Whether a company is large or small, start-up or well-established, public or private, high tech or nuts and bolts, a motivated and productive workforce is essential to its success.  Employee benefits plans are a crucial element in recruiting and maintaining a happy and productive workforce.  The employee benefits plans of a particular company should be tailored-made to suit its needs and the needs of its employees.

Even as companies are becoming more aware of the importance of employee benefits plans in the success of their businesses, the law governing employee benefits plans is becoming ever more complex and pervasive.  Proper legal advice and planning for employee benefits plans involve tax law, labor law, securities law, corporate law, and estate planning law, among other fields.  The task of an employee benefits attorney is to cut through this legal thicket to give each client advice that is practical and understandable.

Irell & Manella LLP has a wealth of experience in designing and drafting all kinds of employee benefits plans for all types and sizes of employers, and in giving practical and understandable legal advice about operating and maintaining the plans to achieve their business objectives and to comply with applicable laws.  We also have extensive experience in getting employers and plans out of hot water with the IRS and the Department of Labor, including the handling of audits and remedial procedures such as "EPCRS " procedures.  Our attorneys deal with all types of plans, including the following:

• Broad-based pension plans, profit-sharing plans, 401(k) plans, ESOPs, Section 403(b) tax-deferred annuities, and Section 457 plans;

• Welfare plans, such as medical, dental, life insurance, severance, disability, and cafeteria plans and VEBAs;

• Equity-based compensation, such as stock option plans (including ISO plans), restricted stock, stock appreciation rights, phantom stock plans, and Section 83; and

• Executive compensation plans, including "top hat" plans, deferred compensation plans, SERPs, golden parachutes, bonus and incentive plans, executive employment agreements, rabbi trusts, and fringe benefits.

Our employee benefits attorneys represent clients on the benefit aspects of corporate mergers and acquisitions of all types, and the mergers of plans.  They give practical and understandable legal advice regarding matters such as QDROs, COBRA, investment of plan assets, prohibited transactions and other fiduciary rules, reporting and disclosure, UBTI, lump-sum distributions, rollovers, annuities, minimum distributions, excess assets, and IRAs.

Our employee benefits attorneys are recognized by their peers for their excellent work, and for lecturing and publishing on employee benefits subjects for the American Law Institute (ALI – ABA), the USC Tax Institute, the California Society of CPAs, the ASPA/IRS Los Angeles District Benefits Conference, the National Institute of Pension Administrators, the California Continuing Education of the Bar, the Employee Benefits Committee of the Taxation Section of the State Bar of California, the Employee Benefits Committee of the Tax Section of the Los Angeles County Bar Association, the Employee Benefits Section of the Beverly Hills Bar Association, the Southern California Income Tax Forum, and the Western Pension and Benefits Conference.

For more information, please contact Thomas Kirschbaum.