FTC Final Rule Banning Noncompete Provisions: Impact on Deferred Compensation Plans

Mr. Smith utilizes his in-depth background in employee benefits and executive compensation law to advise public and private companies on establishing and ensuring the continued compliance of tax-qualified defined contribution and defined benefit retirement plans and all forms of executive compensation arrangements. He counsels clients on employee benefits matters that arise during mergers and acquisitions, finding solutions, and helping the deals to move forward. He also works with various health and welfare plans and executive and equity-based compensation. These include incentive and non-qualified stock options, restricted stock awards, stock appreciation rights, employee stock purchase plans, profits interests, phantom equity, performance unit and bonus plans, SERPs and other excess benefit plans, and non-qualified deferred compensation plans. 

Mr. Katz is a tax partner and member of the firm’s Executive Compensation & Employee Benefits Group. His practice focuses on a broad range of executive compensation and employee benefits matters in corporate transactions, including public and private mergers and acquisitions and securities offerings, and on the design, negotiation and implementation of employee agreements and equity-based incentive and other compensation programs for public and private companies, financial sponsors, management groups and individual executives. Previously, for several years, Mr. Katz was a member of the firm’s Mergers & Acquisitions Group, in which he worked on domestic and cross-border transactions for many of the firm’s private equity and corporate clients. Mr. Katz is ranked in Chambers USA (2024), where clients note he is “very commercial, super smart and a go-to lawyer.” He has also been described as “a clear communicator” who is “extremely knowledgeable, both technically and commercially.” Mr. Katz is recognized as a Next Generation Partner by The Legal 500 US (2024), where he is said to be “a great collaborator and negotiator.”

Ms. O’Leary specializes in executive compensation and employee benefits issues in corporate transactions, including executive, change in control, equity and equity-based, performance-based and non-qualified compensation arrangements, as well as tax-qualified retirement plans, health and welfare plans and fringe benefits.  She regularly advises both public and private clients on employment, compensation and benefits issues that arise in connection with mergers, acquisitions, divestitures, reorganizations and other business transactions, including with respect to securities and tax law. Ms. O’Leary advises clients on issues such as executive compensation proxy disclosures, 280G golden parachute payments, annual and long-term incentive programs, employment and consulting agreements, change in control agreements, and retention and severance arrangements.  She also advises on additional aspects of employment and tax law, including withholding issues, COBRA, HIPAA, PPACA, hiring practices, leave policies and practices, employment termination, personnel policies and fiduciary matters. Her clients include financial institutions, private equity funds, hedge funds, pension funds, energy companies, pharmaceutical manufacturers, agribusinesses, airlines, defense contractors and telecommunications entities.