Home Home About Us Practice Areas Our Attorneys Press & Publications Events Diversity Pro-Bono Careers Advertising, Marketing & Promotions Benefits & Compensation Corporate Digital Media, Technology & Privacy Entertainment, Media & Sports Insolvency, Creditors’ Rights & Financial Products Intellectual Property Labor & Employment Litigation private client Services Real Estate Taxation
FOLLOW US:

Davis & Gilbert is the leading counsel to clients in service industries that depend upon the talent of individual employees. We recognize that our clients’ success depends on appropriately attracting, retaining and rewarding key personnel and other employees through creative, unique and tax-advantaged compensation and benefit programs. We are also keenly aware that compensation and benefit programs must be carefully structured to protect our clients from the risks associated with maintaining these programs.

THE DAVIS & GILBERT ADVANTAGE
Our full-service Benefits & Compensation practice group affords clients the advantage of the firm’s deep, longstanding penetration into talent-driven service industries. Because we know these businesses so well, we have unique insight when it comes to structuring and dealing with executive compensation programs and employee benefit plans. Our experience allows us to achieve two equally-important objectives: to help our clients create and maintain compensation and benefit programs that are beneficial for their employees; and to protect our clients against any and all liability that may arise in connection with these programs.

OUR CLIENTS
We represent employers of all types, including large publicly-held corporations, private mid-size companies, family-owned businesses, partnerships, tax-exempt entities and startups. We service a variety of industries including advertising, investment banking, finance, communication, insurance, fitness and apparel. We also represent executives in compensation negotiations with their employers.

OUR PRACTICE
The need to attract, retain and reward employees, and to limit liability, creates many issues for our clients – issues we resolve with innovative and cost-effective solutions. Our areas of focus include executive compensation programs, such as equity plans, deferred compensation plans and phantom equity plans, as well as qualified plans and welfare plans. Our attorneys offer expertise on all matters relating to executive compensation and employee benefits, including plan design, administration and termination. Benefits and compensation plans and programs have become subject to new laws and regulations in recent years, and the pace of regulation continues to accelerate. Davis & Gilbert attorneys frequently communicate these developments with our clients so that they are aware of current legal issues and best practices. We also represent clients in litigation matters involving ERISA and ancillary claims, equity compensation/stock option disputes and employment-related claims.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:

Executive Compensation
  • Executive compensation arrangements and negotiations
  • Non-qualified deferred compensation
  • Section 409A compliance
  • Phantom equity programs
  • Stock options
  • Restricted stock
  • Stock purchase
  • Complex omnibus equity plans
  • Application of tax law, federal securities law, blue-sky laws and accounting rules
  • International equity and compensation arrangements
Qualified Plans
  • Design, administration and termination
  • IRS determinations
  • Distributions
  • Cost-saving measures
  • Changes in the law
  • Plan loans and QDROs
  • Correction methods
  • IRS, Department of Labor and Pension Benefit Guaranty Corporation issues, audits and compliance problems
Fiduciary Compliance
  • ERISA obligations of plan committees and other fiduciaries
  • Section 404(c) compliance
  • 401(k) fees and expenses
  • Employer stock issues
  • TPA agreements and negotiations
  • Breach of fiduciary duty
  • Prohibited transactions
  • VCOC and REOC
  • Applications under the Voluntary Fiduciary Correction Program to the U.S. Department of Labor
Health and Welfare Plans
  • Affordable Care Act planning and compliance
  • Health savings accounts (HSAs) and health reimbursement accounts (HRAs)
  • Medical, dental, vision, disability and life insurance plans
  • Wellness programs, educational assistance plans and transportation plans
  • Cafeteria and flexible spending account plans
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Mental Health Parity Act
  • Newborns' and Mothers' Health Protection Act
  • State and local laws (e.g., Massachusetts and San Francisco)
  • Funding arrangements for welfare plans, such as Voluntary Employees' Beneficiary Associations (VEBAs)
  • Multiple employer welfare arrangements
Mergers & Acquisitions
  • Due diligence and risk assessments
  • Merger, consolidation and spin-off considerations and structures
  • Unfunded pension and retiree medical liabilities
  • Asset transfers of overfunded and underfunded pension plans
Benefits & Compensation Related Litigation
  • ERISA litigation
  • Ancillary claims brought under federal and state law
  • Americans with Disabilities Act claims
  • Age discrimination in Employment Act claims
  • Disputes involving stock options and other equity compensation
  • Contract breaches
  • Trade secrets and other restrictive covenants

