Michael F. Tomasek

Of Counsel

[email protected]

Phone: (815) 390-5141

Mobile: (312) 533-1809

Fax: (312) 360-6520

Integrity in all that we do; Caring for our clients and each other; Effectiveness as we consistently strive for excellence in our practice; Teamwork because when we work together, we better serve our clients; and Commitment to our clients, our work and each other. This is what the core values of Freeborn & Peters mean to its Employee Benefits and Executive Compensation Practice.

About

About

Mike Tomasek serves in an Of Counsel capacity for the Corporate Practice Group.

Mike concentrates in matters involving employee benefit plans and other arrangements, including executive compensation arrangements, qualified retirement plans, health and welfare plans, employment agreements, equity-based arrangements, consulting agreements and severance arrangements.

Mike assists clients with employee benefit matters that arise during corporate mergers and acquisitions and disputes. He also counsels clients in the resolution of complex legal issues relating to employee benefit plans and matters where employment laws and employee benefit issues overlap.

Some of the matters in which he has assisted clients include the following substantive areas:

  • Tax treatment
  • ERISA reporting and disclosure rules
  • Multi-employer plan withdrawal liability
  • Employee Stock Ownership Plans
  • Corporate governance
  • Stock and restricted stock awards
  • Stock option arrangements
  • Phantom equity awards
  • Change in control agreements
  • Employment Agreements
  • Bonus arrangements
  • Restrictive Covenant, e.g., non-solicit and non-compete enforcement
  • Executive Severance
  • Securities law issues
  • Prohibited transaction issues
  • Retirement plan investment issues
  • Disability benefit disputes
  • ERISA litigation
  • ERISA fiduciary rules
  • Medicare
  • Retirement plan qualification rules
  • Non-qualified deferred compensation rules
  • Executive compensation and benefits
  • Health reform legislation
  • Patient Protection and Affordable Care Act
  • Health Care and Education Reconciliation Act
  • Health and welfare benefit funding matters
  • Health Insurance Portability and Accountability Act
  • Mental Health Parity requirements
  • Newborns’ and Mothers’ Health Protection Act
  • Women’s Health and Cancer Rights Act
  • Cafeteria Plan Rules
  • COBRA
  • Americans with Disabilities Act
  • Family and Medical Leave Act
  • Statutes and regulations relating to veterans’ reemployment rights
  • Vendor contracting and disputes

Representative Matters

Representative Matters

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

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

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

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

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

  • 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.

Honors & Awards

Honors & Awards

  • Illinois Super Lawyers – 2015 (cited in multiple years)

Professional Activities

Professional Activities

  • American Bar Association 
  • Chicago Bar Association  Chair, Chicago Bar Association Employee Benefits Committee, 2001-2002
  • U.S. Department of Labor Advisory Council on Employee Welfare and Pension Benefit Plans (ERISA Advisory Council), 2009-2011

Teaching Experience

  • Former Adjunct Professor, Graduate Employee Benefits Law Program, John Marshall Law School

Perspectives

Perspectives

News

Insights

Events

Media

Media

Publications

  • Author, “ERISA Fiduciaries and the Attorney-Client Privilege,” Professional Perspectives.
  • Author, “Are Plant-Shutdown Pension Benefits Protected?”  Illinois Bar Journal.