Henry Talavera’s experience representing clients before the Internal Revenue Service, the U.S. Department of Labor, and the Pension Benefit Guaranty Corporation, along with his prior experience as a federal government attorney, enables him to handle complex issues for clients.
Henry has a broad-based, comprehensive practice that involves all areas of employee benefits law related to benefit programs and arrangements for employees, directors, and independent contractors. His extensive experience includes guidance relating to public, private, and tax-exempt employers on the design, implementation, and administration of all types of welfare plans and tax-qualified retirement plans, including defined benefit and plans intended to qualify under sections 401(k), 403(b) and 457(b) of the Internal Revenue Code.
Henry also counsels a wide range of clients, including investors, investment funds, investment companies, fund managers (including registered investment advisers), private money managers and other institutional investors relating to the impact of ERISA and certain Internal Revenue Code requirements on such investments, including addressing ERISA plan asset and operating company compliance, such as matters relating to Venture Capital Operating Companies (VCOCs) and Real Estate Operating Companies (REOCs).
Henry has also worked extensively in the following areas:
- Representing clients before the IRS, DOL & PBGC with respect to employee benefit plan audits and voluntary correction procedure filings
- Designing and implementing executive compensation and employment agreements, including equity compensation and deferred compensation arrangements for partnerships
- Counseling clients with respect to federal health care and related laws impacting an employer’s medical plans, including, but not limited to, privacy laws and the Patient Protection & Affordable Care Act ("PPACA")
- Negotiating employment and severance agreements for high-level executives and employers
- Conducting due diligence and negotiating representations and warranties and covenants with respect to employee benefits in mergers and acquisitions
- Advising on litigation matters related to employee benefits, including advising on class action lawsuits related to plan investments