Tax-Qualified Retirement Plans

• Representing employers and trustees with respect to transactions involving an Employee Stock Ownership Plan (ESOP).
• Assisting corporate counsel regarding the sale of ESOP-owned companies.
• 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.

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.