Our Employee Benefits and Executive Compensation Group has knowledge and experience extending to the selection, design, implementation and operation of a wide variety of employee benefit plans, arrangements and transactions, including:
- Tax-qualified retirement plans, including pension, profit sharing, 401(k), 403(b), cash balance, employee stock ownership (ESOPs), collectively bargained and master and prototype plans, and advice on the provisions of the Internal Revenue Code and ERISA applicable to these plans
- Non-qualified deferred compensation arrangements, including supplemental retirement plans, and compliance with Section 409A of the Code
- Equity-based plans providing awards such as stock options, stock appreciation rights, restricted stock, restricted stock units and phantom shares; dividend reinvestment plans and other short and long term incentive arrangements, such as annual bonus, "stay-bonus" and retention plans
- Employment, consulting, severance and change in control agreements including compliance with Sections 280G and 409A of the Code
- Health and welfare plans (both insured and self-insured arrangements) and advice on the provisions of Internal Revenue Code, ERISA, PPACA, HIPAA, HITECH and COBRA applicable to these plans
- Compensation and benefit issues in corporate transactions, such as mergers, acquisitions and financing transactions
- Fiduciary responsibility, plan investment and plan asset issues
- For public company clients, compliance with securities law, including preparation of proxy statements and prospectuses, Section 16 reporting, filing of registration statements, Form 8-K disclosure, as well as compliance with Section 162(m) of the Code
- Collectively bargained plans (for both individually sponsored and multiemployer plans), including issues relating to delinquent contributions and withdrawal liability
- Representing clients in disputes over benefit issues with participants, unions, third-party administrators, insurance companies and governmental agencies. We collaborate with our litigation attorneys in defending employers, plans and ERISA fiduciaries in claims involving benefit plans, such as disputes involving plan investment decisions, retiree medical benefits, multiemployer plans, severance agreements, supplemental executive retirement plans, plan fees and fee disclosure, benefit changes and denials of benefits
Our clients include business corporations, banks, insurance companies, hospitals, not-for-profits, governmental entities, partnerships, mutual funds, hedge funds, foreign entities, third-party plan administrators as well as companies in regulated industries, such as public utilities, railroads and financial markets. In addition, we represent individual executives and employees in connection with compensation and benefits issuers.
We actively monitor legal developments and assist clients in complying with new legislation and regulations.