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Employee Benefits and Executive Compensation

Witherspoon Kelley lawyers have expertise in all facets of employee benefits, ERISA, and executive compensation law. This highly-specialized area of law has grown significantly in recent years because of congressional, regulatory, and shareholder concerns and oversight. Witherspoon Kelley assists clients on a daily basis in complying with the Internal Revenue Code, ERISA, COBRA, EESA/ARRA, and other state and federal laws that regulate employee benefits and executive compensation.

Employee Benefits and Executive Compensation attorneys at Witherspoon Kelley have expertise in designing, drafting, reviewing, and implementing the following:

  • Deferred compensation plans, including 409A compliance and corrections
  • Employment agreements
  • Equity compensation programs
  • ERISA compliant plans and corrections under EPCRS
  • Executive compensation programs
  • Golden parachute agreements
  • Retirement plans, qualified and nonqualified
  • Self funded health and welfare plans
  • Severance plans and agreements
  • Short and long term incentive plans
  • Welfare benefit plans

Representative Employee Benefits and Executive Compensation Work:

  • Modifying and implementing deferred compensation arrangements to comply with Internal Revenue Code Section 409A for a multitude of clients, large and small.
  • Amending, terminating and transitioning employee benefit programs in conjunction with the sale of Empire Health Services (Deaconess and Valley Hospitals).
  • Executive compensation compliance and reporting for our public company clients, in cooperation with our Corporate and Securities practitioners.
  • Counseling a wide variety of clients regarding equity compensation, from designing and implementing stock option or equity incentive plans to individual option or stock grant and exercise issues.
  • In collaboration with lawyers in our employment  group, negotiating and drafting executive employment, severance, and retirement agreements involving complex tax and benefit issues.

 Practitioners of Employee Benefits and Executive Compensation Law:

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