Disruptors and innovators are constantly changing the way businesses and individuals work. They demand the same leading-edge approach to their employee benefits and executive compensation solutions.

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Overview

Disruptors and innovators are constantly changing the way businesses and individuals work. They demand the same leading-edge approach to their employee benefits and executive compensation solutions.

Perkins Coie’s nationally recognized Employee Benefits & Executive Compensation attorneys represent businesses ranging from emerging companies to global brands across a breadth of industries.

Perkins Coie’s nationally recognized Employee Benefits & Executive Compensation attorneys represent businesses ranging from emerging companies to global brands across a breadth of industries.

EXECUTIVE COMPENSATION

Working as trusted advisors with senior executives, in-house counsel, benefits and compensation professionals, and other service providers, our attorneys provide creative, efficient, and effective advice to our U.S.-based clients on all aspects of executive compensation, including tax and securities compliance and compensation-related corporate governance and disclosure matters. When our clients need assistance in non-U.S. jurisdictions, we collaborate with experienced and knowledgeable partner firms around the world.

We have forged relationships with professional organizations meeting with government representatives on issues important to compensation programs, and regularly present and chair programs on topics relating to securities and tax compliance. By virtue of these synergies and our work with public companies, our experienced attorneys provide practical insight into new developments and approaches to address existing and new requirements.

Executive Compensation Services

  • Drafting equity and nonequity compensatory plan documents, employee communications, executive employment, severance and change-in-control agreements, proxy statements (including equity plan proposals), 8-K disclosures of executive compensation arrangements, and S-8 registration statements.
  • Providing guidance on tax, securities, and ERISA compliance in a wide variety of areas, such as restricted stock unit, stock option, and other equity granting practices, Section 16 reporting and liability issues, 11-K filings, insider trading issues, Section 409A deferred compensation taxation, crypto-based programs, ERISA top hat filings and related compliance issues, and executive claims administration.
  • Attending board and administrative committee meetings and assisting in the preparation of the materials and minutes for such meetings.
  • Preparing nonqualified deferred compensation plans, broad-based equity plans, and employee stock purchase plans.
  • Providing advice on, drafting documentation for, and conducting due diligence of executive and equity compensation issues in mergers, acquisitions, divestitures, and other major business transactions.
  • Representing employers, plan administrators, and plan fiduciaries in all facets of executive and equity compensation-related securities litigation.
  • Assisting clients with claims proceedings, obtaining tax and ERISA rulings, responding to U.S. Securities and Exchange Commission (SEC), Internal Revenue Service (IRS), U.S. Department of Labor (DOL), and other governmental audits and investigations, and resolving compliance problems under voluntary governmental programs.

EMPLOYEE BENEFITS

Our attorneys provide full-service employee benefits representation addressing all aspects of plan design strategy, plan drafting, and plan operations for a wide range of benefit plans, policies, agreements, and arrangements. Our team also supports employee benefits clients in areas including mergers and acquisitions, claims and litigation, government investigations and audits, and federal, state, and local compliance guidance relating to the Internal Revenue Code, ERISA, HIPAA, the Affordable Care Act (ACA), and other federal, state, and local laws.

Employee Benefits Services

  • Drafting, reviewing, and advising on defined contribution plans, such as 401(k) profit sharing plans, as well as defined benefit pension plans.
  • Drafting, reviewing, and advising on union-based (multiemployer) retirement plans.
  • Advising on establishing, maintaining, administering, and terminating nonqualified deferred compensation plans and executive benefit arrangements. We also advise on tax issues, including Code Section 409A, 457, and 280G matters.
  • Assisting in the design, implementation, and administration of health and welfare programs, including self-funded group health benefits, retiree medical benefits, consumer-driven benefits like high-deductible health plans, health savings accounts, health reimbursement arrangements, and healthcare flexible spending accounts offered through a Code Section 125 Cafeteria Plan.
  • Counseling on compliance with requirements under HIPAA’s privacy, security, and breach notification rules, applicable to health plans and health plan vendors serving as business associates.
  • Counseling on compliance with requirements imposed by state family and medical leave laws, including the Washington State Paid Family and Medical Leave Program and the California Paid Family Leave laws. Our attorneys are also highly knowledgeable regarding compliance requirements under state and local laws related to sick leave, including Washington and California paid sick leave laws.
  • Drafting and providing guidance on employment agreements and severance plans and policies (both individualized and broad-based).
  • Assisting with commonly offered benefits such as pre-tax commuter benefit plans, employee assistance and wellness programs, education assistance programs, and adoption assistance programs.
  • Helping clients respond to participant benefit claims and appeals and to IRS, DOL, and Pension Benefit Guaranty Corporation (PBGC) audits and investigations.

To assist clients in remaining current on employee benefits legislation, we prepare and publish information, analysis, and recommendations on changes in applicable laws. Our attorneys author timely updates and articles. They also regularly participate as chairs and speakers at local and national conferences.

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