ERISA & Executive Compensation

We advise clients on all aspects of ERISA’s fiduciary rules, with a special emphasis on IRA and plan investment issues faced by sponsors of private equity and real estate funds, banks, technology startups, crypto/digital asset investors, traders, and service providers. We help clients broaden their investor bases and maximize investment opportunities under ERISA’s regulatory exceptions. We also represent clients in routine audits and inquiries by the US Department of Labor and the IRS and defend them in adversarial proceedings.

We advise companies on equity-based structures such as stock options, stock purchases, profits interests, ‘phantom’ equity, and appreciation rights arrangements. We help clients implement bespoke cash and equity arrangements that align with company and management objectives, and we advise on the compensation aspects of complex M&A deals, including executive arrangements and employee incentives. We are also well versed in deferred compensation arrangements, Section 280G golden parachute issues, and UK incentives.

We advise clients on the employee benefit aspects of M&A and have a robust benefits counselling practice. That includes helping clients establish and administer defined contribution and defined benefit plans and shepherding plan administrators through the IRS correction program. We also defend clients against employee benefit claims and in IRS and DOL audits. We have particular expertise advising private equity-backed entities on benefits administration and transitions. We also advise on ERISA’s welfare plan rules, the Affordable Care Act, and COBRA.