Brigen Winters counsels employers, plan administrators, financial institutions, insurers, trade associations, and coalitions on retirement, health and welfare, tax, executive compensation, regulatory, and legislative matters.

Brigen helps clients achieve compliance and obtain favorable outcomes through amendments from Congress and regulatory guidance from the IRS and Departments of Treasury, Labor, and Health and Human Services. He counsels clients on all aspects of tax-qualified and individual retirement plans, including plan design and administration, tax and ERISA, and pension plan funding issues.

His practice also includes the full range of laws that affect the administration of health and welfare benefit plans, cafeteria plans, health reimbursement, health savings and flexible savings accounts, retiree medical plans, private exchanges, and health funding arrangements. He works extensively on health care reform compliance, reporting, product design, and public policy matters related to the Affordable Care Act and American Health Care Act.

Brigen also counsels clients regarding the design and administration of executive deferred compensation plans, equity and long-term incentive plans, rabbi trust, and other funding arrangements including the design and administration of nonqualified deferred compensation plans, supplemental executive retirement plans, change in control and severance arrangements, employment agreements, bonus plans, and equity awards in compliance with IRC Sections 409A, 162(m), 3121(v), 83, 280G, and 457A.

Brigen chairs Groom’s Policy and Legislative Practice, and is a frequent speaker and writer on issues in the health, retirement, executive compensation, and tax areas.

Previous Experience
  • Tax Counsel, Majority Staff, U.S. House Committee on Ways and Means
Professional Affiliations
  • Fellow, American College of Employee Benefits Counsel
  • American Benefits Council
Honors & Distinctions
  • Listed, The Best Lawyers in America, Employee Benefits (ERISA) Law (2021-2023)
  • Listed, The Legal 500 US, Employee Benefits & Executive Compensation (2007, 2011-2014)
  • Listed, The Legal 500 US, Healthcare (2015)
  • Health Care Reform Editorial Contributor, “Second Opinions,” Plan Sponsor Newsletter and Magazine