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Employee Benefits & Executive Compensation

Services:
  • Employee Benefits
    • Drafting and design
      • Tax-qualified plans
        • Pension plans
        • 401(k) plans
        • Hybrid plans (e.g., cash balance plans)
        • ESOPs
      • Welfare plans
        • Health benefit plans
        • Severance plans
        • Long-term and short-term disability plans
        • Cafeteria and flex plans
        • Fringe benefit policies
    • Operational compliance
      • Determination letter applications
      • Correcting compliance problems
      • IRS/Department of Labor audits
    • HIPAA compliance
      • Training
      • Privacy and security policies
    • COBRA compliance
    • Mergers, acquisitions, and other business transactions
      • Negotiating employee and employee benefit terms
      • Transfers of benefit obligations
      • MEPPA withdrawal liability
    • Bankruptcy and underfunded plans
    • Fiduciary counseling and litigation
      • Disputed benefit claims
      • Private equity fund investments
      • Prohibited transactions
  • Executive Compensation
    • Drafting and design
      • Equity arrangements
        • Stock option plans
        • Restricted stock plans/agreements
        • Stock appreciation rights plans
        • Phantom stock/unit plans
        • Employee stock purchase plans
      • Employment agreements
      • Change in control plans/agreements
      • Deferred compensation arrangements
        • Supplemental retirement and 401(k) plans
        • Rabbi trusts
      • Long-term incentive plans
      • Performance (162(m)) plans
      • Split-dollar life insurance
    • 409A compliance
    • Separation agreements
    • Securities compliance
      • Corporate governance/compensation committee best practices
      • Proxy disclosures
      • Registration statements
      • Prospectuses
  • ESOPs
    • Exit strategies
    • Leveraged buyout ESOPs
    • Non-leveraged ESOPs
    • Seller-financed ESOPs
    • S corp ESOPs
To attract, retain, and cultivate the highest caliber talent, employers—those with thousands of employees or just a few—must devise and administer mutually beneficial, leading-edge compensation and benefit packages that comply with continuously evolving laws and regulations. Lowenstein Sandler’s Employee Benefits & Executive Compensation practice represents employers and executives in all types of employee benefit and executive compensation matters, drawing on comprehensive knowledge of related corporate, tax, employment, labor, and securities laws. Chambers USA: America's Leading Lawyers for Business notes that "firm has a growing presence in this arena, and is cementing a solid reputation in the transactional and fiduciary area involving funds and joint ventures." 

Lowenstein Sandler attorneys help clients create custom employee benefit programs and guide them through the implementation and administration processes. Throughout, we collaborate with a range of professionals, including investment advisers, actuaries, benefit consultants and administrators, financial consultants, banks, insurance companies, and other financial institutions. We also advise clients on ERISA fiduciary obligations and prohibited transaction rules, and we handle fiduciary litigation. Additionally, our attorneys advise corporate clients and individual executives on drafting and negotiating a variety of executive compensation packages, employment agreements, and equity and synthetic equity arrangements. We have significant experience in transactions involving employee stock ownership plans (ESOPs), having represented both selling shareholders and ESOP trustees in many leveraged ESOP transactions.

Our clients range from employers (both publicly traded and closely held) with thousands of employees to employers with just a few employees, and also include large public and private pension funds, private equity firms, senior executives, trustees, financial institutions, and many more.

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