Employee Benefits & Executive Compensation in Corporate Contexts
Employee benefits issues arise in numerous corporate law contexts, from the need to review and regularize employee benefit plan structures and coverage in M&A settings to ongoing corporate counseling and planning regarding employee compensation. Crowell & Moring's Corporate Group includes seasoned employee benefits attorneys who can assist clients in analyzing and resolving the full range of employee benefits issues, including:
- Employee benefits issues in due diligence and deal documents;
- Incentive compensation arrangements, including those governed by Internal Revenue Code section 409A, "vest and pay" or short-term deferral arrangements and separation pay plans, as well as arrangements providing for "profits interests" or "carried interests" in partnerships and LLCs, including investment funds;
- Determinations of potential liability related to parachute plans and deduction limitations regarding executive compensation;
- The transfer and/or combination of plan documents and underlying benefits;
- General plan and contract drafting of retirement and pension plans and related documentation (such as summary plan descriptions and summary of material modifications) as well as health and welfare plans, including major medical plans, medical savings accounts, cafeteria plans, vacation policies, severance plans, and retention and employment agreements;
- Issues related to fiduciary and prohibited transaction liability under ERISA and the Internal Revenue Code;
- Corrections programs and agency audits.