Employers face complex and competitive pressures that can impact their ability to attract and retain top talent. Ranked nationally by Chambers and Legal 500, our dedicated team of employee benefits and executive compensation attorneys provides practical guidance for these challenges throughout the lifecycles of our clients’ businesses.
As employers continue to grapple with persistent change, we create solutions for employee benefits and executive compensation issues that help mitigate risk and forward our clients’ goals. Clients work with us on every aspect of their compensation, benefits, and compliance needs — from designing, drafting, and implementing plans and agreements to counseling on compliance, fiduciary duties, and plan administration.
We regularly assist clients on the complexities arising from their significant transactions such as mergers, acquisitions, and divestitures. Our team applies best practices from serving as outside benefits and compensation compliance counsel to also assist with post-transaction integrations.
Through client work in all major sectors, including energy, insurance, health care, financial services, private equity, pharmaceuticals, manufacturing, and technology, we offer industry-specific insights and perspectives. Our team regularly serves tax-exempt and governmental entities as well, and we work extensively with boards of directors, compensation and investment committees, plan fiduciaries, plan administrators, and other benefits consultants.
Our Approach
Health + Welfare Plans
We advise on the design and compliance of cafeteria, flexible spending, retiree, and self-insured health plans, including health savings accounts and cost-containment programs. Our team handles compliance across COBRA, the Mental Health Parity Act (MHPA), USERRA, and FMLA, and others and negotiates administrative services and business associate agreements.
Tax-Qualified Retirement Plans
We help plan sponsors and fiduciaries design, implement, and operate compliant 401(k), cash balance, and defined benefit pension plans, addressing non-discrimination testing, annual reporting, plan mergers, and beneficiary disputes. We also counsel clients on ESOP transactions, financing, and post-M&A benefits transitions.
Executive + Equity-Based Compensation
We design and maintain executive and outside-director compensation and incentive programs, addressing each client’s specific tax considerations, including corporate deductibility. Our work covers executive compensation issues under the Securities Act of 1933 and Securities Exchange Act of 1934, including SEC disclosure and reporting requirements.
Governmental Audits, Benefit Claims + ERISA Litigation
We prepare clients for DOL and IRS audits and build administrative records designed to withstand judicial review on contested benefit-claim denials. Our team has defended executives and entities in civil and criminal Employee Retirement Income Security Act (ERISA) matters in venues throughout the U.S.
Plan Governance, Investment + Fiduciary Issues
We design fiduciary governance structures and decision-making procedures for plan sponsors, trustees, and investment committees facing 401(k) excessive-fee litigation and heightened DOL scrutiny. We assess alternative investment contracts for pension-plan suitability and negotiate side letters with limited partnerships, hedge funds, and collective trusts.
Guidance on Workforce Transitions
We manage all employee benefits and executive compensation aspects of mergers, sales, and spinoffs, including golden parachute (280G) analyses and purchase-price adjustments for underfunded defined benefit plans. Our team handles benefit-plan changes, summary plan description updates, and participant communications through the transition.
