More About This Practice

Balch attorneys offer a level of substantive knowledge, experience and technical skill required to confront the ever changing laws and regulations affecting employers, executives and employee benefit plans. Our attorneys are the premier guides to steer employers (and executives) through this complex regime of laws and regulations to achieve their business objectives. Our team delivers comprehensive counseling, transactional, business, and litigation guidance to clients ranging from individuals and start-ups, private companies, tax-exempt entities to multi-billion dollar public companies and financial institutions. In particular our attorneys in the employee benefits and executive compensation practice devote a substantial amount of time to the following areas: 

  • Executive Compensation Planning: As the demands on executives increase and their performance and compensation are increasingly scrutinized, many companies and individuals seek Balch’s experience to negotiate and draft company-wide or individual executive compensation packages and severance arrangements. These have included incentive equity plans and change-of-control protections (golden parachutes).  
  • Tax-Qualified Retirement Plans: Our clients benefit from our solid reputation as well as experience in working with governmental agencies when they are seeking creative ways to deliver tax-qualified benefits under retirement plans, such as 401(k) plans, ESOPs, cash balance plans, defined benefit pension plans and plans containing qualifying employer securities. Our attorneys advise clients on plan design, draft plan documents and amendments, assist with governmental filings and advise clients with respect to the correction of plan qualification defects. 
  • Welfare Benefit Plans: We regularly advise clients on the content and efficient administration of plans providing health/medical, disability, accidental death, and life insurance benefits, as well as programs relating to post-retirement benefits, post-employment coverage, dependent care and employee assistance benefits. Our attorneys also have experience with respect to COBRA, HIPAA and FMLA. 
  • Mergers & Acquisitions: We frequently provide counsel on the ERISA and executive compensation implications of proposed corporate transactions and restructurings, from acquisitions to spin-offs and other divestitures to mergers. We also advise clients with respect to developing, implementing, modifying and terminating ERISA programs and fiduciary arrangements in connection with corporate transactions.  
  • Fiduciary Advice and Litigation: We have longstanding advisory relationships with many financial institutions that serve as fiduciaries for ERISA plans. This experience also benefits our many other clients who face potential fiduciary issues on a more occasional basis. In addition, we have negotiated settlements and litigated disputes involving a broad variety of ERISA claims.
  • Employee Benefits:  We frequently work with our Executive Compensation Practice Group to develop executive compensation plans, and to defend challenges relating to fiduciary duty and the denial of benefits and other issues arising under the Employee Retirement Income Security Act of 1974 (ERISA).