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Adam B. Cantor

Principal
New York Metro
White Plains

P 914-872-6896 F 914-946-1216
Adam.Cantor@jacksonlewis.com

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Adam B. Cantor

Biography

Adam B. Cantor is a Principal in the White Plains, New York, office of Jackson Lewis P.C. His practice focuses on employee benefits, ERISA fiduciary compliance and planning, employment law, executive and equity compensation, and business succession planning. Mr. Cantor's clients include private and public companies, compensation committees of public companies, boards of directors and trustees, hedge funds, private equity investors, non-profit organizations, executives, and management teams.

Mr. Cantor has advised clients on a wide variety of matters in the areas of employee benefits, ERISA, executive compensation, and deferred compensation, including:

  • Design and compliance issues relating to qualified retirement plans, including controlled group and EPCRS issues
  • 409A planning and compliance for nonqualified deferred compensation plans and employment, severance and change in control agreements
  • Discharge of fiduciary duties by administrative and investment committees of 401(k) and other qualified retirement plans
  • ERISA prohibited transaction avoidance and correction, including Voluntary Fiduciary Correction Program applications
  • Equity compensation design and compliance, including stock options, restricted stock, restricted stock units, stock appreciation rights, phantom stock and LLC- and partnership-based equity compensation arrangements
  • Structuring and negotiation of executive compensation and benefits packages on behalf of both companies and executives/management teams (with special tax knowledge in 409A, 162(m) and 280G issues)
  • Dodd-Frank, SEC and Exchange compliance by compensation committees of public companies
  • Proxy disclosure for public companies relating to executive and director compensation
  • International executive and equity compensation matters, particularly those involving U.K. public companies with U.S. subsidiaries
  • Best practices for compensation committees and boards of directors of private companies and boards of trustees of non-profit organizations with respect to executive compensation matters
  • Intermediate sanctions compliance and excess benefit transaction avoidance for executives of non-profit organizations and IRS Form 990 reporting related thereto
  • Structuring of employee benefits-related business transactions, including ESOP purchases of employer stock and qualified plan spin-offs, mergers and consolidation
  • Employee benefits issues and planning opportunities arising in connection with corporate transactions and bankruptcy proceedings
  • Negotiations with governmental agencies, including the IRS, DOL and PBGC
  • Mitigation strategies for employers with respect to multiemployer withdrawal liability
  • Welfare plan design and compliance, Including COBRA, HIPAA, HITECH and Health Care Reform

Mr. Cantor speaks and writes frequently on industry-specific topics and hot button issues.  He has done so on such diverse topics as qualified retirement plans audits and investigations, special and complex tax issues in connection with executive and equity compensation plans, Dodd-Frank compliance for compensation committees of public companies, SEC proxy disclosure and shareholder activism issues, 401(k) plan fee disclosures, participant-level investment advice, health care reform and HIPAA compliance.  He has been interviewed by industry magazines on various employee benefits issues.

Professional Associations and Activities

  • American Bar Association
  • ASPPA Benefits Council of New York, Board Member
  • National Association of Stock Plan Professionals
  • New Jersey Bar Association
  • New York Bar Association

Published Works

  • “20 Questions for Your Retirement Plan Committee to Consider,” Plan Sponsor Magazine, April 2015 (Quoted)
  • "Running the Fund: Keeping It Safe,” Plan Sponsor Magazine, April 2014 (Quoted)

Speeches

  • “Qualified Plan Audits and Investigations: What Every Employer Needs to Know,” Eisner Amper (Iselin, NJ, January 2013) (Co-Presenter)
  • “Best Practices for Compensation Committees of Private Companies,” Sobel & Co., (Iselin, NJ, January 2013) (Presenter) 
  • “401(k) Fee Disclosure and Investment Selection for Employers,”(401(k) Retirement Partners, LLC, (Paramus, NJ, June 2012) (Presenter)
  • “2010 CFO Leadership Breakfast,” Argyle Executive Forum, (New York, NY, December 2010) (Moderator)
  • “Dissecting Common Design Issues and Problem Areas Under Section 409A,” American Conference Institute Forum on Minimizing Legal Risks in the Design, Implementation and Administration of Executive Compensation (Chicago, IL, July 2010) (Panelist)
  • “Navigating the Minefields: Hot Topics in Executive Compensation,” WESFACCA, (Stamford, CT, January 2010) (Presenter)