Practices: Employee Benefits and Executive Compensation

The lawyers in our ERISA Group handle all aspects of employee benefit plans, executive compensation and ERISA litigation representation. We serve as outside ERISA counsel to employers throughout the U.S., including closely held companies, Fortune 500 corporations, private equity funds and their portfolio companies, U.S. holding companies of foreign entities, hospital systems, nursing home systems, trading companies, banks, law firms, pharmacy benefit managers (PBMs), investment managers, investment advisors, municipalities and Taft-Hartley plan trustees.

In addition to plan documentation and legal compliance, our benefits lawyers provide invaluable consultation regarding benefit plan design, maximization of tax incentives, minimization of fiduciary exposure, and optimal utilization of plan vendors. We help our clients meet their business objectives in the benefits area, including the provision of cost effective and competitively designed retirement and group health benefit plans. We also assist clients in attracting, retaining, and motivating their key employees through various executive compensation programs. We provide valuable counsel in the consolidation and restructuring of plans in acquisition, corporate reorganization and reduction in workforce circumstances.

Our Employee Benefit and Executive Compensation services include:

• Consultation regarding all aspects of qualified retirement plans, including plan design, plan documentation, annual compliance testing, plan mergers and restructurings, reporting and disclosure, fiduciary obligations, investment selection and monitoring and vendor contracting;
• Consultation regarding regulatory changes, document updates, plan audits, corrective actions and negotiated settlements with the IRS and Department of Labor;
• Fiduciary training and consultation regarding ERISA fiduciary responsibilities and allocations of duties between plan sponsors, plan committees, trustees, investment advisors, and other plan vendors;
• Design, documentation and implementation of stock option, restricted stock, phantom equity, nonqualified deferred compensation, supplemental retirement, and other incentive and retention programs for key employees; and
• Consultation regarding legal compliance, documentation and design of all types of group health and welfare plans, and executive carve-out plans, including HRA/HSA, COBRA, HIPAA, ADA, FMLA and wellness program compliance.