 

CONTACT US

For additional information on Davis & Gilbert’s Benefits & Compensation Practice, please contact:

Mark E. Bokert
212.468.4969
mbokert@dglaw.com

 


OUR CLIENTS
We represent employers of all types, including large publicly-held corporations, private mid-size companies, family-owned businesses, partnerships, tax-exempt entities and startups. We service a variety of industries including advertising, investment banking, finance, communication, insurance, fitness and apparel. We also represent executives in compensation negotiations with their employers.

OUR PRACTICE
The need to attract, retain and reward employees, and to limit liability, creates many issues for our clients – issues we resolve with innovative and cost-effective solutions. Our areas of focus include executive compensation programs, such as equity plans, deferred compensation plans and phantom equity plans, as well as qualified plans and welfare plans. Our attorneys offer expertise on all matters relating to executive compensation and employee benefits, including plan design, administration and termination. Benefits and compensation plans and programs have become subject to new laws and regulations in recent years, and the pace of regulation continues to accelerate. Davis & Gilbert attorneys frequently communicate these developments with our clients so that they are aware of current legal issues and best practices. We also represent clients in litigation matters involving ERISA and ancillary claims, equity compensation/stock option disputes and employment-related claims.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:



Executive Compensation
  • Executive compensation arrangements and negotiations
  • Non-qualified deferred compensation
  • Section 409A compliance
  • Phantom equity programs
  • Stock options
  • Restricted stock
  • Stock purchase
  • Complex omnibus equity plans
  • Application of tax law, federal securities law, blue-sky laws and accounting rules
  • International equity and compensation arrangements
Qualified Plans
  • Design, administration and termination
  • IRS determinations
  • Distributions
  • Cost-saving measures
  • Changes in the law
  • Plan loans and QDROs
  • Correction methods
  • IRS, Department of Labor and Pension Benefit Guaranty Corporation issues, audits and compliance problems
Fiduciary Compliance
  • ERISA obligations of plan committees and other fiduciaries
  • Section 404(c) compliance
  • 401(k) fees and expenses
  • Employer stock issues
  • TPA agreements and negotiations
  • Breach of fiduciary duty
  • Prohibited transactions
  • VCOC and REOC
  • Applications under the Voluntary Fiduciary Correction Program to the U.S. Department of Labor
Health and Welfare Plans
  • Affordable Care Act planning and compliance
  • Health savings accounts (HSAs) and health reimbursement accounts (HRAs)
  • Medical, dental, vision, disability and life insurance plans
  • Wellness programs, educational assistance plans and transportation plans
  • Cafeteria and flexible spending account plans
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Mental Health Parity Act
  • Newborns' and Mothers' Health Protection Act
  • State and local laws (e.g., Massachusetts and San Francisco)
  • Funding arrangements for welfare plans, such as Voluntary Employees' Beneficiary Associations (VEBAs)
  • Multiple employer welfare arrangements
Mergers & Acquisitions
  • Due diligence and risk assessments
  • Merger, consolidation and spin-off considerations and structures
  • Unfunded pension and retiree medical liabilities
  • Asset transfers of overfunded and underfunded pension plans
Benefits & Compensation Related Litigation
  • ERISA litigation
  • Ancillary claims brought under federal and state law
  • Americans with Disabilities Act claims
  • Age discrimination in Employment Act claims
  • Disputes involving stock options and other equity compensation
  • Contract breaches
  • Trade secrets and other restrictive covenants

 

CONTACT US

For additional information on Davis & Gilbert’s Benefits & Compensation Practice, please contact:

Mark E. Bokert
212.468.4969
mbokert@dglaw.com