Matters
- Represented a Fortune 500 company in connection with an audit of its pension plans by the Internal Revenue Service that spanned four years and helped the company timely respond to upwards of 100 inquiries by the IRS, many of them involving technical pension rules
- Handled the employee benefits issues related to a significant and complex deal involving the acquisition of employer stock by a deferred compensation plan and an ESOP
- Drafted the related Disclosure Memorandum for the deferred compensation plan and worked through various Internal Revenue Code Section 409A issues for the sophisticated and complicated deferred compensation plan
- Provided legal advice on numerous employee benefit issues that arose in connection with a $1.8 billion corporate acquisition
- Negotiated the employee benefits provisions of the stock purchase agreement, drafted severance and change of control plans and related releases, analyzed related Internal Revenue Code Section 409A issues, and provided legal advice regarding various issues that arose in connection with the termination of the acquired company’s ESOP
- Coordinated the consolidation and restatement of a pension plan that had incurred numerous mergers of other plans into that plan and involved more than 150 appendices setting out the benefit schedules for various groups of employees
- Coordinated the development of a current 401(k) restatement from various and assorted plan documents, minutes, financial statements, etc.
- Worked closely with client to deal with various operational issues that came to light throughout the process
- Routinely prepare complex IRS determination letter applications and resolve questions raised by the IRS in connection with the issuance of favorable determination letters
- Advise clients on all aspects of the operation of retirement plans, and work with the client and, where necessary, the Internal Revenue Service to resolve issues that may arise
- Routinely assist clients in merging and terminating 401(k) and pension plans
