As the complexity of the laws governing benefits and compensation programs increases so does the sophistication of benefits plans. We offer exceptional substantive knowledge combined with practical and creative business-oriented counseling in helping our clients solve problems and achieve their goals.

Kilpatrick Townsend’s Employee Benefits & Executive Compensation attorneys work on behalf of clients throughout the U.S. and internationally in all areas of employee benefits, executive compensation and ERISA litigation, representing a cross-section of businesses ranging from Fortune 100 public companies to family-owned businesses and start-up companies. The diverse and innovative client base we support provides cutting-edge work that keeps us at the forefront of critical developments in our field. In addition, our Washington, D.C. office gives us direct access to national policy makers in Congress and regulatory agencies such as the Treasury Department, Internal Revenue Service, Labor Department and Pension Benefit Guaranty Corporation. We are able to obtain informal views from key staff members at these organizations on issues that are of interest to our clients. We often learn of new developments before most other practitioners are aware of them. Most importantly, we are able to provide insights into the thinking of the regulators that can be useful to clients, whether in the context of benefits planning, coping with investigations and inquiries or determining strategy and positions.

One major focus of our Employee Benefits team is keeping current on changes in, and counseling clients on compliance with, the complex federal and state laws that affect benefits programs and the services and products that benefit plans use. We offer consultation on executive and broad-based benefit plan design, drafting of plan documents and compliance with related taxation, reporting, disclosure, and fiduciary responsibility obligations.

Another major focus of our work is transactional, on behalf of clients in their plan sponsor roles or on behalf of financial institutions. In mergers, acquisitions and divestitures, we evaluate benefit programs and advise on strategies to contain costs, limit liability and protect benefits. We also assist in the design, implementation and transition of executive compensation arrangements, including programs to protect executives in the event of a takeover or other change in control. For our financial institution clients, we address issues relating to both the plans they maintain and the products and services they provide for plans maintained by others.

A third significant area of our practice is controversy work. Our team represents clients in government and private-party federal and state court litigation, as well as in government agency adjudicatory proceedings involving claims and coverage disputes, fiduciary responsibility and prohibited transaction matters, and plan termination and corporate split-off matters involving the Pension Benefit Guaranty Corporation.

Our primary service areas include:

  • Business Transactions
  • ERISA Litigation
  • Executive Compensation
  • Fiduciary Counseling
  • Health & Welfare Plans
  • Pension Fund Management
  • Retirement Income Plans

Employee Benefits

Experience Highlights

Executive compensation and employee benefit matters for major North American bottled water company
Redesigned the executive deferral plans, split dollar life insurance plans and executive health plans for a major North American bottled water more
Executive benefits structure for a Fortune 500 fast food operator
Prepared provisions for qualified and non-qualified plans to implement a benefits structure for executives transferring between international and more
Employee benefits for Acuity Brands Inc. subsidiary spin off
Advised Acuity Brands Inc., one of the world's leading providers of lighting fixtures, with respect to executive compensation and employee benefit more
IRS challenging a listed transaction for a global manufacturer
Represented a global manufacturer in a case involving a highly controversial “listed transaction” being challenged by the IRS.  The listed more

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