Executive Compensation and Employee Benefits

Clients turn to us for our balanced perspective, uncommon insight into both the legal and financial aspects of these arrangements, knowledge of market trends, and ability to steer negotiations to successful outcomes. Clients also appreciate our skill in advising them with respect to IRS determination letter applications and ruling requests, evaluating alternatives under IRS and U.S. Department of Labor correction programs, and negotiating appropriate corrections as well as preparing filings and other documents required for available relief.

Our group regularly partners with members of our Corporate and Bankruptcy practices to advise on executive compensation and employee benefits matters that arise in the context of mergers and acquisitions, representations and warranties products, and restructurings, as well as to counsel our private equity clients regarding the executive compensation arrangements of their portfolio companies. 

Our executive compensation experience includes:

• Short-term and long-term incentive plans
• Nonqualified deferred compensation arrangements
• Equity and equity-based plans (including profits interest, carried interest, stock options, restricted stock and phantom equity arrangements)
• Change-of-control golden parachute arrangements
• Employment, retention and consulting agreements
• Severance packages
• Post-employment restrictive covenants covering noncompetition, nonsolicitation of employees and clients, nondisparagement, and protection of confidential information

Our principal areas of focus in employee benefits matters include:

• Counseling on plan design and operational compliance, including advice and assistance relating to the IRS’s Employee Plans Compliance Resolution System (EPCRS) and the Department of Labor’s Voluntary Fiduciary Correction Program (VFCP) 
• Drafting and reviewing plan documents governing qualified and nonqualified retirement plans, including 401(k), 403(b), traditional defined benefit, cash balance, money purchase and deferred compensation plans
• Advising retirement plan committees with respect to fiduciary compliance and administrative processes 
• Providing independent legal advice to plan fiduciaries responsible for investment decisions 
• Advising on participant communications
• Addressing benefit issues in transactions, bankruptcy and restructurings