Employee Benefits and Executive Compensation

We are well versed in executive compensation and executive plans, including:

• employment agreements
• stock options
• restricted stock
• deferred compensation
• long-term incentive plans
• severance agreements
• golden parachutes
• rabbi and secular trusts
• phantom and performance share plans
• supplemental executive retirement plans

We also help develop creative customized executive compensation packages, advise on the competitiveness and tax consequences of such packages and negotiate with executives on behalf of business clients—either as new hires or in severance or continuation of employment scenarios.

We help our clients design, implement, fund, administer, and terminate employee welfare plans, such as:

• cafeteria plans
• group health plans
• health savings accounts
• disability and life insurance plans
• flexible spending plans (such as medical, dependent care and educational)
• VEBA trusts
• severance agreements

Our employee benefits lawyers skillfully counsel clients through the myriad of employee plan issues that arise when a business is involved in a purchase or sale, merger or acquisition, spin-off, closure, or other transaction.

Dykema boasts a specialized Public Retirement Team of dedicated professionals with extensive experience working with and through the federal and state retirement laws—including Internal Revenue Code provisions, Michigan statutes, and the federal and state case law governing state and local retirement plans, including OPEB liabilities.

We ensure our clients comply with all applicable state and federal laws relating to employees, including:

• Americans with Disabilities Act
• Age Discrimination in Employment Act
• Consolidated Omnibus Budget Reconciliation Act
• Family and Medical Leave Act
• Health Insurance Portability and Accountability Act
• Worker Adjustment and Retraining Notification
• Sarbanes-Oxley’s provisions regarding executive compensation

Dykema’s lawyers have a deep body of experience defending ERISA claims. Whether brought in the form of a discrete lawsuit or a class action, we work with our clients to develop strategies to bring these cases to a rapid and successful conclusion.