Justin W. Stemple
- Partner
My admin
- Jackie Weaver
Many small and medium-sized businesses, especially those owned by baby boomers, are rapidly approaching a point of transition. Sometimes the kids aren’t interested in taking over. Owners should know there is another option available to them, beyond the more common M&A or divestiture route – namely, the employee stock ownership plan or ESOP. This planning technique offers so much potential – it not only benefits the selling owner, but also the ongoing company and the employees. Win, win, win.
Justin Stemple focuses his practice on qualified retirement plans, non-qualified deferred compensation plans and executive compensation, with a particular emphasis on employee stock ownership plans, incentive programs and equity compensation. Clients hail from the construction, distribution, manufacturing, mechanical contracting and professional services fields, among others.
industries
practices
Tax-Qualified Retirement Plans
- Drafting plan documents, summary plan descriptions and amendments for qualified retirement plans, including 401(k) plans, defined benefit pension plans, profit-sharing plans, ESOPs and union multiemployer pension plans.
- Successfully negotiating contract dispute with third-party administrator regarding qualified retirement plan distribution issues.
- Counseling employers regarding the impact of mergers and acquisitions on their retirement plans.
- Assisting employers with submissions to correct retirement plan operational errors under Internal Revenue Service and Department of Labor correction procedures.
- Implementing the freeze and termination of defined benefit pension plans with the PB
Tax-Qualified Retirement Plans
- Drafting plan documents, summary plan descriptions and amendments for qualified retirement plans, including 401(k) plans, defined benefit pension plans, profit-sharing plans, ESOPs and union multiemployer pension plans.
- Successfully negotiating contract dispute with third-party administrator regarding qualified retirement plan distribution issues.
- Counseling employers regarding the impact of mergers and acquisitions on their retirement plans.
- Assisting employers with submissions to correct retirement plan operational errors under Internal Revenue Service and Department of Labor correction procedures.
- Implementing the freeze and termination of defined benefit pension plans with the PBGC in both standard and distress terminations.
- Assisting employers to successfully resolve issues raised in Department of Labor and Internal Revenue Service audits.
- Assisting employers with reviewing and challenging multimillion dollar withdrawal liability claims by union multiemployer pension funds.
- Conducting RFP process and negotiating vendor agreements for retirement plan service providers.
- Representing employers and trustees with respect to transactions involving an Employee Stock Ownership Plan (ESOP).
- Assisting corporate counsel regarding the sale of a $100 million+ ESOP-owned company.
Executive Compensation
- Counseling employers and compensation consultants in regard to the design and implementation of equity incentive programs, including stock options, stock appreciations rights, restricted stock and stock awards.
- Designing and drafting early retirement incentive programs.
- Drafting and conducting Internal Revenue Code Section 409A reviews of deferred compensation plans, including phantom stock plans, individual account balance plans, non-account balance plans, incentive based plans and severance agreements.
- Assisting publicly traded companies to structure their non-qualified deferred compensation plans to achieve their original business purpose and retain flexibility while bringing the plans into compliance with Section 409A.
- “The Updated Legal Landscape of Noncompete Agreements,” Warner 2023 HR Seminar, May 16, 2023
- “Retirement Update,” Warner 2023 HR Seminar, May 16, 2023
- “ESOP Legal and Administration Update,” The ESOP Association Great Lakes Conference, October 21, 2022, Sandusky, Ohio
- “Retirement Plan Update,”
- “The Updated Legal Landscape of Noncompete Agreements,” Warner 2023 HR Seminar, May 16, 2023
- “Retirement Update,” Warner 2023 HR Seminar, May 16, 2023
- “ESOP Legal and Administration Update,” The ESOP Association Great Lakes Conference, October 21, 2022, Sandusky, Ohio
