Employee Benefits & Executive Compensation

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