Practice Areas

CREATIVE. PROACTIVE. RELATIONSHIP-DRIVEN.

Practice Areas

Creative, Proactive, Relationship-Driven ERISA Legal Guidance

Hall Benefits Law has experience in all areas of benefits law, offering a comprehensive solution to all your business benefits needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code. Together, we reduce your exposure to potential legal or financial penalties. Get the customized legal support you need in each of the following areas:

 

Benefits in Mergers and Acquisitions

Strict legal requirements must be met when businesses are bought or sold, especially in the area of employee benefits, and there is a price for noncompliance. Whether you are buying or selling a company, we can help ensure the current and future benefits that are offered to all employees are in line with all state and federal requirements. We help create a custom solution for how the restructured business’s benefits look and function after the merger or acquisition has been completed.

 

Employee Stock Ownership Plans (ESOPs)

Employee Stock Ownership Plans (ESOPs) are a sophisticated benefit that can offer significant advantages to both employees and business owners. Implementation of ESOPs must be performed correctly to ensure up-front compliance, and ESOPs require maintenance as they mature. Our team has years of experience helping businesses build effective benefits packages that include ESOPs.

 

ERISA Litigation

To whom do you turn when, as a plan sponsor, plan, fiduciary, trustee, directed trustee, or plan service provider, you are faced with an ERISA lawsuit? At Hall Benefits Law, we relentlessly defend our clients using creative strategies to minimize harm and resolve lawsuits on favorable terms.

 

Executive Compensation

Retaining valuable executives can significantly affect business growth and stability. Well-designed executive compensation packages are an important feature in a company’s ability to recruit, reward, and maintain senior managers and other key personnel. HBL designs executive compensation programs that are practical, cost-efficient, and tailored to satisfy your business’s unique requirements.

Because of the lack of a public market for their securities, closely held companies face a set of unique challenges and requirements. HBL provides equity and executive compensation guidance, advice, and assistance to both privately held and public companies. Additionally, our team works with senior level management and key personnel to design customized employment and separation agreements. We assist clients with Internal Revenue Code Section 409A compliance.

HBL provides legal compliance guidance (including plan design, drafting, implementation, administration, and maintenance) for the following executive compensation arrangements:

  •         Equity incentive plans
  •         Top hat plan filings
  •         Stock award agreements
  •         280G golden parachute payments
  •         Employment agreements
  •         Section 162 executive bonus plan agreements

 

Health and Welfare Benefits

HBL offers comprehensive legal services for all your health and welfare benefit needs, including plan design, implementation, administration, and maintenance. Our services help reduce costs for retiree welfare benefits, and we complete all corrections that may be necessary due to administration errors. With our years of experience, we can help you with all aspects of this essential part of running your business.

“Health and welfare plan” generally means a “Wrap” plan, cafeteria plan, health savings account (HSA), health reimbursement account (HRA), fringe benefit plan (e.g. transportation, educational assistance), wellness program, or retiree health plan covered by the Employee Retirement Income Security Act of 1974 (ERISA).

Menu of services:

  • Plan design, drafting, implementation, administration, and maintenance
  • Counsel on cost-reduction strategies for retiree welfare benefits
  • Correct and redesign plan documentation and fix administration errors
  • Assist with health and welfare benefit plan issues related to mergers and acquisitions
  • Assist with IRS and DOL audits of health and welfare plans
  • Draft summary plan descriptions and other required participant disclosures including modifications and claims procedures notices
  • Assist with Health Insurance Portability and Accountability Act (HIPAA) compliance
  • Perform On-site HIPAA training
  • Assist with Consolidated Omnibus Budget Reconciliation Act (COBRA) compliance

 

Healthcare Reform

Laws and regulations regarding healthcare have been in a near-constant state of flux since the Affordable Care Act (ACA) was debated and passed years ago. HBL proactively protects your business against costly non-compliance penalties that can stem from failing to keep up with constantly evolving healthcare reform mandates. We review your current healthcare benefits to ensure you are in compliance today, and we provide ongoing review to help you keep up with any legal changes the future brings.

 

Retirement Plans

Retirement plans are under constant scrutiny from the DOL, IRS, and plan participants. Hall Benefits Law provides comprehensive retirement plan legal guidance, helping your business navigate complex retirement plan and fiduciary legal requirements. We also work with employers already in audit to mitigate exposure to excise tax, penalties, and sanction fees.

You have many different retirement plan options to consider, including 401(k) plans, profit sharing plans, 403(b) plans, 457 plans, cash balance plans, defined benefit (pension) plans, and more. A tax qualified plan has advantages for the employee and the employer. Choosing and implementing the right retirement plans for your business helps ensure you are able to attract and retain top talent while keeping your company on strong financial ground. We can help you choose, design, and properly implement the right retirement plans for your business. In addition, we’ll ensure you are in full compliance with the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, providing ongoing legal guidance and oversight.

While non-qualified deferred compensation plans may not be subject to many of the ERISA requirements, these increasingly popular retirement plan alternatives still fall under the umbrella of complex regulations imposed by Code Section 409A and other statutory and regulatory requirements. With respect to non-qualified deferred compensation plan design, implementation, and administration, HBL provides knowledgeable legal guidance that is customized to meet the company’s and executives’ needs, all within the parameters of the applicable legal requirements.

HBL counsels companies to ensure that their retirement plans comply with expansive ERISA, Internal Revenue Code, and other federal statutory requirements. HBL provides comprehensive legal guidance that helps companies navigate such complex legal obligations while achieving the best positions to defend against potential future claims. HBL provides a complete slate of retirement plan services and support including:

  • Draft, implement, maintain, amend, and terminate plans
  • Prepare remedial amendment cycle filings
  • Draft plan correction filings under the IRS Employee Plan Compliance Resolution System (EPCRS)
  • Provide counsel with respect to retirement plan issues in mergers and acquisitions
  • Provide counsel for fiduciary correction issues
  • Assist with Code Section 409A compliance for non-qualified deferred compensation plans (including supplemental executive retirement plans (SERPs), excess benefit plans, salary and bonus deferral arrangements, taxable expense reimbursement arrangements, change in control awards, and retention agreements)
  • Draft summary plan descriptions, modifications, and other required participant disclosures
  • Represent and assist with DOL and IRS Audits, including mitigation or waiver of penalty assessments
  • Assist with church plan status and related issues

 

 

Contact Us

If you would like to learn more about any of these services, please don’t hesitate to contact Hall Benefits Law. We can schedule a consultation to review your current situation and future needs right away.