Employee Benefits & Executive Compensation

Our attorneys are well-attuned to complex employee benefits matters and the day-to-day issues that employers encounter. We are skilled at analyzing the impact administrative and compliance concerns have on a client’s business and reputation. Our attorneys review matters with an interdisciplinary approach to effectively utilize client resources and deliver optimal results.

We handle all types of employee benefit and executive compensation matters, from plan design, compliance, and operational issues to ERISA litigation and corporate transactions.  Our attorneys regularly assist clients in defending audits before the Internal Revenue Service (IRS), Department of Labor (DOL) and Pension Benefit Guaranty Corporation (PBGC) and frequently advise clients on the IRS and DOL voluntary compliance programs and correcting plan failures.  Our clients are local, regional and national businesses, and include private sector employers, local government entities and not for profit organizations.  We represent publicly traded companies as well as privately held entities.

The comprehensive experience of our attorneys enables us to readily handle the following types employee benefits and executive compensation matters: 

EMPLOYEE BENEFITS

• Retirement plan design, drafting, compliance and operational issues
  • Qualified retirement plans (e.g.; 401(k), 403(b), cash balance, defined benefit)
  • Nonqualified retirement plans (e.g. SERPs, deferred compensation)
  • Employee stock ownership plans (ESOPs)
  • Retirement plans for tax-exempt organizations, churches, and state and local governmental entities
• Contractual relationships with service providers, including investment management, custodial and other vendor agreements
• Multiemployer welfare and pension plan audits and litigation, including pension fund withdrawal liability arbitrations and litigation
• Employee benefit issues arising out of mergers and acquisitions
• Health and welfare benefit plan design, drafting, communication, compliance and administration issues
  • Group health, life and disability plans
  • Cafeteria plans
  • Health savings accounts (HSAs), health reimbursement arrangements (HRAs) and flexible spending accounts (FSAs)
• COBRA continuation coverage compliance
• HIPAA privacy and security compliance
• Affordable Care Act compliance, including employer mandate and reporting issues
• ERISA fiduciary duty obligations, liability and governance
• ERISA litigation
• Voluntary correction of plan errors with the IRS and DOL
• Government audits of employee benefit plans (e.g. IRS, DOL, PBGC)
• Non-cash compensation and awards

EXECUTIVE COMPENSATION

• Equity-based plan design, drafting and compliance (e.g. stock options, restricted stock, phantom stock)
• Bonus arrangements and other cash-based incentive programs
• Executive employment and retention agreements
• Change-in-control and severance agreements
• Supplemental executive retirement plans
• Nonqualified deferred compensation plan design and drafting and Code Section 409A compliance
• Split-dollar and other life insurance arrangements

RECOGNITIONS

U.S. News – Best Lawyers® “Best Law Firms” – Employee Benefits (ERISA) Law – Tier 3 – National

U.S. News – Best Lawyers® “Best Law Firms” – Employee Benefits (ERISA) Law – Tier 2 – Chicago Metropolitan Area