About
Provided by Lowenstein Sandler LLP
We advise both employers and C-suite and other executives on the full range of employee benefits and executive compensation, including:
- Drafting and negotiating employment compensation packages, employment agreements, separation pay packages, and restrictive covenants agreements
- Drafting and implementing equity and synthetic equity incentive arrangements, profits interests arrangements, bonus arrangements, and a wide variety of other cutting-edge incentive compensation programs
- Section 409A compliance
- Compliance with tax and other legal requirements and, when necessary, making needed corrections to preserve the tax-qualified status of plans
- Compensation and benefits aspects of mergers, acquisitions, and divestitures, including application of golden parachute payment tax rules (i.e., Section 280G)
- ESOP transactions
- Health and welfare plans, including cafeteria plans, wrap plans, and flexible spending plans, and assisting with ongoing compliance
- ERISA’s plan asset rules, fiduciary obligations, and prohibited transaction rules
- ERISA claims and litigation
- Handling the securities law aspects of executive compensation and employee benefits matters, including Compensation Discussion & Analysis and related proxy compensation disclosures
- Managing pension plan withdrawal liability and challenging withdrawal liability assessments, including arbitration of withdrawal liability disputes
- Employee benefits issues and liabilities in bankruptcy proceedings
