The highly complex nature of retirement, welfare and executive compensation plans renders employee benefit plan sponsorship a challenging task. Attorneys in Bryan Cave’s Employee Benefits & Executive Compensation Client Services Group can help employers meet these challenges by providing traditional employee benefits services, as well as innovative and practical solutions to complicated employee benefit issues.

Out attorneys are highly specialized and broadly experienced in guiding clients through intricate situations. The array of services we offer reflects the depth of our attorneys’ knowledge. From plan design and implementation to litigation and corporate transactions, our attorneys handle all types of benefits and executive compensation matters for employers and the benefit plans they sponsor.

Plan Design and Implementation
An effective employee benefit or executive compensation plan must encompass sound design, thoughtful planning and focus on the cost-value equation for employers and employees. A well-designed plan is a powerful tool not only in asset management, but also in the recruitment and retention of valuable employees. With that in mind, we work closely with our clients to ensure development of a plan that is both cost-efficient for the employer and attractive for the employee.

Employee benefits is usually not the primary business of our clients and we understand this reality. Where practicable, we take creative steps to help manage the costs of maintaining benefit plans. For example, we have designed a comprehensive document assembly program that allows us to draft and update plan documents, summary plan descriptions and administrative forms for approximately 500 qualified plans that we keep current for our clients.

Plan Administration
We participate daily in the ongoing, long-term maintenance and management of our clients’ plans. We stay apprised of changing laws and important issues and provide a continuing dialogue about best practices. The support we provide in connection with plan administration includes:

• Reviewing plans for legal compliance and filing required government reports;
• Counseling on legislative issues;
• Advising and educating executives, plan trustees, compensation committees and administrators on matters related to general administrative compliance;
• Counseling on fiduciary obligations and liabilities;
• Plan restructuring in connection with corporate transactions, including plan mergers, spin-offs and termination; and
• Counseling plan sponsors about alternatives in bankruptcy.

Executive and Deferred Compensation
We have vast experience in cash and equity-based executive compensation as well as deferred compensation, including the tax consequences of such arrangements. Our attorneys are familiar with the various external and internal pressures in this important field and have worked closely with senior executives and compensation committees to deign and advise on a variety of programs ranging from simple cash bonus arrangements to stock option plans with complex rights and features. We have assembled a multidisciplinary legal team to advise, as appropriate, on the highly technical securities, employment and other legal issues that can arise with respect to executive compensation.

Practice Before Government Agencies
We regularly assist clients in seeking guidance, rulings and exemptions from, and defending audits and handling controversies before, the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation and in federal and state courts across the country.

Interdisciplinary Privacy/HIPAA Practice
We have assembled a multidisciplinary legal team to handle a wide range of federal and state privacy laws, including HIPAA. Our HIPAA Privacy Team possesses the depth and experience to provide cost-effective and results-oriented assistance to clients regarding sophisticated HIPAA issues. We have provided HIPAA and privacy-related advice to numerous clients in the areas of health care and related employee benefits.

ERISA Litigation
The frequency and intensity of litigation over employee benefits has increased dramatically in recent years. In fact, ERISA cases rank among the most frequently filed cases in federal court. Bryan Cave handles a variety of pension and welfare benefit cases in courts throughout the United States on such topics as:

• Retiree health care termination;
• Breach of fiduciary duty claims;
• Benefit denial claims;
• “Top hat” plan administration;
• 401(k) fee cases; and
• “Stock drop” cases.

The UK Pensions and Benefits Practice
Bryan Cave’s UK Pensions & Benefits Practice provides advice on all aspects of pensions and employee benefits law. This ranges from advice to trustees and companies on plan governance to advising on the pensions and benefits issues of corporate mergers and acquisitions. As part of Bryan Cave’s global Employee Benefits & Executive Compensation Group, we also offer a valuable international perspective on employee benefits issues. The UK Pensions & Benefits Practice has recognized experience in the following areas:

• Acting as appointed legal adviser under the Pensions Act 1995 to pension plan trustees;
• Drafting pension plan documentation;
• Advising on trust law requirements;
• Advising on the legal aspects of pension plan funding;
• Advising on race, sex, disability and age discrimination issues;
• Advising on internal dispute resolution;
• Advising on the pensions regulator’s role relative to trustees and sponsoring employers;
• Advising on the tax registered or approved status of pension plans;
• Advising on UK Regulatory Clearance issues;
• Advising on European legislation and cross-border plans;
• Negotiating and advising on pensions, warranties and indemnities in mergers and acquisitions;
• Negotiating and drafting the pension provisions for transfers of public sector employees to private sector employers under PFI;
• Establishing UK approved share option plans for US parent companies; and
• Establishing UK shadow share plans and bonus plans for US parent companies.

Our practice has experience in the area of pension plan governance, advising both employers and the trustees on ongoing legislative requirements and on initiatives affecting those plans. We have specific knowledge of pan-European pension matters and international employee benefit plans. We have extensive experience in managing pensions risk for private sector contractors engaged in PFI and for companies engaged in re-structuring and broader M&A work.