Waller Lansden attorneys practicing in the employee benefits/ERISA and executive compensation practice area have extensive experience in all areas of client counseling, corporate transactions and dispute resolution for both the public and private sector. We routinely design and draft all types of employee benefit plans including 401(k), pension, profit sharing and employee stock ownership plans (ESOPs), health and welfare benefit plans, cafeteria or "flexible benefit" plans, stock option and other equity compensation plans and non-qualified deferred compensation arrangements (including SERPs).
Waller Lansden has represented both purchasers and sellers in numerous merger and acquisition transactions and lending and financing transactions with respect to benefit plan liabilities, arranging post-closing benefits, addressing change in control and golden parachute tax concerns and performing due diligence analysis. Our attorneys are sensitive to the accounting and business impact of the tax, fiduciary, valuation and other considerations that apply in these situations. We are also experienced in transactions involving both leveraged and non-leveraged ESOPs and have represented companies and trustees in all aspects of negotiated transactions.
Our ERISA attorneys work closely with our litigators in handling controversy matters. We frequently represent employers and plan administrators in managing claims through ERISA's administrative appeal process and litigation. Our dispute resolution experience also includes defending plan fiduciaries against claims of fiduciary misconduct, in pursuing claims against fiduciaries and third-parties on behalf of co-fiduciaries. We also handle investigations and audits by the Department of Labor and the Internal Revenue Service, and have engaged in extended negotiations on plan funding with the Pension Benefit Guaranty Corporation.
In the area of executive compensation, we have designed and implemented a wide range of stock option, restricted stock, phantom stock and other equity-based incentive programs. We routinely address tax considerations, ERISA considerations, accounting treatments, compliance with federal and state securities laws and related legal matters. Negotiating executive employment and change in control agreements is a significant part of our practice. In this area, we have represented companies and executives in a wide range of situations. We are actively engaged in equity compensation issues, and have contributed to the development of these principles on stock incentive programs by NYSE and NASDAQ. Our philosophy is to involve accounting and other professionals who are advising a corporation in plan design in order to properly address accounting considerations, valuation, shareholder approval and other matters.
