Kenneth A. Raskin

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Kenneth Raskin

NEW YORK
T: +1 212 556 2162
F: +1 212 556 2222

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Ken Raskin is a partner and Chair of King & Spalding’s Employee Benefits & Executive Compensation Practice and is resident in the New York office. His practice concentrates in executive compensation and employee benefits law. He counsels clients in the creation, structure and communication of tax-qualified retirement plans and welfare benefit plans, assisting clients in maintaining IRS and ERISA compliance and in negotiating the resolution of qualification problems under the IRS’ and DOL’s compliance resolution programs. He also assists clients in establishing and maintaining non-qualified plans of deferred compensation (e.g., “top-hat plans” and “ERISA-excess plans”) and in developing funding mechanisms for these plans such as “rabbi trusts.” He advises plan trustees, bank trust departments and other fiduciaries regarding ERISA and its investment requirements, and fiduciary issues and responsibilities. He provides transactional counsel in mergers and acquisitions regarding financings, takeover defenses and a variety of other transactions.

Mr. Raskin advises both corporate and individual clients on executive compensation issues. He provides counsel in the design and negotiation of executive employment contracts, incentive compensation arrangements, stock option plans, non-compete agreements, severance arrangements and parachute plans. He also counsels investment fund sponsors, investing plans and lenders on the fiduciary and other implications of ERISA’s “plan assets” regulation.

Mr. Raskin is nationally recognized for his expertise by Chambers USA, Best Lawyers in America, PLC Which Lawyer? and the Legal 500.  He is a frequent speaker and author, and he is often quoted in industry publications such as The Deal, Metropolitan Corporate Counsel, BNA Corporate Accountability Report, and Dow Jones International News.

Publications and Speeches

  • Speaker, ABA Section of Taxation Conference, “Employee Benefits Mergers and Acquisitions Update,” May 2013

  • Speaker, Practising Law Institute: ERISA: The Evolving World 2012, Determination Letters / IRS and DOL Correction Programs; Reporting and Disclosure; Employment and Labor Laws, August 6, 2012

  • Moderator, 64th Annual National Plan Sponsor Council of America (PSCA)  Conference, Company Roundtable, September 20, 2011

  • Panelist, 64th Annual National Plan Sponsor Council of America (PSCA)  Conference, “ERISA Fiduciary Boot Camp: Selecting and Monitoring a Service”, September 22, 2011

  • Panelist, Defined Contribution Conference, “Pension & Investments,” October 24-26, 2010

  • Panelist, The Conference Board 2010 Executive Compensation Conference, “Contracts, Clawbacks and Perks,” September 28, 2010

  • Lecturer, PSCA National Conference, “Fiduciary Outsourcing for Defined Contribution Plans: Background and an Evaluation Framework for Plan Sponsors," September 22, 2010

  • Co-author, “Pay wall,” The Deal, September 17, 2010

  • Panelist, Money-Media Webinar, “How Will the Financial Reform Bill Impact Corporate Boards”, July 2010

  • Featured in “Ken Raskin Joins King & Spalding as Chair of its Benefits and Compensation Practice,” Metropolitan Corporate Counsel, June 2010

  • Panelist, The Profit Sharing/401k Council of America’s 62nd Annual National Conference and Exhibition, Scottsdale, AZ, September 23, 2009

  • Co-author, “The Intricate Web of Plan Amendments Explained,” Pension and Benefits Week, November 4, 2008, Volume 14, No. 31

  • Lecturer, “Employee Benefits Adviser’s Raw Bar Podcast: LaRue v DeWolff, Boberg & Associates Inc. et al.” Employee Benefits Adviser, February 25, 2008

  • Co-author, “The Final 403(b) Regulations – Long-Awaited Answers and New Opportunities,” Bloomberg Employee Benefits Law Report, January 2008

  • Host and Panelist, The Profit Sharing Council of America’s Profit Regional Plan Sponsor event, New York, October 30, 2007

  • Co-Author, “ERISA And Severance Pay Arrangements,” Employee Benefit Plan Review, October 2007

  • Lecturer, on “Compliance: Mergers and Acquisitions,” at the Profit Sharing Council of America’s 2007 National Conference and Exhibition, Rancho Mirage, CA, September 24-27, 2007

