Employee Benefits and Executive Compensation

Representative Experience

  • Represented large industrial manufacturing company in sale of holding company owned by a family and an ESOP; spin-off of all assets except one operating subsidiary.  Required sophisticated tax, environmental and retirement plan advice and documentation.
  • Advised Buckeye Pipeline Services Co. with the benefits risks and analysis associated with its company-wide multi-jurisdictional workforce reorganization, including the implementation of voluntary and involuntary reduction programs designed to avoid partial plan termination events.
  • Assisting national employer with numerous acquisitions of corporate entities and merging the latters’ 401(k) plans into client’s 401(k) plan, with reference to merging fund assets and plan features in a method advantageous to the combined entity.
  • Represented national employer sponsor of a large defined contribution plan in connection with multiple plan operational failures and preparation of an IRS compliance application to ameliorate the failures and restore the plan’s operational compliance.
  • Advised and assisted national energy distribution company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.
  • Counseled First Capital in connection with $7.5 million multi-facility loan to Gardner Glass Products, Inc., and its affiliates, with respect to matters related to the ownership of the company by an employee stock ownership plan (an ESOP). Gardner Glass is a glass and mirror manufacturing company based in North Carolina.
  • Advised and assisted e-Commerce company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.
  • Consultations with numerous clients regarding the application of various Affordable Care Act provisions (i.e., Health Reform) to the clients' large self-funded health plans.
  • Assisted healthcare client with redesign and drafting of amended and restated phantom stock plan and plan award-related documents.
  • Assisted Ilim Timber Industry, a large Russian timber processing company, in its $55 million acquisition of Tolleson Lumber Co. in connection with the employee benefits aspects of the transaction.
  • Conducted a full benefits compliance and best practices audit of a national energy company's qualified and non-qualified plans.
  • Advised client in establishing plan governance structure for multiple employee benefit plans, including providing ERISA compliance and fiduciary responsibility advice for plan committee operations.
  • Represented client in nationwide joint venture formation involving multiple 401(k) retirement and self-funded medical plans; designed protocols for administering multiple plans on an ongoing basis post-transaction.