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Executive Compensation & Employee Benefits

Kaye Scholer’s Employee Benefits/ERISA Practice represents clients in executive compensation and employee benefits, with a concentrated focus on issues that arise in connection with corporate acquisitions and divestitures. Our clients range in size from multinational corporations through mid‑size service and industrial corporations to small professional and other privately held corporations, as well as nonprofit and other exempt organizations.

In the Market

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Capabilities: How We Do It

  • Plan investments and financial transactions: Structure and advise on capital market products in which plans and plan asset entities invest, including securitizations, structured vehicles, private equity, corporate finance, securities lending, syndication, repurchase and lending transactions.
  • Qualified pension and profit-sharing plans: Design, implement, and administer qualified pension and profit sharing plans and counsels clients on the regulatory and administrative requirements of maintaining qualified plans.
  • Executive compensation: Counsel in the design, planning, implementation, administration and funding of executive compensation plans and arrangements.
  • Welfare benefit plans: Advise clients on all aspects of welfare benefit plan design and administration, from health insurance programs to group term life insurance to long‑term disability programs to long‑term care programs.
  • ERISA litigation: Represent employers in ERISA litigation matters ranging from alleged breaches of fiduciary duty to benefit claims to multiemployer pension plan withdrawal liability.

Our recent work includes the successful defense of claims involving:

  • A health plan’s exclusion of autism and denial of benefits for same.
  • Whether a client had a lifetime obligation to contribute to a multiemployer pension plan.
  • ·ERISA discrimination and retaliation.
  • An adult child’s attempt to compel the release of his father’s interest in a profit-sharing plan.
  • The Department of Labor and the Internal Revenue Service.
  • Multiemployer plan withdrawal liability disputes.
  • Allegations of breaches of fiduciary duty.
  • Amendment and termination of retiree medical insurance coverage.
  • Amount owed to participants under defined-benefit pension plans.