Employee Benefits & Compensation

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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 particular types of administrative and compliance concerns may 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 benefits and executive compensation matters, from plan design, administration, and compliance to 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 and frequently advise clients on the IRS and DOL voluntary compliance programs and correcting plan failures.  Our clients include local and national businesses, as well as public employers and not for profit organizations.  We represent publicly traded companies and privately held entities.

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

Employee benefits

  • Retirement plan design, drafting, compliance and administration
    • Qualified retirement plans (e.g.; 401(k), annuity, 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
  • Service provider agreements, including investment management and custodial 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, compliance and administration
    • 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 portability, privacy and security compliance
  • Health care reform compliance (Patient Protection and Affordable Care Act)
  • ERISA fiduciary duty obligations and liability
  • ERISA litigation
  • Voluntary correction issues with the IRS and DOL
  • Government audits of employee benefit plans (e.g. IRS, DOL, PBGC)

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
  • Deferred compensation and Code Section 409A compliance
  • Split-dollar and other insurance arrangements

Recognitions

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

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Labor & Employment Law Update: www.laborandemploymentlawupdate.com

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