Casey K. Fleming

Partner

Overview

Casey K. Fleming is a partner at Foley & Lardner LLP where she focuses her practice on employee benefits and executive compensation. Ms. Fleming’s employee benefits work includes advising private and public employers on the issues that affect retirement plans, health and welfare benefit plans, non-qualified deferred compensation plans, executive compensation and severance arrangements, and employment agreements.

Retirement Plans

Ms. Fleming’s work with qualified retirement plans includes assisting clients with the design and implementation of 401(k) plans, profit sharing plans, employee stock ownership plans (ESOPs), pension plans, and 403(b) plans. Ms. Fleming also frequently advises clients about compliance with Employee Retirement Income Security Act (ERISA) rules, Internal Revenue Code (Code) rules, the Internal Revenue Service’s and Department of Labor’s formal and informal correction programs, and tax consequences of contributions to and distributions from employer-sponsored retirement plans.

Health and Welfare Work

Ms. Fleming’s work with self-insured and fully-insured health and welfare plans and wellness programs include assisting clients with issues involving the Affordable Care Act, ERISA, COBRA, the Health Information Portability and Accountability Act (HIPAA), the Code, and other applicable state and federal laws.

Executive Compensation Work

Ms. Fleming’s work in the executive compensation area includes assisting clients with the design and implementation of equity incentive plans, employee stock purchase plans, non-qualified deferred compensation plans, and employment agreements. Ms. Fleming also regularly advises clients on the application of applicable tax rules, including Code section 409A.

M&A Support

In addition to her traditional employee benefits work, Ms. Fleming frequently works with members of the firm’s Transactional & Securities and Private Equity & Venture Capital Practices to advise clients on employee benefits and executive compensation issues arising in mergers and acquisitions.

Ms. Fleming is a member of the firm’s Business Law Department, Employee Benefits & Executive Compensation Practice, and Labor & Employment Practice. She also serves as the chair of the firm’s Associates Committee.

Publications

Ms. Fleming is an active contributor to Foley’s Legal News Alert: Employee Benefits and frequent speaker on Foley’s Employee Benefits Broadcasts, which report on recent developments in employee benefits and ERISA law.

Community Engagement

Ms. Fleming is a member of the board of directors of Centro Legal, a non-profit legal services organization which provides important resources for families and survivors of domestic abuse in the Milwaukee Community.

Ms. Fleming also contributes significant pro bono hours each year to the Milwaukee and Wisconsin communities through her participation in the Wills for Heroes program and other pro bono opportunities.

Recognition

Ms. Fleming was honored in 2016 as one of the Milwaukee Business Journal’s 40 under 40 award recipients.

Education

Ms. Fleming earned her law degree, magna cum laude, from Washington and Lee University School of Law. While in law school, she was involved with the Community Legal Practice Center, a clinic which provides free legal representation to indigent clients. Ms. Fleming earned a Bachelor of Arts degree from Sweet Briar College where she graduated as the Valedictorian of her class.

Ms. Fleming also completed Future Milwaukee, a leadership training and community involvement program offered through Marquette University in Milwaukee.

Admissions and Professional Memberships

Ms. Fleming is admitted to practice in Wisconsin and is a member of the American Bar Association, Wisconsin Bar Association and Milwaukee Bar Association.

Representative Matters

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Equity sale of clinical research organization with focus on drug and drug device development for life science companies.
Reviewed participant disclosure material for compliance with Department of Labor's final fee disclosure regulations and negotiated changes with third party administrator on behalf of a manufacturing employer.
Represented a large manufacturing client and responded to a claim by the participant's authorized representative under a self-insured group health plan regarding the adequacy of the plan's adverse benefit determinations, calculation of "reasonable and customary" charges, claims and appeals filing deadlines, and internal limitations period.

Insights