Fried Frank's Executive Compensation & ERISA Department is a highly sophisticated practice encompassing all aspects of executive compensation and employee benefits.
Our clients include privately and publicly held corporations and other business entities, boards of directors and compensation committees, investment banking firms, leveraged buyout and other investment partnerships, investment managers and senior executives.
We cover all aspects of executive compensation and employee benefits, including the Employee Retirement Income Security Act (ERISA), federal income tax and securities laws and state corporate law. We counsel clients on a wide range of employee, executive and human resource issues, including:
- Advising clients on all employee, executive and human resource issues arising in mergers, acquisitions, restructurings and public offerings
- Counseling boards of directors and compensation committees on executive compensation arrangements and human resource issues
- Counseling clients on all aspects of employee benefits
- Providing advice to trustees, investment managers and others with respect to their fiduciary responsibilities under ERISA
- Conducting defensive reviews for potential takeover targets regarding compensation programs and change-in-control arrangements, including golden parachutes
- Advising companies going through corporate restructurings or downsizings, on matters such as reductions in force, early retirement programs and plant closings
- Appearing on behalf of clients before regulatory agencies such as the Internal Revenue Service, Pension Benefit Guaranty Corporation and Department of Labor
- Assisting publicly held companies in their preparation of securities disclosure materials
- Designing and implementing executive compensation arrangements
- Assisting clients in connection with the formation of investment partnerships and the structuring of their individual investments to address ERISA's plan asset regulations
- Representing employers and senior executives in negotiating employment agreements
- Representing privately held companies with respect to stockholder and compensation arrangements and related governance issues
- Advising companies on the unique issues associated with underfunded pension plans
When offering counsel on cross-disciplinary matters, we collaborate with our Firm's practices in capital markets, mergers and acquisitions, restructuring and insolvency, litigation, tax, and trusts and estates. In appropriate circumstances, we draw on additional resources, working closely with accountants, actuaries and other consultants and in-house legal departments.