Our ERISA, employee benefits, and compensation practice focuses on five primary areas:
- Employee Stock Ownership Plan transactions;
- Design and implementation of qualified pension and profit sharing plans and Employee Stock Ownership Plans (ESOPs), and equity-based compensation and deferred compensation;
- Problem remediation, including audits and corrections under EPCRS, DFVC and VFC programs of Internal Revenue Service and Department of Labor resolution programs;
- Advice on operational compliance, fiduciary responsibility, and conducting internal reviews to avoid problems and penalties; and
- ERISA matters in merger, acquisition, and sale transactions.
We often assist in-house counsel or corporate counsel with ongoing benefit issues and on specific projects arising from the sale or purchase of a business or changes to benefit programs. These might arise in the context of the replacement of a 401(k) provider or the establishment of a new benefit program. Our experience includes the following representative types of projects:
- Plan document compliance
- IRS determination letter filings
- Plan mergers and terminations
- Disposition of plans in bankruptcy
- Benefit plans in corporate mergers and acquisitions
- Employee communications
- Non-qualified deferred compensation and 409A compliance
- Stock options, phantom stock, and other equity-based compensation arrangements
- Health and welfare benefit plans, including cafeteria (Section 125) plans and flexible spending accounts
- Wrap documents for multiple health and welfare plans
- HIPAA (Health Insurance Portability and Accountability Act) counseling and compliance
- COBRA compliance
- Securities laws aspects of equity-based compensation
- Fiduciary compliance and counseling
- Investment Policy Statements
- Internal audits and compliance programs
- Problem remediation, including Self-Correction, VCP filings, and Closing Agreements under EPCRS (Employee Plans Compliance Resolution System)
- Correction of delinquent 5500 filings under DFVCP (Delinquent Filer Voluntary Compliance Program)
- Department of Labor (DOL) audits and corrections
- VFC (Voluntary Fiduciary Correction) filings with DOL