Since the 1974 enactment of the Employee Retirement Income Security Act (ERISA), employers have confronted increasingly complex federal regulations of their employee benefit plans. Our lawyers have broad experience in handling all types of issues that arise in this area including those relating to pension and welfare benefit plans and executive compensation arrangements.
We are experienced in the design, implementation and administration of all types of tax-qualified retirement plans and related Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation regulatory compliance issues. Working closely with our business lawyers, we also assist clients with the special benefits issues arising in the context of corporate mergers and acquisitions.
Our Employee Benefits and Executive Compensation attorneys also assist health care providers with special requirements regarding their benefit plans. Particular emphasis is placed on the various "aggregation" rules that can complicate the pension arrangements of smaller service providers (like physician groups) who enter into contractual arrangements with larger providers.
Our attorneys handle disputed claims and appeals of denied claims in employee benefits plans on behalf of both plan administrators and insurance carriers. We provide substantive support on those claims that result in litigation. We also have experience in representing ERISA fiduciaries in various enforcement actions, including both federal and state court litigation and Department of Labor investigations.
We help clients establish and maintain employee stock ownership plans (ESOPs), and we have significant experience in various stock-based compensation plans for both public and private companies.
In the area of executive compensation, we are involved with the negotiation, drafting and implementation of employment agreements for numerous clients, as well as advising clients on the unique tax rules applicable to such arrangements. Since 2004, we have had extensive experience in advising clients regarding the actions necessary to keep such arrangements in compliance with new Code Section 409A.
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