Executive Compensation

• Negotiate and draft executive employment and separation agreements on behalf of employers and executives.
• Draft and advise on long-term incentive and bonus arrangements (equity- and cash-based).
• Advise clients regarding non-competition covenants.

Transactions (M&A, joint ventures, financings, spin-offs, IPOs, SPACs,)

• Advise on all aspects of transactions, including due diligence review, drafting purchase agreements, retention agreements, and severance arrangements.
• Advise clients on employee benefit matters arising from acquisitions of other companies, including qualified plan mergers.
• Advise clients regarding the integration of employees and legacy benefits acquired through mergers and acquisitions.

Tax-Qualified Retirement Plans

• Provide strategic advice to plan sponsors on defined benefit plans and defined contribution plans/401(k) plans, including compliance, benefit plan design, implementation, administration, determination letter applications, voluntary correction procedure (VCP) filings, plan loans, administrative procedures, and qualified domestic relations orders.
• Advise clients in negotiating trust agreements and amendments.

Health and Welfare Plans

• Advise clients on tax treatment of health and welfare benefits and compliance with health reform, COBRA, and cafeteria plan rules.
• Advise clients on modification of retiree medical plan benefits and transition to plan designs with private exchanges and health reimbursement arrangements (HRAs).
• Advise clients regarding cafeteria plans and health care flexible spending accounts (FSAs).

ERISA and Fiduciary Issues

• Advise plan fiduciaries regarding their obligations under ERISA, including resolution of benefit claims and their duties with respect to plan assets and expenses in defined contribution plans.
• Provide fiduciary training and annual briefings for plan investment committees.
• Draft voluntary fiduciary correction program applications.