Every business needs to attract and retain top talent. A competitive benefits and compensation package is an important recruiting and retention tool, but maintaining these packages comes with risk. Evolving legal requirements can create compliance challenges, particularly during times of business transition.
At Mitchell Williams, our employee benefits and executive compensation attorneys have extensive legal services experience in tax, employee benefits and executive compensation. We work with employers in diverse industries and business models providing practical, resourceful and client-focused legal counsel to help navigate the complex issues associated with employee benefit or executive compensation programs.
Retirement Plans
Our employee benefits and executive compensation lawyers have hands-on experience administering qualified retirement plans, including resolving plan correction and fiduciary questions. We assist clients with all aspects of design, documentation, operation, reporting, and compliance with ERISA, Department of Labor, and Internal Revenue Code requirements for 401(a) qualified plans (defined contribution and defined benefit), profit-sharing plans, 403(b) plans, 401(k) plans and 457 plans. We also have experience with governmental and church plans.
Health and Welfare Plans
We advise clients on all types of health and welfare plans, including insured and self-funded group health plans. We also assist with Affordable Care Act and COBRA compliance and with the design and implementation of:
- Multiple employer welfare arrangements
- Disability and life insurance plans
- Cafeteria plans
- Medical reimbursement plans
- Transportation plans
- Flexible benefit plans
- Severance plans
- Educational assistance plans
Executive Compensation
Publicly-traded, private and tax-exempt employers engage our law firm and team of lawyers for counsel on executive compensation issues, including:
- Non-qualified deferred compensation plans
- Performance-based incentive program
- Special considerations for deferred compensation of non-profit executives
Equity-Based Compensation
Our team of employee benefits and executive compensation attorneys counsels publicly-traded and private employers on equity-based compensation issues, including design and documentation, stockholder approval and proxy materials and employee communications. Our experience includes:
- Incentive and non-statutory stock options
- Restricted stock and restricted stock units
- Stock appreciation rights
- Phantom stock
- Employee stock purchase plans
- Annual and long-term incentive plans
Mergers and Acquisitions
During corporate transitions, our lawyers regularly participate in the employee benefits and executive compensation aspects of corporate transactions, including due diligence review.