future-focused

Practices

Our lawyers have the skill and experience under ERISA and the Internal Revenue Code to assist our clients when they face complex and ever-changing employee benefit and executive compensation challenges. We provide practical and cost-effective advice involving their qualified and nonqualified plans, health and welfare plans, incentive arrangements, ERISA litigation and governmental agency matters.

Overview

Competitive employee benefit and executive compensation programs are areas of risk for our clients as the laws, rules, and judicial precedents under ERISA and the Internal Revenue Code are constantly changing and evolving. Whether a client comes to us with a single individual executive employment agreement or a complex array of domestic and international benefit programs, we can help resolve the legal, regulatory and compliance issues they may encounter.

Our lawyers emphasize building long-term relationships with our clients, whether they are a private company, educational institution, hospital, board of directors, benefits or compensation committee, publicly traded entity, sole proprietor, or an individual executive, so that we can better counsel them based on their specific needs and goals. That said, we can assist employer clients with discrete issues at any stage of their business life cycle, whether as a start-up, an on-going business concern or perhaps even upon a disposition.

Most of all, we pride ourselves in growing with our clients from infancy, first working with them in designing and implementing various plans and arrangements, then through their growing pains when acquiring, restructuring or divesting their plans via corporate transactions or reorganizations and ultimately to maturity, and correcting any deficiencies or defending them in any litigation. Through all these phases, our clients benefit from the in-depth knowledge we gain concerning their personalities and businesses so that we may proactively assist them at each stage in a cost and tax efficient manner, while ensuring that their plans and arrangements remain legally compliant, as well as ensuring that any potential litigation or fiduciary risks are minimized. Perhaps most importantly for today’s business environment, our knowledge and client experience permit us to provide our clients effective solutions efficiently, without delay and consistent with their expectations and goals for the company and for the benefit of their employees

Notable Experience

  • Assisted global client with all US employee retirement and health/welfare benefits, and inpatriate and expatriate medical plan, following corporate acquisition and reorganization. We assisted in merging defined contribution plans, terminating defined benefit plan, and merging certain health/welfare benefit plans and programs, while maintaining separate health benefit plans for employees located in various states, and continue to work with the client on an on-going basis regarding plan legal design and compliance with ERISA and the Internal Revenue Code.
  • Audited national client’s benefits committee procedures to minimize fiduciary risks and exposure, including implementing new procedures, providing in-house training and legal briefings, revamping investment policy statement and conducting request for proposal from potential 3(38) investment advisor.
  • Advised Louisiana client regarding audit and investigation by the Department of Labor regarding its health and welfare plan, including COBRA, Mental Health Parity and COVID-19 matters
  • Designed and prepared profits interest plan for key employees of Texas oil field services client.
  • Assisted national client with opposition to third party subpoena to produce qualified plan investment committee documents in ERISA excessive fee class action.
  • Advised national client with regard to design, structure and testing of retirement benefits following corporate acquisition.
  • Counseled Louisiana client concerning potential partial termination of qualified defined contribution plan due to employee layoffs and terminations that began prior to and continued through COVID outbreak.
  • Assisted national client in terminating one of its qualified defined benefit plans, including submission to IRS for determination letter and discussions with PBGC, coordinating safest annuity purchases, and preparing various participant communications and distribution forms.
  • Advised joint venture client owned by subsidiaries of five publicly traded energy companies regarding executive nonqualified deferred compensation plans and related Section 409A issues.
  • Assisted in defending client employer against former executive’s claims relating to deferred compensation benefits under various employment-related agreements.
  • Designed and prepared new change in control plan for executives of Louisiana client.
  • Counseled national client challenging withholding tax assessment on nonqualified deferred compensation benefits provided to executive residing in New Jersey.
  • Prepared new form master service agreements for client providing third party administrative services for Section 125 and COBRA plans.
  • Conducted and coordinated request for proposal for ERISA 3(38) investment manager of tax-exempt client’s section 401(k) plan and assisted with transition to newly selected investment manager.
  • On-going representation of various clients in connection with all facets of administration, compliance and documentation regarding employee retirement and health benefits.

We are known for these strengths

  • Strong technical knowledge and experience regarding ERISA and the Internal Revenue Code
  • Pragmatic approach
  • Able to translate complex rules into practical advice
  • Proactive and engaged
  • Cost conscious and responsive
  • Maintaining positive relationships with our clients and their employee benefit plan service providers

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