Employee benefits planning and administration has become a challenge on many fronts, but the advantages of a well-structured program justify confronting this challenge. Employees profit from the retirement, health, and other benefits that are offered. Employers attract, retain, and motivate valued employees by creating vital incentives. A properly designed program also offers tax benefits to both employers and employees.

At HSE, we have a nationally recognized Employee Benefits practice. Our attorneys work with employers on a wide and varied range of employee benefit plans. We assist with some of the largest and most sophisticated employee benefit programs in the country. In the complex and ever-evolving world of employee benefits, our Employee Benefits Practice Area provides invaluable advice and services. On a daily basis, our attorneys interact with clients on complex benefits issues including plan design, legal compliance, document drafting, legislative and regulatory changes, litigation issues, fiduciary protection, and plan investments, including private equity investments.  

We also work collaboratively with the firm’s attorneys in the Executive Compensation, Tax, Litigation, and Labor and Employment Practice Areas to provide clients with the highest quality service, including keeping them abreast of the latest trends in the employee benefits area.

OUR CLIENTS

• Corporations (ranging from Fortune 100 to closely-held companies)
• Municipalities
• Multi-Employer Plans
• Not-for-Profit Organizations
• Academic Institutions
• Individuals

our EXPERIENCE

Design, Implementation and Compliance of Retirement Plans. To be competitive in the marketplace, an employer needs a well-designed benefits program that is both cost-efficient and an effective tool in recruiting and retaining the best workforce. Attorneys in the Employee Benefits Practice Area analyze the needs of the employer and provide counsel on plan design and operation. The goal is to deliver attractive, cost-effective benefits that employees can appreciate and understand. Following the design discussions, we assist employers in implementing the appropriate benefit plans, including preparation of all necessary plan documents. We also provide ongoing counsel regarding legal and operational issues, including compliance with the fiduciary duties imposed by ERISA. In addition, we represent employers in benefit-related matters before the Internal Revenue Service, U.S. Department of Labor, and Pension Benefit Guaranty Corporation.

Design, Implementation and Compliance of Health and Welfare Benefit Programs. Health and welfare benefit arrangements have dramatically increased in importance to both employers and employees. We assist our clients in the design and implementation of these valuable benefits to help employers and employees address escalating costs and increasing regulation. We provide ongoing counsel regarding health and welfare benefit arrangements, including compliance with ERISA, COBRA, Medicare, and HIPAA. 

Guidance Related to Corporate Transactions. Evaluation of the financial impact of retirement and health and welfare plans is crucial in corporate mergers, acquisitions, and dispositions. These plans can be a significant asset or liability that must be taken into consideration when structuring a deal. We provide essential guidance regarding the benefit aspects of corporate transactions and negotiate the related terms of the underlying agreements. We also provide advice regarding the assimilation, implementation, or termination of the acquired benefit programs.

Employee Benefits Litigation. Working with the firm Litigation Practice Area, we represent clients in litigation involving employee benefit matters. Our representation includes fiduciary liability claims, benefit disputes, disputes involving plan service providers, and Internal Revenue Service and U.S. Department of Labor controversies.

Executive Benefits Planning. Executives and professionals often need legal assistance in planning the form, timing, and tax impact of benefit payments. Working independently or with tax advisors, attorneys in the Employee Benefits Practice Area analyze the impact of minimum distribution rules, federal and state taxes, and rollover opportunities in order to assist individual clients in maximizing their benefits.