Our Employee Benefits and Executive Compensation attorneys assist our business clients with the design of benefits programs, regulatory compliance and dispute resolution. We also assist both purchasers and sellers of businesses with respect to benefits and compensation issues that arise in mergers, acquisitions and sales. Our attorneys design, develop and maintain retirement plans, such as IRC Section 401(k), 403(b), 457(b), 457(f), 409A (non-qualified deferred compensation), equity, stock option, phantom and other synthetic equity and employee stock ownership plans. We also provide counsel for employers with respect to insured and self-insured welfare benefit arrangements, stop loss insurance contracts, fringe benefits, including cafeteria/flexible benefit plans, summary plan descriptions, retiree benefits and health care provider service agreements.
Other areas addressed by this practice include:
- Stock options
- Stock appreciation rights and restricted stock plans
- Incentive bonus plans and implications of Code Section 162
- Severance pay programs
- Executive employment agreements
- Non-qualified deferred compensation arrangements, such as supplemental retirement benefits and elective deferred compensation
- Change in control agreements and administration of Code Section 280G in mergers and acquisitions
- Defined benefit and cash balance pension plans
- Counsel to Federal and State Governmental pension plans, including pension investment reviews and drafting side letters to preserve governmental exceptions
- Drafting and review of ERISA and fiduciary documentation for retirement plan committees, including investment advisor service agreements and investment policy statements
- Training ERISA fiduciary committees
- Counsel related to employer plan responsibilities under Affordable Care Act (ACA), Consolidated Appropriations Act (CAA), and HIPAA
- Dispute resolution with IRS, DOL, PBGC
This group represents both business clients and individual executives in the negotiation and drafting of employment and severance agreements. They provide services for such clients as:
- Financial institutions
- Health systems
- Manufacturers
- Wholesalers and retailers
- Media companies
- United States subsidiaries of foreign corporations
- Government contractors
- Educational institutions
- Professional services providers
- Insurance agencies and brokers
- Governmental authorities and commissions
- Public and private companies
- Non-profit employers
For more information, please contact any of the attorneys listed below.
