Corporate

Employee Benefits and Executive Compensation

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Attorneys

Representative Matters

  • Advised an employer regarding implementation of a phantom stock arrangement for its key personnel and prepared documentation and participated in educational meetings regarding the same.

  • Advised client regarding simultaneous IRS and Department of Labor audits, including working closely with the IRS and Department of Labor to resolve multiple plan qualification and ERISA issues.

  • Advised key personnel in matters related to dissolution of partnership.

  • Assisted LLC in developing equity-based compensation programs for various executive levels.

  • Assisted S corporation in corporate governance, tax, ERISA, securities and other matters related to operation of its business and ESOP.

  • Advised client regarding Code Section 409A and 280G aspects of sale bonus arrangement and prepared relevant documents.

  • Advised significant public company in all aspects of its executive compensation program, including defined benefit and defined contribution supplemental retirement plans, executive health benefits, executive life insurance coverage, including split dollar arrangements and disability coverages.

  • Advised an executive on the employment contract and benefits for a C-level position.

  • Advised client and developed an equity based incentive compensation plan.

  • Provided counsel to major publicly held company regarding compensation committee duties associated with Dodd-Frank’s independent advisor rules.

  • Advised sellers in stock transaction on various Code Section 280G golden parachute excise tax issues and prepared amendments to the existing incentive compensation plans to comply with Code Section 409A.

  • Guide client through IRS plan correction process for mistakes involving plan administration, as well as plan documentation. Prepare required filing and communicate with IRS to receive a favorable result.

  • Handled matters related to executive’s departure from organization including severance and non-solicitation and non-compete issues.

  • Advised a manufacturing company regarding liability issues and assisted it with the distress termination of multiple defined benefit pension plans.

  • Represented significant multiple employer plan sponsor with merging several retirement plans.

  • Represented a large public company in all aspects of its health and welfare benefit program, including design, document preparation, contract negotiation, claims issues and ongoing compliance concerns.

  • Represented a major third-party administrator in matters related to the bankruptcy, liquidation and termination of the plans of one of its significant clients.

  • Restructured funded active and retiree health and welfare arrangements to ensure minimal ACA impact, including establishing a new plan and VEBA.

  • Successfully assisted client in defense of lawsuit involving ERISA benefit claims, breach of fiduciary duty and theories of equitable recovery including surcharge.

  • Advised a trustee of a liquidating business regarding tax and ERISA aspects related to terminating multiple defined benefit and defined contribution plans, including complex issues related to benefit distributions.