Employee Benefits and Executive Compensation
Nossaman advises clients on the entire spectrum of employee benefits and executive compensation, including qualified pension and 401(k) plans, executive equity, employment agreements, incentive and reward programs, health and welfare programs, severance pay plans and policies, and Section 125 "cafeteria" plans. With our collective experience in corporate and employment law, we help our clients understand the broader implications of benefit plan designs and how to implement and administer them.
Our focus is a multi-disciplinary approach to statutory and regulatory challenges, opportunities, and disputes to achieve the employer's business goals in attracting and retaining an effective workforce.
Nossaman counsels start-up, developing, and established businesses in designing and implementing cost-effective employee benefit programs. We advise buyers and sellers in connection with ERISA and the employee benefit implications of mergers, acquisitions, restructurings, and other corporate transactions, including joint ventures and employee leasing arrangements.
We help employers, plan fiduciaries, and employee benefit plan service providers to meet applicable statutory and regulatory requirements. Our benefit plan work includes preparation of plan documents, amendments, enabling resolutions, summaries, and participant notices and communications.
We regularly advise plan sponsors and plan fiduciaries concerning their fiduciary obligations under ERISA and other plan governance requirements relative to benefit plan investments, participant loans, transfers of plan assets, and similar transactions involving plan operations.
We are familiar with the recently adopted regulations under Internal Revenue Code Section 409A applicable to deferred compensation arrangements under non-qualified plans, and we advise our clients concerning the "golden parachute" payment provisions under I.R.C. Section 280G and its regulations. When necessary, we also provide a cost-effective defense to employee benefits litigation.