- Corporate organization and governance.
- Conduct internal investigation of corporate stock transactions, compensation programs, and suspected misfeasance.
- Guide negotiation of employment agreements for senior executives of privately held companies.
- Corporate risk management.
Employment Law services:
- Representation regarding employment issues including non-compete agreements and non-solicitation agreements.
Executive Compensation services:
- Corporate compensation committees are under increasing scrutiny and held responsible for executive compensation packages. I have worked with corporations to anticipate and respond to federal compliance issues and assists them in developing compensation policies consistent with new regulations.
Employee Benefit Plan services:
- 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 Internal Revenue Code Section 409A provisions.
Administrative Proceedings services:
- 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.
Employee Benefits – 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 to obligations under Medicare Part D requirements.
ERISA Fiduciary and Prohibited Transaction Analysis:
- Advise plan sponsors and fiduciaries on 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.