- “Retirement Plan Update,” Warner 2022 HR Seminar In-Person Event, May 4, 2022, Grand Rapids, Michigan
- “The New Normal and What’s Next for Retirement Plans,” Warner Webinar, June 11, 2020
- “What Is an ESOP and Why Should I Care?,” ESOP Quarterly Meet-Up, Grand Rapids Chamber of Commerce, March 10, 2020, Grand Rapids, Michigan
- “MBA Retirement Trust Committee SECURE Act” Webinar, December 20, 2019
- “Employee Benefits Update,” Warner Human Resources Seminar, May 7, 2019, Grand Rapids, Michigan
- “Equity Compensation for Startups,” WMU Innovation Lunch-and-Learn Series, September 20, 2018, Kalamazoo, Michigan
- “Benefit Plan Nondiscrimination Testing,” WarnerHuman Resources Seminar, May 3, 2018, Grand Rapids, Michigan
- “ESOP Administration Horror Stories,” National Center for Employee Ownership Annual Conference, April 19, 2018, Atlanta, Georgia
- “Fueling Growth Through Acquisitions,” Michigan Chapter of the ESOP Association Spring Conference, April 11, 2018, Lansing, Michigan
- “Myth or Truth: Employee Benefits Panel,” Warner Labor & Benefits Executive Panels, November 17, 2017, Traverse City, Michigan
- “401(k) Wthdrawal Dos and Don’ts” and “Incentivizing Your Employees,” Warner Human Resources Seminar, May 23, 2017, Grand Rapids, Michigan
- “Managing an Evolving Workforce” and “Attracting and Retaining Millennials,” Warner Labor & Benefits Executive Panel, October 18, 2016, Kalamazoo, Michigan
- 2016 West Michigan Fiduciary Forum, June 28, 2016, Grand Rapids, Michigan
- ESOP Ownership Transition, June 21, 2016, Grand Rapids, Michigan
- “Correction Programs,” Warner Human Resources Seminar, June 9, 2016, Grand Rapids, Michigan
- Labor & Benefits Executive Panel, Warner Seminar, October 5, 2015, Traverse City, Michigan
- “Retirement Plans, Benefit Plans in Mergers and Acquisitions, ACA Update and Requirements,” Radiology Business Managers of Michigan Spring Conference 2015, May 1, 2015, Traverse City, Michigan
- “What to Do When a Client Wants Out,” co-presented with Scott Eisenberg, John Carter and Jeffrey Groen, The Michigan Association of Public Accountants Anti-Fraud Issues, Litigation & Business Valuation, and Mergers & Acquisitions Conference, May 19, 2015, Livonia, Michigan
- “Retirement Plan Panel Discussion” and “Benefit Plans in Mergers and Acquisitions,” Warner Human Resources Seminar, April 20, 2015, Grand Rapids, Michigan
- “GreatBank/DOL Settlement: What Should You Know,” Michigan Chapter of The ESOP Association, co-presented with Nick Adamy, Adamy Valuation Advisors, March 30, 2015, Lansing, Michigan,
- Employee Benefits/Executive Compensation Panel, Labor and Benefits Executive Panel-Government Enforcement Initiatives, October 23, 2014, Kalamazoo, Michigan
- “ESOP Features You May Not Have Considered,” Michigan Chapter of The ESOP Association Annual Conference, September 25, 2014
- “Hot Topics in Retirement Plans,” Warner Human Resources Seminar, April 22, 2014, Grand Rapids, Michigan
- “Best Practices in Retirement Plan Governance,” presented to Advantage Benefits Group client seminar and separately at a Principal Financial Group client seminar, both held at Frederick Meijer Gardens, September 11, 2013, Grand Rapids, Michigan
- “Retirement Plan RFPs” and “Roadmap to Designing Compensation Plans,” Warner Human Resources Seminar, April 29, 2013, Grand Rapids, Michigan
- “New Fiduciary Liabilities for Retirement Plans,” Healthcare Financial Management Association (West MI Chapter) Spring Conference, March 20, 2013, Caledonia, Michigan
- “A Legislative Update on Retirement Plans,” West Michigan Chapter of International Society of Certified Employee Benefit Specialists, Nov. 15, 2012, Grand Rapids, Michigan
- “Boatload of Ideas on ESOP Communication,” ESOP Association Michigan Chapter Fall Conference, October 23, 2012, Lansing, Michigan
- Regular speaker with The ESOP Association
- “The Perfect Retirement Plan for Small Businesses?,” and “DOL’s New Fee Disclosure Rules: Are You in Compliance?,” Warner Human Resources Seminar, May 2, 2012, Grand Rapids, Michigan
- “Are You Ready for New DOL Fee Disclosure Rules?,” Warner Human Resources Seminar, May 25, 2011, Grand Rapids, Michigan
- “Plan Mechanics,” ESOP Association Michigan Chapter Meeting, October 27, 2010
- 2010 Legislative Update, West Michigan Chapter of ISCEBS, November 17, 2010
