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Representative Engagements

Administrative Proceedings | Corporate | Employment Law | Executive Compensation | Employee Benefit Plans | Employee Benefit - Taft-Hartley Plans | ERISA Fiduciary, and Prohibited Transaction Analysis | Litigation | Medical Practice Management

Administrative Proceedings

Representation of employee benefits committee required to correct errors of predecessor committee in failing to properly value privately held employer stock held by the employee benefit plan.

Representation of corporation in connection with Department of Labor investigation of propriety of fee charges.

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Conduct internal investigation of corporate stock transactions to determine whether distributions of stock and other equity interests to employees were executed consistent with terms of agreement with venture capital investors.

Guide negotiation of employment agreement for senior executive of privately held company.

Guide negotiation of employment agreement for senior executive of publicly traded company including assembly of documentation of reasonableness of transaction to establish evidence of reasonableness to withstand Sarbanes-Oxley examination.

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Employment Law

Representation regarding employment issues including  non-compete agreements and non-solicitation agreements.

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Executive Compensation

Due to recent changes in the law, corporate compensation committees are under increasing scrutiny and held responsible for executive compensation packages. The firm helps corporations anticipate and respond to federal compliance issues and assists them in developing compensation policies consistent with new regulations. Read articles and links for compensation committee counsel.

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Employee Benefit Plans

Guide transition of 401(k) plan investments between investment companies, including guidance on Sarbanes-Oxley blackout communications.

Guide plan administrative committee on proper process for reviewing denial of medical claim.

Evaluate alternative self-correction methods with respect to operational error in administration of employee benefit plan.

Represent participant in appeal of plan’s denial of individual claim.

Guide review of non-qualified employee benefit plans with respect to new Internal Revenue Code section 409A provisions.

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Employee Benefit - Taft-Hartley Plans

Advise fiduciaries with regard to obligation to report expense reimbursements, including obligations under Forms LM-10 and LM-30.

Advise fiduciaries with respect obligations under Medicare Part D requirements.

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ERISA Fiduciary, and Prohibited Transaction Analysis

Advise plan sponsors and fiduciaries with employee benefits matters including plan design, compliance issues, institutional investment issues, prohibited transaction class exemptions, multiple employer welfare plan issues, provider contracts, ESOPs and fiduciary issues.

Representation before Department of Labor with respect to compliance audits.

Representation before Internal Revenue Service and Pension Benefit Guaranty Corporation with respect to tax compliance and funding waivers.

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On behalf of a technology company, pursue damages for the violation of a restrictive covenant. Case resolved by settlement including recovery of damages for breach of the restrictive covenant.

Defense of corporation in ERISA action where participant of an investor-plan in corporation’s stock alleged breach of fiduciary duty by corporation and its directors in connection with stock repurchase program.

Representation of related employee benefit plans in pursuing contributions from employer. Case resolved by collection of contributions, interest and liquidated damages, including award of attorney fees.

Co-counsel in defense of multiple fiduciaries of several employee benefit plans sued by Department of Labor for alleged breach of fiduciary duty arising from investment in Capital Consultants. Case referred for management through multi-district litigation proceedings. Case settled within insurance limits.

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Medical Practice Management

Representation of medical practice in negotiation of a professional services agreement with a hospital or ambulatory surgical center.

Representation of medical practice in internal investigation of practice issues, including compliance with proper coding standards, and payor audits and investigations.

Preparation of employment agreements and negotiation of restrictive covenants.

Consultation with respect to investigation of bookkeeper theft.

Consultation regarding documentation and reporting to appropriate licensing authorities of misappropriation of controlled substances by staff.

Negotiation of change of control of physician’s practice.

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