Employee Benefits & Executive Compensation

Practice Area

Employee Benefits & Executive Compensation

Lewis Brisbois’ Employment & Labor Practice comprises a national team of attorneys with a special focus on the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and, where applicable, other federal and state laws and regulations affecting employee welfare and pension plans. Our employee benefits and executive compensation attorneys defend employers, plan sponsors, fiduciaries, insurers, and service providers in litigation, welfare and pension benefit plan compliance, corporate transactions, internal investigations, and agency audits. We also counsel clients on litigation avoidance, provide training on compliance and fiduciary matters, review and help design benefit arrangements, and assist with the creation and implementation of other incentive compensation strategies. 


ERISA LITIGATION 

ERISA is a highly reticulated and often misunderstood statute. Our attorneys are skilled in handling matters involving:

  • Coverage and benefit determinations;
  • Claims for breach of fiduciary duties and for engaging in transactions prohibited by ERISA;
  • Claims for benefits discrimination, retaliation and wrongful interference with benefits;
  • Claims for reimbursement and subrogation under ERISA;
  • Disputes between ERISA plans and their service providers; and
  • Matters involving interplay of ERISA and the Affordable Care Act, COBRA, HIPAA, ADA, and FMLA.


EXECUTIVE COMPENSATION

Our Executive Compensation attorneys:

  • Counsel clients on severance arrangements and supplemental executive retirement plans;
  • Review and edit such arrangements and plans for compliance with applicable federal and/or state laws; and
  • Perform due diligence in corporate transactions.


EMPLOYEE WELFARE & PENSION BENEFIT PLANS  

Our Employee Benefit Attorneys also routinely:

  • Draft health and welfare benefit summary plan descriptions;
  • Audit compliance with the various filing, notice and disclosure requirements under ERISA;
  • Counsel clients on the interplay of ERISA, COBRA, HIPAA, ADA, ADEA and FMLA;
  • Review and negotiate service provider agreements, including ASOs;
  • Defend Internal Revenue Service and Department of Labor audits and examinations;
  • Perform due diligence for corporate transactions; 
  • Perform eligibility audits;
  • Provide litigation avoidance strategies;
  • Assist with governmental compliance and correction programs; and
  • Effectuate terminations of ERISA plans.