity compensation arrangements. He regularly counsels clients regarding ERISA fiduciary issues and employee benefits in mergers and acquisitions, and advises both companies and individuals with respect to employment agreements, bonus plans, and long term and short term incentive arrangements. He has represented multiple businesses and business owners in Internal Revenue Service and Department of Labor audits. His clients include a wide range of companies and executives.

Jay also has overall responsibility for the firm's ESOP practice which includes representation of ESOP sponsors and ESOP trustees as well as third-party administration of ESOPs. He has lectured extensively to professional groups on this topic and has vast experience in the design and implementation of ESOPs to deal with a broad range of business succession issues.

Jay is a popular speaker. He was a featured speaker on "ESOPs As A Corporate Tool" at a FAE Conference in New York City in 2007 sponsored by the NYSSCPA. He has spoken multiple times at Accountants Continuing Education (ACE) conferences in New York, has delivered a paper on compensation issues at the prestigious University of Southern California Law School Institute on Federal Taxation, and has lectured in Chicago at a seminar on Defined Contribution Plan Investment Options, sponsored by the Center for Business Intelligence. Jay co-authored "Compensation Committee Essentials", a book on executive compensation (Lexis Nexis 2005). His published articles include "Equity Trap," an article about stock option taxation that appeared in the Los Angeles Journal in January 2001, "Repricing Employee Stock Options in a Changing Market," an article he co-authored that appeared in the October/November 2000 issue of Alley Way (New York Law Journal) and "Naming IRA Beneficiaries That Cut Taxes," that appeared in the May 1996 issue of the AICPA's Journal of Accountancy.

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