Overview
Mark has collaborated with employers of all shapes and sizes, providing incisive counsel regarding the tax and employment implications on the design and ongoing maintenance of a wide array of employee benefit plans, primarily comprehensive health and welfare plans, cafeteria plans, 401(k) plans, and profit-sharing plans. Mr. Jane also counsels clients regarding the design of a diverse assortment of nonqualified deferred compensation plans for executives and highly compensated individuals. He has experience representing clients with respect to their benefit plans before various governmental agencies including the Internal Revenue Service and the Pension Benefit Guaranty Corporation.
Mr. Jane has represented employers and administrators regarding their benefit plans across a broad spectrum of industries, including automotive, retail, manufacturing, health care, governmental, and tribal. He has also provided assistance to nonprofit organizations regarding particularized benefit compliance obligations pertinent to tax-exempt entities, including 403(b) annuities and custodial accounts and 457(b) eligible deferred compensation plans.
Mark assists clients on a multitude of general employee benefits matters, including:
- Drafting and reviewing required plan documents, notices, and summaries
- Providing consultation regarding fiduciary duties inherent in managing Employee Retirement Income Security Act-governed (ERISA) plans or plans subject to state fiduciary or third-party administration law
- Walking welfare plan administrators through various Health Insurance Portability and Accountability Act (HIPAA) portability, Consolidated Omnibus Budget Reconciliation Act (COBRA), and Affordable Care Act (ACA) dilemmas to find workable solutions, for example:
- HIPAA portability: preparing special enrollment notices and instructing plan administrators on rules for proper notice distribution
- COBRA: consulting with small businesses over group health plan continuation coverage responsibilities and potential exemptions
- ACA: advising large employers on proper methods of counting full-time employees to assess employer shared responsibility compliance
- Correcting plan errors for tax and fiduciary compliance
- Analyzing and negotiating service provider contracts
Mark Jane is a Shareholder based in Butzel’s Ann Arbor office. Mr. Jane earned his juris doctor, cum laude, from Loyola University Chicago School of Law, and his Bachelor of Arts, with high distinction, from the University of Michigan in Ann Arbor. He has been recognized repeatedly by various respected legal publications for his work in the areas of labor and employment and ERISA litigation and Employee Benefits and Executive Compensation Law.
Primary Practice Areas
Credentials
Education
University of Michigan, B.A.
Loyola University of Chicago School of Law, J.D.
Admissions
- California
- Michigan
Memberships
- State Bar of Michigan - Representative Assembly, Washtenaw County (22nd Circuit)
- Washtenaw County Bar Association – former Member, President, Board of Directors; former Judiciary Committee Chair (two terms); former Community Liaison Committee Co-Chair; former New Lawyers Section Co-Chair
- State Bar of Michigan – Young Lawyers Section, Chair (2015-2016)
Awards & Recognitions
Awards & Recognitions
The Best Lawyers in America® - Litigation - ERISA, Litigation - Labor and Employment, 2025
Michigan Super Lawyers, Rising Star - Employee Benefits, 2009-2013, 2015-2020
Chambers USA: America's Leading Lawyers for Business - Associate to Watch, Employee Benefits & Executive Compensation 2016-2023
New Lawyers Section of the Washtenaw County Bar Association 2010 Outstanding Young Lawyer Award.
DBusiness Top Lawyers in Metro Detroit, Employee Benefits Law, 2011, 2019-2023, 2025