Harvey A. Kurtz is a partner in the Employee Benefits and Executive Compensation Practice. Mr. Kurtz has represented public and closely held businesses, not-for-profit organizations, and churches with respect to all aspects of employee benefits and executive compensation legal matters, including adoption and maintenance of tax qualified 401(k), profit sharing, 403(b), defined benefit pension, and other retirement plans, including design, Internal Revenue Service qualification, ERISA audits by the Department of Labor, routine administration, QDROs, and remediation of problems; employee stock ownership plans (ESOPs); employee benefits and executive compensation matters in mergers and acquisitions, due diligence, issue identification, and planning regarding integration and consolidation of plans post-transaction; health and welfare benefit plans, generally, including HIPAA, COBRA, self-funding, VEBAs, consumer driven health care, insurance, and flexible spending; retiree medical plans and related issues; fiduciary and prohibited transaction issues; outsourcing of benefits services; reductions in force; adoption of prototype and volume submitter plans; health care reform; and general ERISA counseling.
Mr. Kurtz also has handled employment contracts; severance arrangements; nonqualified deferred compensation plans; stock option and employee stock purchase plans; consulting arrangements; and related golden parachute, noncompetition, and $1 million cap on deductible compensation issues. In addition, he has represented executives in employment and severance negotiations.
He also has represented non U.S. companies in benefits-related matters involving acquisition of U.S. enterprises, and U.S. companies in benefits-related matters concerning acquisitions outside the U.S. He has worked with U.S. employers regarding benefit issues of third-party nationals and expatriates.
Mr. Kurtz is a member of the American Bar Association and its Taxation Section, Employee Benefits Committee. He has received a Martindale-Hubbell AV Rating (very high to preeminent) and was selected by his peers for inclusion inThe Best Lawyers in America in the field of employee benefits law.