Mark A. Daniele

Partner

Four Gateway Center
100 Mulberry St.
Newark, NJ 07102
mdaniele@mccarter.com

Mr. Daniele is the immediate past Practice Group Leader for the firm’s Tax, Employee Benefits and Private Clients Group and was a member of the firm’s Executive Committee from 2012 to 2019. He is currently a member of the firm’s Finance Committee. Proficient in employee benefits and executive compensation matters, Mr. Daniele focuses on advising clients with respect to the design, interpretation and regulatory compliance of retirement benefit plans such as pension, profit sharing, 401(k), 403(b) and employee stock ownership plans (ESOPs); welfare benefit plans such as health, life, severance and retiree medical plans, and fringe benefit plans including section 125 cafeteria, tuition reimbursement and dependent care plans and non-qualified plans, such as deferred compensation plans, SERPs, excess benefit plans and related rabbi trusts.

Mr. Daniele advises clients on the design and implementation of various incentive compensation plans, including qualified and non-qualified stock option plans, and other equity based award plans. He counsels on tax and ERISA issues regarding pension and welfare benefit plans in connection with domestic and international acquisitions, dispositions and mergers. He also advises benefits committees and boards of directors on fiduciary and plan governance issues with respect to ERISA plans. He advises bankruptcy trustees on ERISA and employee benefits issues. He served as special employee benefits counsel to the 1114 Retiree Committee in In re Nortel Network, Inc. et al.

Mr. Daniele has been recognized in Band 1 of Chambers USA from 2006-2019. He has also been named to New Jersey’s Best Lawyers, recognized as a New Jersey Super Lawyer, and listed in the 2007-2020 editions of The Best Lawyers in America, in which he has also been named the Best Lawyers' 2015 Newark "Lawyer of the Year" for Employee Benefits (ERISA) Law. Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters. Best Lawyers is published by Best Lawyers in partnership with US News and World Report. Martindale-Hubbell is published by Internet Brands, Inc. A description of their selection process can be found in the respective links above. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Education

  • LL.M., New York University School of Law, 1987
  • J.D., Villanova University Charles Widger School of Law, 1982, Member, Law Review
  • B.S., Wharton School of the University of Pennsylvania, cum laude, 1977

Bar Admissions

New Jersey, Pennsylvania