Employee Benefits

Today's market conditions and regulatory environment have made it increasingly difficult for employers to provide meaningful benefit plans while managing risks and costs.

Our Employee Benefits attorneys provide legal counsel that helps our clients win the loyalty of its most talented employees while balancing the need for cost and risk management. Whether in the context of solving a complex compliance issue or designing a competitive benefit plan structure, our services are aimed at helping you maintain benefit programs that will contribute to your company's profitability and growth.

Our employee benefits services include:

  • Design and implementation of qualified retirement plans, including Employee Stock Ownership Plans, 401(k) plans, 403(b) plans, and defined benefit pension plans, as well as hybrid plans that combine the features of more than one of these types of plans.
  • Planning for termination of defined benefit pension plans, including managing liabilities and reducing risk through plan design changes and annuitization of benefit payments.
  • Health and other welfare benefit plan consulting, including compliance with the ERISA, COBRA and HIPAA document, reporting and disclosure requirements.
  • Assisting employers of all sizes with planning, compliance and reporting associated with the Patient Protection and Affordable Care Act.
  • Employee benefits consulting in connection with acquisitions and divestitures.
  • Compliance reviews for qualified retirement plans.
  • Assistance with correction of plan administration, plan document and compliance errors and failures either through "self-correction" or through formal applications with government agencies, including IRS voluntary correction programs and DOL delinquent filer programs.
  • Non-qualified deferred compensation and retirement plan documentation, tax consulting and compliance, including compliance with Code Section 409A requirements.
  • Design, implementation and consulting with respect to equity compensation arrangements such as: non-qualified stock options plans, incentive stock options plans, restricted stock awards and employee stock purchase programs.
  • Representation of clients before the Department of Labor, the IRS and other government agencies.
  • Executive employment agreements, including tax planning under the Code Section 280G golden parachute payment rules and consulting regarding the limit on deductible compensation under Code Section 162(m).
  • Defending employers in employee benefit plan litigation.
  • Guidance and analysis with respect to multi-employer pension plan liabilities, required funding on withdrawal, controlled group status and exposure and on-going plan funding issues, including review of liabilities in mergers, acquisitions and divestiture transactions and allocation of liabilities among the parties.

We are proud of the accomplishments and service provided by our employee benefits lawyers. Some recent projects include:

  • Consulting on the implementation of ESOPs in connection with the transition of ownership in private companies and to align employee and shareholder goals in public companies.
  • Handling all employee benefit plan aspects of numerous mergers, acquisitions and divestiture transactions for both private and publicly held companies.
  • Assistance with numerous defined benefit plan terminations, including pre-termination review and guidance, required and design-related plan amendments, participant disclosures, selection of annuity provider and related fiduciary due diligence and IRS and PBGC-related filings and disclosures.
  • Successfully negotiating a favorable settlement in an enforcement action brought by the Department of Labor alleging numerous violations of the prohibited transaction rules under ERISA.
  • The redesign of existing employment agreements and implementation of new compensation arrangements for a client anticipating a change in ownership that will help the client retain key executives in order to realize a more favorable purchase price.
  • Legal representation of private employers "spinning off" assets from a multiple employer pension plan to a single employer plan.

Our employee benefits team always works for you keeping the following goals in mind:

  • Assist client in accomplishing stated objectives.
  • Provide creative consulting and solutions.
  • Produce timely, top-quality work.
  • Assist employers in achieving their profitability and risk reduction goals.