BackERISA, Employee Benefits, and Executive Compensation


The NMRS Executive Compensation and Employee Benefits Team counsels clients on a variety of employee benefits and executive compensation matters. With the stream of technical legislation and regulatory guidance forcing employers and plan fiduciaries to constantly review and redesign compensation and benefits programs, our experienced team of senior advisors works with our clients to understand the practical impact of the law and cope with the latest government guidance or case law. We provide our clients with active and direct partner-level attention, while maintaining cost-effective execution. Our partners are involved, accessible, and responsive. Several of our team members have operated as in-house counsel and bring an understanding of business practicalities to the legal advice and counsel provided to clients. The team is proactive, regularly producing client alerts that keep companies up to date with new rules and regulations, and periodically providing webcasts and seminars to keep clients abreast of the latest issues in the compensation and benefits fields.


Our attorneys regularly handle a range of issues that affect deferred compensation and equity and non-equity executive incentive plans, 401(k) plans, profit sharing plans, ESOPs, pension plans (including cash balance plans), health and welfare benefit plans, employment and severance agreements and fringe benefit plans. We often work with our clients on "compliance audits," including ACA and HIPAA compliance as well as tax-qualification and fiduciary compliance. Our ERISA litigators provide representation on matters involving benefit plans, fiduciaries, and benefit plan providers.

Recent matters have included:

  • Stock options, restricted stock, RSUs, performance-based awards and SARs for corporations
  • Profit sharing interests and related options for LLCs
  • Section 457 and 403(b) deferred compensation plans for nonprofit corporations and educational institutions
  • 409A-compliant synthetic awards such as phantom stock units and phantom appreciation rights
  • Executive employment and severance contracts and change of control agreements, including clawback features and 409A compliance provisions
  • Section 162(m) and Section 280G issues
  • 409A corrections
  • Qualified retirement plan restatements and IRS determination letter filings
  • Termination of plans in connection with a merger/acquisition
  • Prohibited transaction analysis and PBGC reportable event filings and negotiations
  • IRS and DOL voluntary correction programs
  • ACA Exchange Notices
  • HIPAA privacy breach investigation
  • "Play or Pay" analysis under ACA
  • "Wrap" welfare plan documents
  • PEO and leased employee welfare plan coverage
  • Retiree medical plan redesign
  • Coordination of health plan, disability plans and leave of absence program
  • RIF program and window severance plan
  • DOL Audit of COBRA compliance
  • Negotiation of trustee and service provider agreements, including BAAs
  • Fiduciary committee charter and delegation of authority
  • Investment policy statements; investment manager agreements
  • Claims procedures and responses to specific claims
  • Same-sex spouse dependents; plan amendments and administration
  • Governmental pension plans and health and welfare plans