- “Non-Qualified Deferred Compensation Plans: What and Why?,” Warner Human Resources Seminar, March 23, 2010, Grand Rapids, Michigan
- “Last Call for 409A,” Warner Human Resources Seminar, September 11, 2008, Grand Rapids, Michigan
- “Generational Differences in the Workplace,” ESOP Association Michigan Chapter Meeting, October 23, 2007
- “Electronic SPDs, Notices and Consents: What You Need to Know,” Warner Human Resources Seminar, May 10, 2007, Grand Rapids, Michigan
- “Structuring Equity Compensation in ESOP Companies,” ESOP Association Michigan Chapter Meeting, March 28, 2007
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Represented ChoiceOne Financial Services, Inc. in its Merger with Fentura Financial, Inc. and Underwritten Public Offering of Common Stock
- Warner Named as Leading Michigan Law Firm by Chambers USA 2024
- Justin Stemple Featured in Crain’s Grand Rapids Article on ESOPs
- 66 Warner Attorneys Named Top Lawyers by Grand Rapids Magazine
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Represented DornerWorks in Its Transition to an ESOP
- Warner Selected as Leading Michigan Law Firm by Chambers USA 2023
- MiBiz Honors Warner Partner Justin Stemple, Shepler’s Transaction with Dealmaker of the Year Awards
- Warner Advises Speedrack Products Group on ESOP Deal
- 108 Warner Attorneys Rated Best Lawyers in America
- Warner Selected as Leading Michigan Law Firm by Chambers USA 2022
- 51 Warner Attorneys Rated 2022 Top Lawyers by Grand Rapids Magazine
- 105 Warner Attorneys Rated Best Lawyers in America©
- Justin W. Stemple Appointed to NIA Centre Board
- Warner Selected as Leading Michigan Law Firm by Chambers USA 2021
- Warner Represented Kendall Electric, Inc. In Its Acquisition of Rumsey Electric Company
- Warner Represented Uncle Ed’s Oil Shoppes, Inc. and AutoBath America, Inc. in Their Sale to FullSpeed Automotive
- Justin Stemple Offers Insight on ESOP Ownership
- 102 Warner Attorneys Rated 2021 Best Lawyers in America
- Warner Named a Leading Michigan Law Firm by Chambers USA 2020
- Warner Representing ChoiceOne Financial Services, Inc. in the Acquisition of Community Shores Bank Corporation
- 25 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- One Hundred and Two Warner Attorneys Rated Best Lawyers in America
- Warner Represents ChoiceOne Financial Services, Inc. in Its Merger with County Bank Corp.
- Warner Partners Named to New Leadership Roles
- Warner Represents Structural Concepts Corporation in Its Sale to Mason Wells
- 27 Warner Attorneys Named to Rising Stars List by Michigan Super Lawyers Magazine
- One Hundred Warner Attorneys Rated Best Lawyers in America
- Warner Partners Named to New Leadership Roles
- Warner Partners with WMed Innovation Center for Lunch-and-Learn Series
- 25 Warner Attorneys Recognized as Rising Stars
- Warner Represented West Shore Bank in the Acquisition of Ellis Capital Management
- Warner Advises in the Sale of American Grease Stick Company
- Warner Partner, Client to be Honored by Association for Corporate Growth
- 26 Warner Attorneys Recognized as Rising Stars
- Chemical Financial Corporation Completes Merger with Talmer Bancorp, Inc.
- 90 Warner Attorneys Rated Best Lawyers in America
- Warner Representing Birmingham Bloomfield Bancshares, Inc. (Bank of Birmingham) in Merger with Arbor Bancorp, Inc. (Bank of Ann Arbor)
- Warner Helps Crystal Flash Establish Employee Stock Ownership Plan
- Warner Representing West Shore Bank in $8.3 Million Acquisition of West Michigan Bank & Trust
- CCL Industries Inc. Acquires Checkpoint Systems, Inc. in an Approximate $500 Million Transaction
- 98 Warner Attorneys Rated Best Lawyers in America
- 98 Warner Attorneys Rated Best Lawyers in America
- Warner Launches New Craft Brewery Industry Group
- Warner to Offer Daylong Human Resources Seminar
- Attention: Forfeitures and Other Unallocated Accounts in Retirement Plans Need Review
- Warner Partner Justin Stemple Authors GRBJ Article on ESOPs
- SECURE 2.0 is Finally Here! Warner Analysis Part 1
- REMINDER: Employers Must Rewrite Defined Contribution Plans Now – Warner Can Help
- 401(k) Plans Have New Rules for Part-Time Employee Eligibility
- “Selling your company? Consider an ESOP,” Grand Rapids Business Journal, February 17, 2023
- “Selling your company? Consider an ESOP,” Grand Rapids Business Journal, February 17, 2023