O’Melveny’s Executive Compensation and Employee Benefits lawyers have decades of experience dealing with tax, labor, corporate and securities law issues in connection with executive compensation arrangements, deferred compensation plans, qualified retirement and welfare benefit plans, and in handling employee benefit matters regulated by the Department of Labor, the Internal Revenue Service, the Pension Benefit Guaranty Corporation and the Securities and Exchange Commission.
Executive compensation and employee benefit issues are almost always a part of major corporate transactions such as mergers, acquisitions or extensions of credit. Our lawyers have a keen understanding of these issues, and work alongside our transactions lawyers to handle them. The issues range from the identification and evaluation of potential liabilities, to compensation packages for key executives affected by a transaction. We have represented acquiring companies, private equity sponsors, target companies, borrowers and lenders in major transactions.
A well designed executive compensation program provides appropriate incentives and rewards to key employees, while taking advantage of appropriate tax incentives. The compensation paid to executives of publicly-traded companies is subject to additional scrutiny, under strict shareholder disclosure rules imposed by the Securities Exchange Commission. Accordingly, advice to clients in this area involves proficiency in five areas: tax, employment, corporate, securities and accounting. Our attorneys who advise clients in executive compensation consider themselves skilled in all five areas. Our attorneys have designed and drafted virtually every type of executive benefit plan, including non-qualified deferred compensation plans, stock option plans, restricted stock plans, phantom stock plans, long term incentive plans, short term incentive plans, employee stock purchase plans, excess benefit plans, supplemental executive retirement plans (SERPs), employment contracts, rabbi trusts, secular trusts and golden parachute contracts.
Key Facts
- Our employee benefits lawyers have decades of experience dealing with ever-changing executive compensation and employee benefits issues.
- We handle a variety of employee benefit matters, including those regulated by the Department of Labor, the Internal Revenue Service, the Pension Benefit Guaranty Corporation and the Securities and Exchange Commission.
- Our lawyers have experience dealing with executive compensation and employee benefit issues that relate to major corporate transactions such as mergers, acquisitions or extensions of credit, and frequently work on deals alongside our transactions lawyers to handle these issues.
- We frequently provide advice on the design of executive compensation programs, which, for publicly-traded companies, is subject to intense scrutiny. Our attorneys provide advice to clients in this area on tax, employment, corporate, securities and accounting issues.