Companies and organizations of all sizes have been forced to rethink how to attract and retain top talent without sacrificing business goals in today’s competitive environment. Employee compensation and benefits are an employer’s primary tools to attract and retain talented employees, but they are facing more scrutiny now than ever. Plan fiduciaries are under increased pressure to adhere to rigid standards in light of recent corporate scandals. Waves of employee benefits legislation and regulation threaten to swamp employee benefit plan administration.
Eckert Seamans’ Employee Benefits and Executive Compensation Group is here to help. Our attorneys are experienced in the legal and consulting aspects of employee benefits and executive compensation plans as well as the business concerns faced by companies today. Our team regularly assists clients with the design, implementation and administration of employee benefit plans, including qualified retirement plans, trust agreements, health and other welfare plans, deferred compensation arrangements, stock option and other equity-based compensation arrangements. We represent clients at every level, ranging from small businesses to multi-national corporations, banks, trustees, insurers, multiemployer funds, and governmental and tax-exempt employers.
Our work includes:
Employee Benefits and ERISA Counseling. Our attorneys act as outside general benefits counsel for many of the firm’s clients. We work closely with our clients’ human resources professionals and in-house counsel, advising on special projects and day-to-day matters involving plan administration and tax, ERISA and HIPAA compliance. Our experience ranges from qualified retirement plans to health and welfare and retiree medical benefits. We regularly represent clients in matters involving the Internal Revenue Service, Department of Labor, Pension Benefit Guaranty Corporation and Department of Health and Human Services on issues ranging from audits, voluntary corrections under the IRS and DOL correction programs, reportable events and PBGC liability issues, and HIPAA compliance.
Benefit Aspects of Corporate Transactions. We have significant M&A experience and have played a major role in many high profile transactions. In our role as benefits subject matter experts, we advise and counsel on the executive compensation and employee benefit aspects of all types of corporate transactions, including allocation of pension and retiree medical assets and liabilities and post-closing matters related to the integration of new benefit platforms.
Executive Compensation. We regularly counsel employers on executive compensation matters, focusing on plan design and implementation, Internal Revenue Code Sections 409A compliance, employment, retention and severance agreements, SERP arrangements, and SEC compliance (e.g., Sarbanes-Oxley, disclosure, registration requirements, etc.).
ERISA & Benefits Litigation. Eckert Seamans prides itself on close collaboration between its litigators and transactional benefit lawyers, resulting in a team that has been successful in both resolving difficult litigation and avoiding it through proactive client counseling.
Workplace Privacy. Some of the most sensitive and private information about an individual from health to financial data is held by the individual’s employer. Eckert Seamans’ Employee Benefits and Executive Compensation Group counsels employers with regard to the complex issues of workplace privacy, with special emphasis on compliance and complaint resolution with regard to the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA).
Sandra R. Mihok
Kathryn A. English
Paul M. Yenerall
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