Transactions
- Defined Benefit Pension Plan
Representation of sellers of stock in a corporation with a significantly overfunded defined benefit pension plan which was assumed by the purchaser upon closing
Representation of plan sponsors before the Internal Revenue Service and the U.S. Department of Labor under the voluntary correction programs maintained by those agencies
- Recapitalization and Takeover
Representation of the new Board of Directors of a bank under regulatory supervision in connection with the recapitalization and takeover of control of the bank and the issuance of equity compensation to the new Officers and Directors
- Employment and Benefit Issues
Representation of a non-profit hospital on senior management employment and benefit issues involved in the intended formation of a new healthcare system in New Jersey
- Employment and Deferred Compensation Agreements
Representation of the President/CEO of a New Jersey Medical Center with annual revenues of several hundred million dollars, in the negotiation and preparation of employment and deferred compensation agreements
Representation of the directors of a bankrupt pension plan sponsor, and the trustees of an underfunded pension plan in connection with the assumption of the plan by the Pension Benefit Guaranty Corporation
Negotiations with the Pension Benefit Guaranty Corporation on behalf of an individual against whom the PBGC asserted a claim for withdrawal liability in excess of $7 million
Representation of a public company in connection with an internal review of all of its previously issued and outstanding stock options and warrants to confirm that the prior grants and exercises were appropriately reported for securities laws, income taxation and payroll purposes
- Employment Separation Package
Negotiation of an employment separation package on behalf of the President/CEO of a U.S. operating subsidiary of a Korean automobile manufacturer
Review and assistance with the restructuring of retiree health coverage provided by a college for its current and former faculty members in order to reduce the college’s expenses and limit its future liability exposure under the arrangement
Representation of an actuarial consulting firm in its defense of allegations that it had improperly handled the calculation of benefits payable upon plan termination to the financial detriment of the plan sponsor
- Deferred Compensation Package
Restructuring of a deferred compensation package for the retiring CEO of a federal credit union to avoid the immediate recognition of income upon employment termination
Representation of a benefits consulting firm in the defense of claims brought against it by the U.S. Department of Labor which asserted that the firm was a plan fiduciary responsible for the misappropriation of plan assets