Michael Romeo is a business attorney dedicated to navigating complex executive compensation and employee benefits issues. Michael provides comprehensive counsel to c-suite executives regarding the negotiation of employment, severance and transition agreements and associated compensation packages. Michael also advises and counsels clients on the design, compliance and administration of tax-qualified benefit plans, nonqualified deferred compensation plans and executive and equity compensation arrangements.

In addition to his experience in benefit plans, Michael advises employers and executives on executive compensation and equity-related matters that arise during significant corporate transactions such as initial public offerings (IPOs) and mergers and acquisitions (M&A). He also guides clients through compliance matters related to the Employment Retirement Income Security Act (ERISA).

Education

  • Villanova University Charles Widger School of Law (J.D.)
    • Jeffrey S. Moorad Sports Law Journal, Villanova University Charles Widger School of Law, Outside Articles Editor
  • Niagara University (B.S., magna cum laude)
    • Criminology

Bar Admission

  • Pennsylvania
  • New Jersey

Court Admissions

  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania

Recognition

  • Named one of Best Lawyers: Ones to Watch® in America in Employee Benefits (ERISA) Law, 2026
Publications
All Publications
DOL Rescinds 2022 Guidance Concerning Cryptocurrency Investments in 401(k) Plans
On May 28, 2025, the Department of Labor (DOL) rescinded its 2022 guidance that cautioned retirement plan fiduciaries to exercise “extreme care” in permitting cryptocurrency and other digital asset investments in retirement plans. This rescission signals the DOL will take a more neutral approach to such investments, but plan fiduciaries should continue to evaluate and monitor plan investment options in accordance with their general fiduciary duties under ERISA. Background on Prior Guidance In 2022, under the Biden administration, the DOL released guidance reminding plan fiduciaries that “fiduciaries must act solely in the financial interests of plan participants and adhere to an exacting standard of professional care” and advising plan fiduciaries to exercise “extreme care” before including a cryptocurrency option in a retirement
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Prohibited Transaction Pleading Standards To Receive Clarity From SCOTUS
Key Takeaways In October 2024, SCOTUS granted review of Cunningham v. Cornell University to provide guidance on certain pleading standards in ERISA litigation claims, with oral arguments scheduled for January 2025. Employee benefit plan sponsors can take steps now to mitigate litigation risk while SCOTUS considers the issues. ERISA Class Actions – A Growing Trend In recent years, a number of class action lawsuits have been filed against large employers and institutions, which generally assert theories related to breaches of fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA). More specifically, several of these cases are brought by participants in defined contribution plans, alleging that the plan engaged in a prohibited transaction by paying unreasonable recordkeeping costs in violation of applicable fiduciary
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