Legal Services

Employee Benefit Plans / Executive Compensation / ERISA

Competition among employers to attract the best employees and executives remains fierce regardless of the economic climate. One way to attract such talent is to offer employee benefit plans and executive compensation packages, which meet or exceed your competition. Archer provides a full array of competitively priced services relating to employee benefit plans and executive compensation. Archer can work with you to implement creative and tax-favored benefits tailored to attract and retain talented labor and key employees. Whether you are a sole proprietorship, closely held family business, publicly traded company or nonprofit organization, we can design plans to have more money in your and your employees’ pockets.

Archer provides its clients with a wide variety of legal services. With expertise in tax, securities and corporate law, we can provide counseling in areas such as structuring, design, drafting, formation, administration, regulatory compliance and termination of qualified and non-qualified retirement plans, cafeteria plans, other welfare benefit plans and fringe benefit programs. We also provides advice concerning benefit plans in connection with corporate mergers, acquisitions and restructuring, fiduciary responsibilities, error correction, ERISA matters, prohibited transaction issues, and representation before federal governmental agencies (such as the IRS, PBGC, and the DOL) with jurisdiction over employee benefit plans. In the area of executive compensation, this practice group can work with you to develop, negotiate and memorialize equity compensation arrangements, option agreements, nonqualified deferred compensation agreements and executive employment agreements to assure key personnel will be a part of your company well into the future. Finally, if your benefits become the subject of a dispute or litigation, we also provide guidance and representation dealing with topics which include individual claims, class-action cases, benefit claims, challenges to plan qualification and alleged fiduciary breaches.

Experience

  • The representation of a major health care provider in the defense of class action claims alleging that it had unlawfully accumulated over $500 million in excess surpluses;
  • The representation of a major oil distributor in connection with administrative demands for information and damage claims brought by governmental agencies arising out of the environmental remediation of two of the largest refinery sites in New Jersey;
  • The successful defense, in a two-week jury trial, of the subsidiary of one of the country’s largest property and casualty insurance companies against claims for approximately $2 million in damages arising for a failed real estate transaction;
  • The successful representation of a software developer in a three-week commercial arbitration proceeding arising from the installation of an multi-million dollar, enterprise-wide software system at a major insurance company;
  • The successful defense, as the result of a thirteen-week non-jury trial, of the majority shareholders of a major New Jersey company against claims of minority shareholder “oppression.”
  • Received favorable and novel reported decision from New Jersey Federal District Court interpreting provisions of a Federal law offering long term care insurance to employees and retirees, which rejected a retiree’s claim that the Federal law violated disability discrimination laws.
  • Received defense jury verdict in three-week whistleblower case filed against Fortune 500 laboratory testing company.
  • Designed a defined benefit plan that allocates 94% of the contribution to the shareholder/executive of a small business.
  • Implemented incentive stock option plan that provided qualified stock options to over 100 employees of a growing high-tech software developer.
  • Obtained reinstatement for a missionary society in the Cumulative List of Exempt Organizations of the IRS and obtained exemption from the obligation to file the annual Form 990.
  • Guided a 450 participant 401(k) plan through an IRS office audit.
  • Amended a new comparability plan to improve the permitted discrimination in favor of the highly compensated shareholder/members of a medium sized professional service business.
  • Represented Third Party Administrators with practical solutions to problems in plan administration and has served as in-house counsel and compliance officer for a major trust company.

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