Jenner & Block

Employee Benefits and Executive Compensation

We take a practical and business-oriented approach to executive compensation and employee benefit issues, helping clients navigate the complexities caused by today’s increased government regulation and oversight in these areas. Our experienced attorneys serve as trusted advisors to large publicly traded companies, privately held companies and individual executives. Our counsel ranges from assisting with the compensation and benefit implications of complex M&A situations to providing proactive client counseling to avoid problems. Our focus is simplicity, while also tailoring benefit programs to meet the more complicated needs of a client’s business.

We have extensive experience in the full range of traditional employee benefit and executive compensation matters as well as in emerging issues involving health care reform, the Dodd-Frank Act, 401(k) fee disclosure, worker misclassification, clawback policies, and other related areas.  We act as outside general benefits counsel for many clients, working closely with human resources professionals and in-house counsel on day-to-day matters and special projects.

We also go beyond the traditional lawyer role to help clients set up an ERISA investment committee or provide training on fiduciary risk management for investment team members, board members and other staff.  We can provide customized training programs for human resources professionals and in-house legal staff on executive compensation and tax law compliance issues.

Our attorneys are skilled in handling the benefit aspects of all types of corporate transactions, including mergers, acquisitions and divestitures. We have substantial experience working on complex transition issues, executive compensation issues, and post-closing benefit structures.  We are also experienced in bankruptcy-related employee benefit issues, including Section 363 sales, representation of retiree committees with respect to the reduction of retiree benefits, and PBGC and multi-employer plan claims.

While the attorneys in our practice focus on counseling and transactional work, we have the advantage of being able to work closely with our Firm’s nationally recognized litigators in the event litigation becomes likely.  We have been involved in many major ERISA cases, and clients benefit from our experience whether or not a case goes to trial.

Members of our practice are frequent writers, lecturers and media resources on benefits and executive compensation-related subjects.  Our partners are also leaders in the organized bar and industry groups related to employee benefit and executive compensation areas.