Employee Benefits and Executive Compensation Reps, Warranties, and Indemnification Clauses in M&A Deals

Mr. Lieberman has more than 25 years of experience advising a broad range of clients on ERISA, employee benefits, and executive compensation matters, including counseling on the design and operation of compensation and benefit arrangements and on issues under IRS Code Sections 280G, 162(m), 409A, and 457A; advising on employee benefits and ERISA issues in M&As and other corporate transactions; advising on plan compliance, corporate governance, and reporting matters; and providing support for ERISA controversies and litigation.

Mr. Liebl focuses his practice on advising public and private companies and individual executives on executive compensation related matters, including designing, drafting and administering nonqualified deferred compensation plans, excess benefit plans, severance plans and equity compensation agreements, among others. Mr. Liebl also has extensive experience advising clients regarding employee benefits and executive compensation issues in corporate transactions.

Mr. Marinaro focuses his practice on all aspects of employee benefits and executive compensation. He regularly counsels publicly traded and privately held companies, tax-exempt organizations, and governmental entities on various employee benefits and executive compensation matters. He advises on benefits and compensation issues that arise in domestic and cross-border corporate transactions, financings, and corporate reorganizations. He regularly advises on the treatment of benefit plans and equity awards in various deal structures, advising on Code Section 280G golden parachute requirements, drafting and negotiating severance agreements, change in control agreements, and retention bonus agreements.