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The Employee Benefits and Executive Compensation Practice at Morris, Manning & Martin understands that the highly-regulated and complex nature of employee benefits and executive compensation renders a challenging task for employers. We partner with our clients to meet these challenges by providing traditional employee benefit services, as well as innovative and practical solutions to complicated employee benefit issues. With business priorities clearly in mind, we provide our clients with practical, results-oriented, responsive, and proactive solutions.
MMM regularly advises on ERISA and qualified retirement plan compliance, operation, design, and administrative issues. We review and amend plan documents and investment policies for legal compliance with state and federal laws, advise on benefit claims and other fiduciary issues, and provide representation before the IRS DOL, and PBGC in connection with plan determination letter filings, voluntary correction programs, and plan audits. We advise fund sponsors, investing plans and lenders with respect to income tax and ERISA issues related to benefit plan investments under the ERISA “plan asset” regulations and disclosures for such investments in offering documents. We also offer opinion and comfort letters on plan qualified status through the MMM D-Letter Program.
Key Services
MMM provides extensive advice to companies concerning executive compensation matters, including equity-based compensation, retention and bonus arrangements, change in control agreements, and severance arrangements and plans. We work closely and efficiently with members of the MMM Employment Practice with respect to employment agreements, executive contracts, and severance and separation release agreements, and the MMM Corporate Practice with respect to equity compensation planning to ensure our clients’ needs are met.
Key Services
MMM routinely advises clients on fiduciary compliance under ERISA and applicable state law, providing advice to governmental and non-governmental entity plan committees. We assist clients in preparing documentation to accurately define their fiduciary or non-fiduciary status, and to limit the scope of their potential fiduciary liability. We also assist with developing services, programs, service agreements, disclosure documents, and marketing materials that are consistent with the client’s fiduciary status and services. We regularly advise on the DOL’s fiduciary rules and fee disclosure regulations.
Key Services
MMM offers one of the most skilled and highly experienced legal teams in the Georgia public pension and retirement plan area. We regularly represent governmental employers, including cities, counties, regional authorities, hospital authorities, and transit authorities, and board and committees overseeing governmental plans. Our team has extensive experience addressing the specialized needs of governmental plans, including compliance with applicable federal, state, and local laws.
Key Services
Issues Unique to Governmental Plans in Georgia:
MMM regularly advises clients on health and welfare issues, such as administration, plan design, and compliance with federal and state laws, including the Patient Protection and Affordable Care Act (PPACA), HIPAA, and COBRA. We represent clients and their various group health and welfare, medical, Section 125 cafeteria, voluntary employees’ beneficiary association (VEBA), retiree health, vacation, severance, and other health and welfare benefit plans.
Key Services
Often in the context of business transactions, it is advisable for management to obtain legal counsel separate from the employer’s legal counsel to adequately protect management interests in the context of the transaction. The Employee Benefits and Executive Compensation Practice provides advice and guidance to clients on all aspects of compensation and benefits impacting executives and senior management. We routinely represent senior executives and board members of employers of all sizes—public and private, Fortune 500 to start-ups—to help them navigate and understand the critical and complex issues involved in the negotiation and implementation of individual compensation agreements, transition and rollover matters.
Key Services
The Employee Benefits and Executive Compensation Practice also supports the firm’s significant Transactional Practice. Our lawyers assist in various corporate transactions including corporate restructurings and mergers and acquisitions. In such complex transactions, we work with the firm’s Transactional lawyers to provide effective counseling and management of employee benefits and executive compensation issues.
Key Services
