This article originally appeared in the August 15 issue of The State Journal:

Most days, Lesley Russo spends a lot of time checking for the latest news about employee benefits and executive compensation.

Normally, she receives several updates each day.

“It’s constantly changing,” she said.  “I receive daily updates.  Not a week goes by when there aren’t changes (to the law).”

Russo is the lead attorney for a team of five benefits and compensation lawyers at Bowles Rice McDavid Graff & Love LLP in Charleston.  It is an area of the law that most attorneys tend to avoid Russo said.

“The complexity of it leads to … not a lot of practitioners going into it,” she said.  “There really are not very many lawyers in West Virginia who have developed the expertise.”

Building an Effective Team

Russo’s team consists of Erin C.V. Bailey, Lynn S. Clarke, Jill E. Hall and Melody A. Simpson.   Russo, Clarke and Simpson are graduates are the Harvard Law School.  The high-quality team can compete with any benefits and compensation attorneys in the country, said Tom Heywood, managing partner.

“We have three lawyers from Harvard law School, and the other members are equally talented and accomplished,” he said.  “I would put them up against any team in the world.”

Bowles Rice routinely works as local counsel with law firms based in places like New York City, Heywood said.  In this area of law, Russo’s team often takes the lead.

Heywood credits Russo with the team’s success.

“She’s a very effective leader,” he said.  “(The team) works well with each other.”

Any growth in the team will be slow and steady, Russo said.

“We’ll add at least one more next year,” she said.  “… This is an area that needs slow growth – one or two each year.”

The reason for the slower pace is because of the way in which new attorneys must be mentored, Russo said.  Only after working under the other attorneys in the group do they become ready to work more independently.  However, each lawyer continues to work as part of the team.

That is how Russo learned, she said.  She first was exposed to benefits and compensation law while working for a Boston law firm just after earning her degree.  The other members of the team had experience in specific areas of benefits law.

“In its current form, (the team) has existed for five or six years,” Heywood said.  “… It’s complex work that’s done on a team basis.”

Growing Area

Although relatively few attorneys practice compensation and benefits law, it is a growing area, Russo said. Much of the reason is because of recent scandals such as Enron and World-Com.

“We’re seeing the federal government make sure (companies) are safeguarding retirement plans,” she said.  “There are a few bad apples out there, and the requirements are flowing down.  I don’t see it stopping.”

Compensation and benefits law is an important area for businesses of all sizes and to government entities, Russo said.

“Benefits are 30 or 40 percent of payroll costs today,” she said.  “That’s huge.”

Employers who do not meet the fast-changing requirements could leave themselves open to more taxation, or litigation, Russo said.

Most of the laws governing compensation and benefits are federal, she said.

“A lot of it has to do with (Employee Retirement Income Security Act of 1974) and health plans,” Russo said.  “… State laws do not apply with some exceptions.”

Health care is one of the key areas of compensation and benefits law today, primarily because of the escalating costs, she said.

And it’s not just business that is affected, Russo said.  Governmental entities, such as school boards, also are impacted by the ever-changing laws.

Keeping Pace

Keeping abreast of the changes in compensation and benefits law is only part of the challenge for Russo’s team.  Another part is informing clients about how those changes will impact them.  To help with that task, the firm publishes The Benefits Brief, a quarterly e-newsletter outlining changes.

“We stay very busy,” Russo said.  “We have existing firm clients who we call.  They have (human resources) departments that know what these changes could mean.”

They also spend time making sure that other business attorneys in the firm are aware of important changes to the law, she said.

Technology makes the job of keeping up with all of the changes in this complex area of law much easier, Russo said.

“It’s a full-time job to keep up with the changes,” she said.  “I’m thankful for technology.  I can get daily updates on specific areas.”

“Expanding the team next year will add to the firm’s capacity to serve clients, Heywood said.

“We committed years ago to attracting and retaining the best talent,” he said.  “That’s going to be more critical in the future.  It’s all about attracting and retaining.”

“We’re seeing the federal government make sure (companies) are safeguarding retirement plans.  There are a few bad apples out there, and the requirements are flowing down.  I don’t see it stopping.”   - Lesley Russo, Bowles Rice McDavid Graff & Love LLP