Compensation & Benefits

We provide results-oriented legal advice to a diverse client base. Our clients include large publicly-traded employers, privately-held businesses, church-sponsored and other tax-exempt organizations, state and local governments, professional firms, and individuals. We help clients design, prepare and implement qualified retirement plans, including 401(k) and Employee Stock Ownership Plans (ESOP), executive compensation and incentive programs, cafeteria plans, health benefit plans, and other welfare and fringe benefit arrangements.

Compliance

Our attorneys advise clients about compliance issues that apply to employee benefit plans, including:

  • The Employee Retirement Income Security Act (ERISA);
  • The Internal Revenue Code (IRC);
  • The Affordable Care Act (ACA);
  • The Age Discrimination in Employment Act (ADEA);
  • Healthcare continuation coverage under state and federal law (COBRA);
  • Federal and state benefit plan mandates; and
  • State insurance law and state and federal securities law.

When issues occur, we help clients with voluntary correction programs (VCP) under Internal Revenue Service and Department of Labor guidelines. We also assist clients with preparing employee communications and other materials to satisfy reporting and disclosure obligations.

Tax-Exempt Employers

We counsel tax-exempt, governmental and church-affiliated organizations in addressing benefit issues, including Section 403(b) tax deferred annuities, Section 457 deferred compensation plans and church plans.

Mergers & Acquisitions

Our attorneys work with the firm’s corporate attorneys to help structure the terms of business acquisitions and dispositions and to address the impact of transactions on the company’s employee benefit plans. We also assist post-acquisition with the clean-up, maintenance or termination of employee benefit plans.

Plan Audits

We help clients respond to and, when necessary, negotiate with the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation during plan audits, and we obtain determination letters for plan qualification, plan terminations, prohibited transaction exemptions and private letter rulings.