Benjamin H. Asch

Associate

ben-asch
  • JD, Public Interest and Pro Bono Honors, University of California, Berkeley, School of Law, 2015; Submission Editor, Berkeley Business Law Journal
  • BA (History and Political Science), summa cum laude, Rutgers, The State University of New Jersey, 2011; Certificate in Professional and Business Writing

Qualifications

  • New York, 2016
  • New Jersey, 2015
  • American Bar Association
  • Service 2 School Foundation
  • National Eagle Scout Association

Benjamin H. Asch

Associate

Prior to joining the firm in 2019, Ben was an associate at a leading national law firm where he focused on all aspects of executive compensation, including public reporting and Section 409A of the Code, as well as employee benefits, including retirement plans and health and welfare arrangements. He advises institutions and executives on tax and benefits planning and compliance, both in an operational and transactional context. Fair warning, he is unbelievably passionate (and verbose) about multiple employer welfare arrangements

Although originally from New Jersey and currently in the firm’s New York office, Ben went to law school at UC-Berkeley, by way of six years in the United States Marine Corps. He recommends New Jersey for living, New York for working, California for vacationing and the Marine Corps for business travel. 

Experience

  • Represented a private employer in settlement and audits discussions related to alleged violations of the Affordable Care Act.*
  • Counseled numerous private equity sponsoring in evaluating, buying and selling potential portfolio companies on a global sale.*
  • Resolved payroll and employment law noncompliance allegations against foreign sovereign entities.*
  • Drafted opinion letters regarding U.S. state and federal tax and employment law for use by non-U.S. governmental authorities.*
  • Negotiated on behalf of internationally assigned, seconded, or transferred executives.*
  • Advised public clients on proxy filings, Section 16 compliance, and plan filings.*
  • Advised on the enforceability of restrictive covenants, bonus forfeitures, and “garden leave” provisions governing services provided in multiple domestic foreign jurisdictions.*
  • Advised public sector employees on employee benefit obligations and taxation.*
  • Consulted extensively on the interaction of ERISA and state law’s governing the practice of medicine, regulation of insurance and domestic support.*
  • Rehabilitated a nonqualified deferred compensation plan that had been out of compliance for over 30 years.*
  • Advised private clients on private placements, Rule 701 and blue sky filings.*
*Experience prior to joining Ropes & Gray

Publications

  • “Deals and Due Diligence in the #MeToo Era,” Law360 (January 29, 2018)
  • “Supreme Court Reaffirms ERISA’s Preemptive Effect as It Overturns State Health Care Law,” Lexology (March 30, 2016)
  • “IRS Provides Additional Guidance on Treatment of Same-Sex Marriages under Benefit Plans,” Lexology (December 23, 2015)
  • Co-author, "Qualified Retirement and Pension Benefits," Chapter 55, Successful Partnering Between Inside and Outside Counsel, ACC
  • JD, Public Interest and Pro Bono Honors, University of California, Berkeley, School of Law, 2015; Submission Editor, Berkeley Business Law Journal
  • BA (History and Political Science), summa cum laude, Rutgers, The State University of New Jersey, 2011; Certificate in Professional and Business Writing
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