Employee Benefits TRANSACTIONAL

In designing, offering and maintaining attractive and effective employee benefit programs, employers must navigate a complex and everchanging regulatory landscape. Human resources professionals must stay on top of tax, securities and employment law implications of their benefits programs. Our expertise encompasses qualified and non qualified retirement programs, heath and other welfare plans, and fringe benefit plans, and involves design, drafting and operational compliance. We regularly advise employers, their Boards of Directors, and compensation and administrative committees on their fiduciary duty in the administration and management of ERISA plans, and represent these employers and their plans before government agencies and in litigation. Together with other members of the Tax Practice Group, we also advise on worker classification and employment tax matters. This collaboration exemplifies a key strength of our practice group: the close working relationship among experts in all of the related practice areas necessary to the successful implementation and operation of these programs, including tax, labor and employment, corporate and securities, and—at times—bankruptcy and litigation.

Transactional Experience

We have considerable experience in representing our employer clients in connection with business transactions. As part of WilmerHale’s Transactional team, we regularly negotiate the employee–related issues involved in buying or selling a business, including the adapting of employee benefit programs, the continuity of benefit plans, and diligencing and correcting operational issues of target businesses.

Tax-Exempt Employers

We have a premier practice in the representation of colleges, universities, hospitals and other tax-exempt employers. Several of our lawyers practice principally in the tax-exempt sector, and the group’s clients include prominent colleges and universities across the country, major teaching hospitals and unique tax-exempt institutions. We bring to our clients deep experience in the specific issues tax-exempt institutions face, such as the application of intermediate sanctions or the difficult rules applicable to executive compensation.

In these specialized areas, as well as in the ongoing benefit needs of public and private employers, we provide our clients with practical guidance on the application of tax, securities and ERISA law.

In designing, offering and maintaining attractive and effective employee benefit programs, employers must navigate a complex and everchanging regulatory landscape. Human resources professionals must stay on top of tax, securities and employment law implications of their benefits programs. Our expertise encompasses qualified and non qualified retirement programs, heath and other welfare plans, and fringe benefit plans, and involves design, drafting and operational compliance. We regularly advise employers, their Boards of Directors, and compensation and administrative committees on their fiduciary duty in the administration and management of ERISA plans, and represent these employers and their plans before government agencies and in litigation. Together with other members of the Tax Practice Group, we also advise on worker classification and employment tax matters. This collaboration exemplifies a key strength of our practice group: the close working relationship among experts in all of the related practice areas necessary to the successful implementation and operation of these programs, including tax, labor and employment, corporate and securities, and—at times—bankruptcy and litigation.

Transactional Experience

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Experience

Examples of our recent work includes:

  • Advising an association of more than 15 unrelated employers on the maintenance of common benefit arrangements
  • Obtaining a favorable IRS-sanctioned correction of significant compliance issues discovered in pre-transactional due diligence
  • Assisting in the redesign of large retirement programs in both the tax-exempt and for-profit sector in the wake of new IRS regulation
  • Providing guidance on the inclusion of employer stock as an investment alternative in rank-and-file retirement plans.
  • Providing in-depth advice to a public company in correcting operational errors in its deferred compensation programs
  • Representing a major non-profit institution in a favorable resolution of state employment tax credit relatng to payroll practices and procedures.

Publications & News

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October 7, 2014

Park Square, EY and WilmerHale Release 15th Annual Tech and Life Sciences Compensation and Entrepreneurship Study

According to an executive compensation study of private businesses released today, non-founder C-suite executives at life sciences and healthcare companies saw their cash compensation increase by 4.2 percent year-over-year, while comparable executives at private technology firms experienced an average increase of 3 percent.

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

October 15, 2013

14th Annual Tech and Life Sciences Compensation and Entrepreneurship Study Released

According to an executive compensation study of private businesses released today, non-founder C-suite executives at life sciences and healthcare companies saw their cash compensation increase by three percent year-over-year, while comparable executives at private technology firms experienced an average increase of 1.6 percent.

June 7, 2012

Chambers USA 2012 Final Results Announced

November 30, 2010

Reporting to IRS Required for 2010 Incentive Stock Option Exercises and ESPP Stock Transfers