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Employee Benefits & Executive Compensation

Employee Benefits

  • Serve as outside benefits counsel to the American Staffing Association on benefits and employment matters, and in connection with impact of the Affordable Care Act on ASA members.
  • Advised CitiGroup on all its U.S. employee welfare benefits programs, including compliance with the Affordable Care Act and a top-to-bottom review of their retiree health benefit plans.
  • Advised the ERISA Industry Committee on the Affordable Act and other welfare plan issues and to prepare comments to the Treasury Department on proposed regulations issued under the Affordable Care Act’s employer shared responsibility rules.
  • Retained by Robert Half International to write a comprehensive explanation of the Affordable Care Act for RHI U.S. clients and prospects.
  • Advise a co-ed college preparatory day school on its tax-qualified and non-qualified pension plans, welfare arrangements and fringe benefit programs. Also serve as counsel to the school’s retirement committee.
  • Represented a state Blue Cross Blue Shield organization on a top-to-bottom re-write of their ASO agreements for ERISA-covered plans.
  • Advised a regional staffing and recruiting firm on corporate governance procedures, wellness plan inquiries, public exchange coverage notices, and review of EOC settlement guidelines.
  • Prepared a master ERISA compliance checklist for third-party-administration affiliate of a state-licensed health insurance issuer.

Executive Compensation

  • Represented an oncology drug development company in employment matters in connection with the reverse merger into a public company. The employment relationship of the executives was going to be impacted by the change to a public entity, which required extensive modification of the employment agreements and compliance with various federal laws and regulations applicable to officers of public companies.
  • Represented a wholesale retailer in connection with negotiating the equity awards granted to its CEO, including drafting and negotiating a restricted stock award, a non-qualified option award, two profit interest awards and multi-party put, call and pre-emption rights agreement.
  • Advised a private college preparatory boarding school on all aspects of compensation for senior management.
  • Represented a private staffing company in adoption and documentation of profits interest plan and change in control arrangements.
  • Represented a public consumer service company in the negotiation and documentation of separation agreements for certain executive officers.
  • Represented a startup technology company in the negotiation and documentation of employment documentation for key executive officers, including employment agreements, equity agreements, and restrictive covenant agreements.
  • Represented a large private company in matters related to Section 280G of the tax code, including analysis of the impact of Section 280G and documentation of a shareholder cleansing vote.
Case Study
Mintz helped a US franchise organization with operations in all 50 states create an affordable health coverage plan for its mom-and-pop franchisee-members. Mintz attorneys met with key state regulators and the US Department of Labor to design a captive insurance arrangement.
Case Study
Mintz advised the Board of the Big Ten Conference on employment and executive compensation issues at the commissioner level. The conference currently consists of fourteen nationally acclaimed academic institutions.
Case Study
Mintz advised Oberon Fuels, a developer of an ultra-low-carbon fuel known as renewable dimethyl ether (rDME), on a strategic collaboration with propane fuel distributor SHV Energy. The agreement will help Oberon scale up its pilot facility to produce the first rDME fuel in the United States.
Case Study
Attorneys Andrew Bernstein and Alex Song represented the CEO and senior officers of a global data and technology company in a $3.3B investment transaction involving negotiations with two private equity funds.