  • Co-author, “Are 401(K) Fees the Next Wave of Litigation?” Bloomberg Corporate Law Journal, Spring 2007

  • Co-author, “Guidance on Investment Advice for 401(k) Participants,” Employment Law 360, March 30, 2007

  • Lecturer, New York State Bar Association’s program on the New World of Deferred Compensation under Section 409A of the Internal Revenue Code, December 5, 2006

  • Lecturer, American Conference Institute’s conference on Options Granting Investigations, New York, October 2006

  • Co-author, “Options Backdating: Plenty to Worry About,” Financial Executives International, October 2006

  • Lecturer, 59th National Profit Sharing 401(K) Conference, Amelia Island, Florida, September 13-15, 2006

  • Co-author, “Backdating,” New York Law Journal, September 2006

  • Co-author, “Preventing Executive Compensation from Derailing M&A Deals,” Directors & Boards, Fall 2006

  • Co-author “Everything You Always Wanted to Know About Backdating but Weren’t Sure What to Ask,” Bloomberg’s Corporate Law Journal, Fall, 2006

  • Co-author, “Pension Bill Remains in Quagmire over DB Plan Issues -- Renewed Effort Required on Permanency of 2001 Pension Provisions,” PSCA.org Executive Report, July 2006

  • Co-author, “FASB Clarifies Meaning of ‘Grant Date’ for Equity Awards Under FAS 123(R),” Benefit Law Journal, Spring 2006

  • Lecturer, Practicing Law Institute’s Program on Pension Plan Investment 2006, May 2006

  • Co-author, “Hung Out to Dry—Scrutiny of Remuneration Schemes Could Threaten U.S. Deals,” Mergers and Acquisitions Magazine, April/May 2006

  • Co-author, “Actions to Take in 2006 and Beyond in Response to New IRS Rules on Deferred Compensation,” Bloomberg Corporate Law Journal, Winter 2006

  •  “How To Solve the Top Nine 401(k) Compliance Mistakes,” Managing 401(k) Plans, February 8, 2006

  • Lecturer, 58th National Profit-Sharing 401 (k) Conference, San Diego, September 20-23, 2005 “Effective Date of the New Automatic Rollover Rules Is Fast Approaching,” PSCA.org Executive Report, March 28, 2005

  • Co-author, “Sweeping Nonqualified Deferred Compensation Legislation Signed Into Law,” PSCA.ORG Executive Report Online, November 2004

  • Co-author, “Proposed Legislation Could Lose Hedge Funds ‘Deemed’ Investment,” HedgeWorld, October 2004

  • Co-author, “DOL Proposes Regulation with Respect to Automatic Rollovers,” Profit Sharing, May/June 2004

  • Co-author, “Implementing an International Equity-Based Compensation Programme,” Global Counsel Handbooks – Labour and Employee Benefits 2003/4

  • Lecturer, The ERIC-Aon Consulting Fall Benefits & Compensation Conference, October 2003

  • Co-author, “Optional Benefit Forms Could Be Eliminated Under New IRS Proposal,” Profit Sharing, September/October 2003

  • Co-author, “Simplified Voluntary Correction Program Updated,” Profit Sharing, September/October 2003

  • Co-author, “Officers and Directors of Public Companies May Be Restricted from Accessing Their Plan Loans,” Employee Benefit Plan Review, September 2003

  • Co-author, “Conversions and/or Mergers of Money Purchase Pension Plans into Profit-Sharing Plans, ”Profit Sharing, January/February 2003

Professional Associations and Memberships

  • Board Member for The Plan Sponsor Council of America (PSCA)

  • New York State Bar Association

  • American Bar Association

  • Legal and Legislative Committee of the Plan Sponsor Council of America

Awards and Recognition

  • Chambers USA, 2005 - 2013

  • The Best Lawyers in America, 2005 - 2014

  • PLC Which Lawyer?, 2005 - 2012

  • New York Super Lawyers 2006 - 2013
MEMBERSHIPS
New York State Bar Association
American Bar Association
Board Member for The Plan Sponsor Council of America (PSCA)

EDUCATION
J.D., St. Johns University
M.B.A., SUNY at Binghamton
B.A., University of Vermont

ADMISSIONS
New York