Stacy Hooper
Partner
Overview
Stacy Hooper helps employers navigate the complex legal and business challenges that arise when designing and maintaining employee benefits programs. She advises clients ranging from small businesses to public companies on employee benefits and executive compensation matters, with particular experience serving healthcare systems, physician organizations, healthcare technology companies and retail employers.
A significant portion of Stacy's practice is devoted to health and welfare plans. She helps employers navigate Employee Retirement Income Security Act (ERISA) compliance, Affordable Care Act requirements (including resolving "employer mandate" or ESRP penalties), mental health parity obligations, as well as Health Insurance Affordability and Accountability Act (HIPAA) and COBRA issues. Her experience also includes advising on various spending accounts (including HSAs, FSAs, HRAs, ICHRAs and QSEHRAs), wellness and voluntary benefit programs, as well as multiple employer welfare arrangements (MEWAs).
Stacy also advises on retirement plans, employee stock ownership plans (ESOPs) and executive compensation arrangements. She counsels employers on fiduciary compliance and plan governance, helps resolve operational and compliance issues, and guides clients through U.S. Department of Labor and IRS audits, inquiries and investigations.
In addition, Stacy advises on employee benefits and executive compensation matters in acquisitions and divestitures, including mergers and acquisitions (M&A) due diligence and the transition and integration of health and retirement plans. Working closely with the Firm's corporate, tax, employment and healthcare teams, she helps clients navigate multidisciplinary issues and align benefits strategy with broader workforce and business objectives
Representative Experience
- Successfully resolved several multimillion-dollar Affordable Care Act employer shared responsibility (ESRP) penalties, including an approximately $70 million penalty for a Fortune 500 Global manufacturing company and an approximately $32 million penalty for an international facilities management company
- Reduced or eliminated IRS penalties on behalf of multiple clients with respect to Affordable Care Act filing issues
- Advised regarding the Employee Retirement Income Security Act (ERISA) fiduciary implications of restructuring a complex group healthcare purchasing arrangement
- Successfully guided an employee stock ownership plan (ESOP)-owned client through an on-site IRS audit
- Assisted with the successful defense of mental health parity litigation for a Fortune 500 client
- Negotiate and advise on complex employee benefits diligence and integration matters for mergers, acquisitions, spinoffs and divestitures
- Frequently conduct controlled group and affiliated service group analyses to determine appropriate benefit plan structure, with particular experience structuring arrangements for physician groups and management services organizations (MSOs)
- Regularly counsel with respect to the compliance obligations of fully insured multiple employer welfare arrangements (MEWAs)
- Counsel client human resources and benefits teams regarding ERISA fiduciary and Health Insurance Portability and Accountability Act (HIPAA) compliance responsibilities
Credentials
- Harvard Law School, J.D.
- Vanderbilt University, B.A., summa cum laude
- Georgia
- Tennessee
- The Best Lawyers in America guide, Health Care Law, 2025-2027; Employee Benefits (ERISA) Law, 2027
- The Best Lawyers in America guide, Ones to Watch, Employee Benefits (ERISA) Law, 2023