Employee Benefits & Executive Compensation

Employers rely on strong benefits programs to attract and retain talent, but designing and administering those plans can be complex—especially as laws evolve. Clark Hill’s employee benefits attorneys help employers design, implement, administer, and resolve issues involving benefit plans and claims.

Our team brings decades of ERISA and state law experience, advising for-profit and nonprofit employers on retirement, welfare, and fringe benefit plans, fiduciary duties, COBRA and ACA compliance, and benefit litigation. When needed, we collaborate with colleagues across labor and employment, tax, trust, insurance, litigation, and appellate practices.

We assist with IRS, DOL, and PBGC audits, compliance, and correction programs, and advise on benefits issues in mergers and acquisitions, commercial transactions, bankruptcy, multiemployer plans, and withdrawal liability. We also help closely held businesses with succession planning through ESOPs.

We advise on the benefits aspects of executive compensation, including deferred compensation, incentive compensation, equity-based plans, phantom stock, SERPs, and related tax rules such as IRC Section 409A. We also counsel governmental entities, schools, universities, and other tax-exempt organizations on public pension plans, 403(b), 457 plans, excess compensation, and intermediate sanctions.

We also advise publicly traded companies on the tax and benefits rules that apply to them, including IRC Section 162(m).