Legal Services

We advise employers on the tax and regulatory matters related to their qualified defined contribution and defined benefit plans, as well as their health, welfare, Section 125 cafeteria and severance plans. We also advise both employers and senior executives on the tax and compliance issues related to executive compensation, non-qualified deferred compensation, equity and “phantom” equity compensation plans and arrangements. We advise employers regarding the funding vehicles they use for their employee benefit plans and arrangements, including tax exempt trusts, rabbi or secular trusts, annuity contracts, and general employer assets.

Contact us for help with legal and compliance issues related to:

Qualified Retirement Plans

  • Defined contribution plans
  • 401(k) plans
  • Profit sharing plans
  • 457(b) plans
  • 403(b) plans
  • ESOPs
  • Defined benefit and cash balance plans
  • Multiemployer plans
  • Pooled employer plans, multiple employer plans, SEPs and SIMPLE IRA plans
  • Coverage and nondiscrimination testing
  • Controlled group and affiliated service group analysis
  • Distributions, participant loans and required minimum distributions
  • IRS plan qualification corrections
  • Prohibited transactions
  • DOL fiduciary duty corrections
  • Plan documents
  • Summary Plan Descriptions
  • Service Agreements
  • Qualified Domestic Relations Orders

Executive Compensation

  • Nonqualified Deferred Compensation
  • Code Section 409A
  • 457(f) plans
  • Executive Employment Agreements
  • Section 280G Golden Parachute payments and analysis
  • Stock Bonus Plans
  • Phantom stock
  • Stock options, restricted stock, RSUs and profits interests
  • Incentive Compensation Plans
  • Executive compensation at tax-exempt organizations

Welfare Benefits

  • Health and welfare wrap plans
  • Affordable Care Act
  • Coverage mandates
  • ACA Retaliation claims
  • Employer Mandate
  • HIPAA
  • COBRA
  • Section 125 Cafeteria Plans
  • HSAs, HRAs, ICHRAs and FSAs
  • Mental health parity and health plan transparency rules
  • FMLA, USERRA and leave-related benefit issues
  • Severance Plans

Fiduciary Governance and Plan Administration

  • Fiduciary duties and investment committee practices
  • Service provider selection, contracts and fee review
  • Benefit plan cybersecurity and data incidents
  • Form 5500 and participant notices
  • Benefit claims and appeals procedures

IRS corrections

  • Contribution failures (missed deferrals, matching contributions and employer nonelective contributions)
  • Enrollment failures
  • Failure to timely amend Plan Documents
  • Failure to follow Plan Document provisions
  • Testing failures
  • Loan errors
  • Vesting errors
  • Distribution errors

Audits, Compliance and Other Corrections

  • DOL Voluntary Fiduciary Correction Program corrections
  • Prohibited transaction exemptions
  • Excise tax returns
  • Good faith requests for penalty reduction
  • IRS examinations and Department of Labor investigations

Transactions and Special Situations

  • Employee benefits in mergers and acquisitions
  • Plan terminations, mergers and spin-offs
  • Reductions in force, severance and WARN Act issues
  • Governmental, church and tribal plans

If it is about ERISA, employee benefits or related taxes, call us. We can help.