Employee Benefits and Executive Compensation

Our Employee Benefits Practice Area counsels clients on issues arising under ERISA, the Internal Revenue Code and federal and state laws affecting retirement, health and welfare benefit plans and programs and executive compensation arrangements, and represents them in court and before the Department of Labor and the IRS. Specifically, our Employment Benefits attorneys:

  • Assist clients with the design, administration and termination of qualified and non-qualified benefit plans including:
    • drafting, amending, and submitting the plans to the Internal Revenue Service for a favorable determination,
    • drafting participant communications,
    • coordinating compliance with annual reporting and disclosure requirements,
    • counseling regarding the benefit plan implications of a business sale, purchase, or closure,
    • providing advice regarding health and welfare benefit plan design and compliance issues, including compliance with the Patient Protection and Affordable Care Act (PPACA), COBRA and HIPAA,
    • assisting plan administrators regarding proper administration of plans including correction of non-compliant plan practices, review of delinquent 401(k) plan loans, enforcement of spousal/survivor rights under ERISA, and approval of QDRO’s.
  • Negotiate structured settlements on behalf of employers in connection with U.S. Department of Labor EBSA compliance audits targeting 401(k) plans.
  • Represent management, benefit plans and plan fiduciaries (including employer trustees) in disputed claims and litigation, which can include:
    • seeking plan benefits or alleging breach of fiduciary duty,
    • advising and representing employers facing claims of pension withdrawal liability and claims under the Multiemployer Pension Plan Amendment Act and the Taft-Hartley Act.
    • advising our clients regarding executive compensation issues to better position our clients in attracting and retaining high caliber executives for their leadership teams,
    • assisting employers in structuring non-qualified deferred compensation plans compliant with Sections 409A and 457(f) of the Internal Revenue Code.

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