OVERVIEW
Clark Hill’s employee benefits team combines knowledge and experience in ERISA and state-law employee benefits issues with skills honed in a variety of related practice areas. This diverse team of attorneys and professionals combines their labor & employment, taxation, trusts, insurance, commercial litigation and appellate practice with their knowledge of plan design and administration, multiemployer plans, benefit claims and fiduciary duty issues to provide an integrated approach to serving the full range of our clients’ employee benefit needs. Our attorneys are all active members of the industry and bar association groups that deal with employee benefits matters and have authored many articles, webinars and other presentations in the benefits area. We have substantial experience in dealing with the IRS, Department of Labor and the Pension Benefit Guaranty Corporation.
PLAN DESIGN AND ADMINISTRATION
Clark Hill’s employee benefits team of attorneys counsel businesses, governmental entities and individual clients regarding a full range of benefits issues. Our full line of employee benefits services include:
- Drafting and implementation of plans
- Preparation of IRS, Department of Labor and PBGC filings
- Assistance with IRS, Department of Labor and PBGC plan audits
- Qualified plan correction program compliance
QUALIFIED PENSION PLANS. We deal with all types of tax-qualified plans, including profit sharing, defined benefit, 401(k), money purchase, employee stock ownership and multiemployer and multiple employer plans.
WELFARE AND FRINGE BENEFITS PLANS. Our expertise regarding welfare and fringe benefit plans includes cafeteria plans, flexible spending accounts, HRAs, severance plans, VEBAs, group health plans and disability plans.
GOVERNMENT AND TAX EXEMPT ORGANIZATION PLANS. Our attorneys are experienced in dealing with issues particular to governmental entities and tax-exempt organizations, including 403(b) plans, 457(b) plans, 457(f) plans and intermediate sanction rules.
EXECUTIVE COMPENSATION. Our attorneys also represent and counsel clients regarding all areas of executive compensation, including non-qualified deferred compensation and incentive compensation, stock option plans, phantom stock plans and SERPs.
BENEFITS LITIGATION
Clark Hill attorneys represent employers, fiduciaries, insurers and third party administrators regarding all manner of claims before federal and state trial and appellate courts and administrative agencies. Our litigation experience includes defending claims in the following areas:
- Medical benefits claims
- Disability benefits claims
- Breach of fiduciary duty claims
- Discrimination claims
- ERISA reporting and disclosure claims
- Multiemployer plan contribution claims
- Withdrawal liability claims
Combining their plan design and administration, and litigation skills and experience, our attorneys also counsel employers and fiduciaries on methods for avoiding adverse claims. When matters reach the litigation stage, Clark Hill attorneys are experienced in handling claims both under ERISA and, where ERISA is inapplicable, under pertinent state laws.