Practices

Employee Benefits and Executive Compensation

Employee benefits and executive compensation are subject to the increasingly complex interplay of trends in corporate governance, regulation and litigation. Navigating such matters requires knowledge of ERISA, tax, corporate, securities, employment and labor laws. We guide companies, from middle market to Fortune 50, fiduciary committees and senior executives through legal complexities with creative and practical advice that is rooted in the business objectives of our clients. We concentrate in the following areas:

Executive Compensation
We advise clients in all forms of executive compensation programs and in related funding vehicles, including equity-based programs, non-qualified deferred compensation plans, short-term and long-term incentive and performance compensation programs, change-in-control programs, and “rabbi” trusts. We also advise clients regarding golden parachute, section 162(m) and section 409A matters.

Transactions
We advise clients regarding the employee benefit and compensation matters related to mergers, acquisitions and private equity transactions, including managing post-transaction issues relating to integrating or separating benefit plans and compensation programs. We also work with lenders and borrowers to structure and negotiate the ERISA aspects of various credit facilities.

C-Suite Counseling
We counsel senior executives and management teams regarding compensation and employee benefit issues, generally, and related to mergers and acquisitions and other corporate transactions.

Investment Funds
We represent the sponsors and managers of private investment funds, advising them on ERISA and related tax issues that may affect private funds, their investors, sponsors or managers. We also assist private funds and other clients in complying with prohibited transaction exemptions.

Investment-Related Advice
We regularly advise benefit plans on their investment activities and assist plan asset investors with the review and negotiation of their alternative investments.

Retirement Plans
We advise on the spectrum of issues related to all forms of qualified retirement plans, including defined benefit pension plans, 401(k) plans, money purchase plans and collectively bargained plans. We have extensive experience with both leveraged and non-leveraged employee stock ownership plans (ESOPs), and work closely with our firm’s ERISA litigation team in its representation of clients in IRS and U.S. Department of Labor investigations and litigation regarding these plans.

Government Agencies
We are experienced in handling administrative matters before the IRS, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation, and the U.S. Department of Health and Human Services including reporting requirements, audits and correction program filings.

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Practice Lawyers

Samuel S Choy
Atlanta

Mark P Kelly
Atlanta

Donna W Edwards
Atlanta

Laura Westfall
New York

Ryan Gorman
Atlanta

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