We navigate the complicated rules that govern employee benefit plans. We work with your outside accountants, consultants or in-house personnel to identify and solve legal problems relating to employee benefit plans, at key points during the life of your business.

New Benefit Plans

If your business undergoes a merger or acquisition, rapid growth, reorganization or even unionization, its benefit programs may require overhauling. We can help. If your business has personnel changes, exper-iences a dramatic shift in profitability, or reaches a higher level of organizational maturity, we can help redesign its plans to meet evolving business needs and minimize potential liability.

Trouble-Shooting and Problem-Solving

Although much of our work is preventative, when there's a problem, we're there to represent you. We can step in to resolve problems such as unfunded plans, benefit issues during insolvency and bankruptcy, disqualification, plan terminations, fiduciary issues, or worker-filed lawsuits.

Plan Maintenance, Updates and Upgrades

As companies grow and laws change, benefit plans require periodic maintenance to stay cur-rent and in compliance with ERISA and the Internal Revenue Code. Maintenance might include discretionary amendments, new employee communications, or amendments required by tax code changes.

SERVICES AT-A-GLANCE

Design and Implement Employee Benefits Plans

• Identify objectives and recommend plans.
  
• Produce legal documents to operate plans and corporate documents to adopt them.
  
• Obtain determination letters or rulings from the IRS on plans' tax qualification.
  
• Suggest documentation to minimize government involvement and employer cost.
  
• Develop benefits plans, including:

Advice and Counsel on:

• Administering and interpreting plans
  
• Tax and liability implications of proposed actions
  
• Plan amendments mandatory under law or regulation, or voluntary
  
• COBRA, FMLA, fiduciary and prohibited transaction issues
  
• Plan investment and funding vehicles
  
• Plan terminations, mergers, spin-offs and freezes
  
• Optimizing retirement plan distributions to participants

Representation in:

• IRS and DOL audits
  
• Negotiating executive employment and termination contracts
  
• Participant claims and litigation under benefit plans
  
• Employer claims against service and investment providers
  
• Obtaining IRS approval of plans and correction of disqualified plans

Complementing Other Professionals in:

• Business acquisitions, mergers and divestitures
  
• Leveraged ESOPs and tax-deferred sales to ESOPs
  
• Insolvency and Bankruptcy
  
• Formation of investment funds with benefit plan investors
  
• Benefit plans for tax-exempt employers