Employment, Labor & Benefits

Employee Benefits & Executive Compensation

Our Employee Benefits & Executive Compensation Practice advises public and private companies, private equity and hedge funds, start-up and emerging companies, state and local governments, and tax-exempt institutions, among others. Our clients include multinational and US corporations, as well as some of the country’s largest colleges, universities, independent schools, museums, and integrated health care delivery systems. To ensure excellent, full service to our clients, we routinely work with and draw from the experience of attorneys and professionals from across the firm's comprehensive Employment, Labor & Benefits Practice and areas as diverse as Corporate & Securities, Insurance, Health Law, Privacy & Security, and Litigation.

Quick Facts

  • Collectively handled employee benefits and executive compensation aspects of 1,000+ corporate transactions
  • Advised Governor Romney’s administration in connection with the historic Massachusetts health care reform law of 2006, which laid the foundation for Obama’s federal health care reform law, the Affordable Care Act
  • Counseled leading US universities, staffing companies, and financial services companies on compliance with the Affordable Care Act
  • Advised clients on best practices pertaining to issues including presidential performance evaluations, compensation, contracts, spousal employment, severance, and termination disputes

Areas of Focus

  • Executive compensation
    We advise public and private companies, governmental units and tax-exempts, and their compensation committees, advisory boards, and senior executives on compensation plans and arrangements. Our attorneys provide experienced counsel on issues including 162(m) compliance, 409A analysis and compliance, change-in-control agreements and 280G analysis, severance arrangements, equity-based compensation, nonqualified plans, performance evaluations, goal-setting, direct and deferred compensation, intermediate sanctions, Sarbanes-Oxley, and best practices
  • Tax-qualified and other retirement plans
    We advise employers, retirement committees, plan fiduciaries, and service providers on issues relating to the design, implementation, maintenance, operation, and termination of pension, profit-sharing, 401(k), and other tax-qualified plans and arrangements, including 403(b), 457(b), and 457(f) plans offered by tax-exempt employers
  • Welfare plans
    We assist employers of all types and sizes, including dozens of benefits brokers and consultants across the country, with group benefits arrangements, including health plans, long- and short-term disability programs, group and other life insurance benefits, and voluntary benefit programs, among others. Few firms have our depth of experience with health care reform, whether at the state or federal level
  • Mergers and acquisitions
    We routinely provide advice, due diligence, and support for client transactions, including post-closing integration and consolidation of benefit programs
  • Fund formation
    We help private investment pools navigate ERISA fiduciary duties and prohibited transaction rules
  • HIPAA privacy and security
    We provide clients with comprehensive advice that includes both HIPAA privacy and security and the full range of federal and state laws dealing with data and privacy

Rankings & Recognitions

  • Chambers USA
    Multiple attorneys ranked nationally and in Massachusetts, New York, and Washington, DC, in Employee Benefits and Executive Compensation
  • Best Lawyers in America
    Multiple attorneys listed for Employee Benefits (ERISA) Law
  • Super Lawyers
    Multiple attorneys listed for Employee Benefits / ERISA in Massachusetts and New York