Employee Benefits TRANSACTIONAL

We counsel an array of public, private and nonprofit clients as they navigate the complex, ever-changing legal landscape that shapes employee benefits and retirement plans.


Our attorneys help human resources professionals understand and manage the tax, securities and employment law implications of their benefits programs. We also regularly advise employers, boards of directors, and compensation and administrative committees as they design and draft qualified and non-qualified retirement programs, health and welfare plans, and fringe benefit plans, and represent these employers and their plans before government agencies and in litigation. WilmerHale's highly experienced transactional and tax lawyers collaborate to tackle employer concerns that range from negotiating the employee-related issues involved in buying or selling a business to advising on worker classification and employment tax matters.

Experience

Examples of our recent work include:

  • representing semiconductor company Analog Devices in executive compensation and employee benefits matters related to its acquisition of Hittite Microwave;
  • working with Bose to design and implement an early retirement incentive through the company’s pension plan;
  • advising on the integration of 401(k) plans and employer stock funds following Cynosure’s acquisition of Palomar;
  • advising an HR services provider on its Affordable Care Act compliance and reporting initiatives;
  • obtaining a favorable IRS-sanctioned correction of significant compliance issues discovered in pre-transactional due diligence; and
  • assisting in the redesign of staff and executive retirement programs for a tax-exempt hospital system.

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Publications & News

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July 15, 2015

SEC Proposes Compensation Clawback Rules

On July 1, 2015, the Securities and Exchange Commission voted 3-2 to propose new rules requiring national securities exchanges to establish listing standards requiring listed companies to develop, implement and disclose clawback policies.

May 19, 2015

WilmerHale Practices, Lawyers Ranked Among Nation’s Best by Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2015 edition, with WilmerHale ranking among the nation's best in 46 practice area categories. Chambers also ranked 86 WilmerHale attorneys as leaders in their respective fields.

April 2, 2015

Final Section 162(m) Regulations Clarify Transition Rules for Newly Public Companies and the Per Participant Limit Requirement

Following the issuance of proposed regulations in June 2011, the Internal Revenue Service issued final regulations on March 30, 2015 clarifying certain exceptions to the compensation deduction limitation imposed by Section 162(m) of the Internal Revenue Code.

December 8, 2014

A Prescription for the New Massachusetts Sick Leave Law

On November 4, 2014, Massachusetts voters decisively approved a ballot question requiring employers to provide sick leave to employees, adding Massachusetts to a growing list of states (including Connecticut and California) and municipalities (including New York City, San Francisco and Seattle) requiring such leave.

November 4, 2014

U.S. News – Best Lawyers® Release 2015 “Best Law Firms” List, Names WilmerHale International Arbitration “Law Firm of the Year”

The 2015 U.S. News - Best Lawyers® "Best Law Firms" list includes WilmerHale being named a first-tier law firm in 24 national and 62 metro-area rankings. In addition, the firm boasts more than 20 second- and third-tier rankings in several national and metro-area rankings.

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