Search form

Employee Benefits

Employee benefits present unique and complex challenges as organizations try to keep up with the regulatory landscape while simultaneously designing benefits and compensation strategies that allow them to attract, incentivize and retain employees.

Overview

Our Employee Benefits Practice Group handles a full spectrum of benefit law matters for a diverse mix of business clients on a nationwide basis. In keeping with the firm’s overall philosophy, we approach even the most technical and complex benefit law questions with an eye toward preventive strategies—minimizing the likelihood of liabilities associated with benefit claims, litigation and enforcement matters—and practical solutions.

We provide comprehensive legal advice, counseling and representation to plan sponsors, plan fiduciaries and benefit plans relating to:

  • Employee benefits issues arising in the design, administration, and operation of all benefit and compensation arrangements, including compliance with ERISA and the Internal Revenue Code; and
  • The defense of benefit, fiduciary and other claims relating to plan administration, and compliance with the terms of the plan and all applicable laws.

Some of the specific services we offer include:

  • Providing representation for a wide range of private, public and not-for-profit employers in virtually all aspects of tax-qualified defined contribution plans and defined benefit pension plans (including cash balance and other hybrid pension plan formulas);
  • Advising clients regarding all types of executive compensation arrangements;
  • Defending employers, plan sponsors, corporate officers and directors and employee benefit plans in examinations, summons proceedings, and adversary proceedings and appeals initiated under internal agency procedures by federal or state agencies and courts of specialized jurisdiction;
  • Counseling on the employee benefits issues arising in corporate transactions and workforce reorganizations, as well as the range of issues involved in multiemployer pension and welfare plan liabilities;
  • Advising shareholders, public and private/family-held corporations, bank holding corporations, institutional and individual trustees, officers, directors, and other parties and investors (i.e., private equity groups) on designing, implementing and using ESOPs in various types of transactions, including mergers and acquisitions, estate and succession planning, hostile takeover bids, tender offers, shareholder liquidity/Section 1042 of the Internal Revenue Code tax-deferred transactions, stock re-purchases by issuers, redemptions and recapitalizations, management and leveraged buyouts, and the use of ESOPs as an acquisition strategy.

In addition, our experienced benefits litigators represent employers, plans, insurers, plan administrators, institutional and individual trustees, officers and directors, selling shareholders and third-party administrators in ERISA and related benefits litigation in virtually all 50 states. This litigation involves both mainstream ERISA litigation as well as complex benefits litigation and class actions.

The Benefits Group also works closely with the firm's Privacy, e-Communication and Data Security Practice Group on compliance with the HIPAA/HITECH Privacy and Security regulations with regard to group health plans and health care providers, as well as with our Disability, Leave and Health Management Practice Group with respect to benefits-related considerations for Wellness Programs in the workplace.

The Team

See All
Showing 1-8 of 44
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 44

See All Webinars

May 10

Register Now

How The Tax Reform Bill Impacts Employers

May 10, 2018 - 12:00 PM to 1:00 PM EST
Credits: CLE - Pending, HRCI - 1.0, SHRM - 1.0
Register Now

Archived

Watch Now

The New ERISA Regulations for Disability Claims and Appeals

March 22, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Watch Now

Archived

Watch Now

Discretion Under Fire: ERISA Plan Fiduciaries Face New Challenges to Their Decision-making

September 20, 2017 - 10:00 AM to 11:00 AM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Watch Now

See AllPublications

Advanced Filtering
Showing 1-3 of 55
Newest
Most Read
April 2, 2018

Employee Benefits Newsletter – Spring 2018

April 2, 2018

In this issue: View from Jackson Lewis: The Curious Odyssey of the Multiemployer Defined Benefit Pension Fund. A review of the state of multiemployer funds. 2018 Tax Reform. A summary of the changes made by the Tax Cuts and Jobs Act, including practical advice for employers. Recent Developments. Recent developments in... Read More

March 30, 2018

Calculating Withdrawal Liability with ‘Segal Blend’ Violated Multiemployer Pension Plan Amendments Act, Judge Rules

March 30, 2018

In a decision that could have far-reaching implications for multiemployer pension plans and employers, a federal district court has held that the use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act (ERISA), as... Read More

March 30, 2018

Multiemployer Pension Plans: Potential Successor Liability from Buyer’s Attempts to Continue Seller’s Business

March 30, 2018

The district court erred in finding a multiemployer pension plan did not show sufficient continuity of business operations to support imposing successor liability on an asset purchaser, the federal appeals court in Chicago has ruled in a case under the Multiemployer Pension Plan Amendments Act (MPPAA) involving withdrawal liability of $... Read More

Showing 1-3 of 55

See AllIn the News

Showing 1-3 of 60
Newest
Most Read
April 19, 2018
SHRM

Megan Holstein Discusses the Paid Family Leave Federal Tax Credit

April 19, 2018

Megan Holstein discusses the IRS releasing guidance FAQs regarding the employer tax credit for paid family and medical leave in "IRS Issues First FAQs on Paid-Leave Credit," published by SHRM. Subscription may be required to view article     Read More

April 2, 2018
SHRM

Monique Warren Authors "Was Your Employee Benefit Plan Selected for an Audit? Don’t Panic!"

April 2, 2018

Monique Warren authors "Was Your Employee Benefit Plan Selected for an Audit? Don’t Panic!" published by SHRM. Subscription may be required to view article Read More

February 28, 2018
SHRM

Megan Holstein Authors "How to Calculate the Paid-Leave Tax Credit"

February 28, 2018

Megan Holstein authors "How to Calculate the Paid-Leave Tax Credit," published by SHRM. Subscription may be required to view article Read More

Showing 1-3 of 60

See AllBlogs

IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit
April 20, 2018

This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. Read More

Financial Conflict of Interest in the Eighth Circuit: Trigger of a Less Deferential Standard of Review or Mere Factor in Determining Plan Administrator Abuse of Discretion?
April 15, 2018

It is well-established under the Employee Retirement Income Security Act of 1974 (“ERISA”) that when an employee benefit plan grants the plan administrator discretion to decide questions of eligibility for benefits or to construe plan terms, judicial review of the plan administrator’s denial of benefits is generally limited to the deferen Read More

Was Your Employee Benefit Plan Selected For Examination? Don’t Panic!
March 27, 2018

Each year, hundreds of retirement plans are examined by the Internal Revenue Service (IRS) and Department of Labor (DOL).  The agencies also examine other kinds of employee benefit plans for compliance with statutes and regulations with respect to which they have enforcement authority.  In particular, the DOL has increased its examination Read More