Employee Benefits and Executive Compensation

Overview

Tannenbaum Helpern clients rely on our attorneys to structure executive compensation packages and advise on special circumstances companies face when attracting and retaining executives, including CEOs, COOs, CFOs and others in similar roles. We are experienced in the negotiation and preparation of executive employment agreements, incentive compensation plans, and severance agreements. Our attorneys provide ERISA advice on employee benefit plans in corporate and nonprofit environments, and for governmental plans providing retirement, health, and other employee welfare benefits. We negotiate, draft, and provide counsel on employment agreements, commission agreements, non-competition, non-solicitation and confidentiality agreements, and sale bonus agreements, among others.

We also advise employers and employees in M&A transactions in equity and incentive compensation, which includes stock options, restricted stock and “phantom equity," deferred compensation plans, and executive employment and severance agreements.

Our clients include those in all major industries, including finance and private equity, real estate, medical, legal, construction, clean energy, fashion, and talent acquisition.

Our representative experience includes:

• Advised employers on corrections of errors and failures in qualified retirement plans, including late contributions to 401(k) plans, delinquent Form 5500 filings, U.S. DOL ERISA investigations and obtaining Voluntary Correction Program (VCP) compliance statements for employers’ qualified retirement plans.
• Advised on and prepared equity compensation plans and deferred compensation plans for employers, including the design and terms of incentive and equity compensation, including transaction bonuses and “golden parachute” 280G issues.
• Provided compensation and ERISA support to seller clients in acquisitions by publicly traded strategic buyers and private equity funds.
• Advised administrators of group health plans on questions and issues relating to the Patient Protection and Affordable Care Act (ACA), COBRA, HIPAA and related federal regulation of health plans.