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The Hirschler employee benefits team assists clients with the design and administration of competitive employee benefit packages that will attract and retain employees and other service providers who will contribute to a company’s growth and success. Our attorneys are knowledgeable about the complex tax, labor, and securities laws that apply to benefit programs and can ensure our clients meet their compensation package objectives while adhering to all applicable regulatory requirements. The team has in-depth experience in key employee compensation planning. We routinely assist clients with the employee benefit and executive compensation aspects of M&A transactions.

Our team can provide assistance with ERISA and Code requirements applicable to a wide array of employee benefits, including:

  • Qualified retirement plans including defined benefit pension plans, money purchase pension plans, profit sharing plans, 401(k) plans, 403(b) plans, 457(b) plans, and ESOPs
  • Non-qualified deferred compensation arrangements for key employees
  • Equity-based incentive plans, including profits interests, stock options, restricted stock, stock appreciation plans, and phantom equity plans

Welfare benefit plans and tax-favored flexible spending accounts and health savings accounts

For qualified retirement plans, Hirschler Fleischer assists in the design, installation, and maintenance of plans in compliance with the requirements of the Internal Revenue Code and ERISA. Hirschler is equipped to represent plans under audit by either the IRS or Department of Labor and to assist clients prepare voluntary correction program applications.

We have extensive experience in the creation and maintenance of Employee Stock Ownership Plans (ESOPs), where our attorneys integrate their knowledge and experience with that of the Corporate & Business Planning and Securities & Finance Practice Groups to reach beyond conventional concepts and deliver creative and effective solutions.

The team works closely with in the Investment Management practice group to assist private fund managers navigate the ERISA plan asset and prohibited transaction rules governing  retirement plan investments.



Assisted a leading provider of utility infrastructure solutions merge and consolidate multiple retirement plans.

Assisted independent financial services firm with ERISA fiduciary compliance related to retirement plan investment advisory services.

Assisted large institutional investor with design of incentive compensation s for its portfolio companies.

Conducted employee benefit plan due diligence for numerous M&A transactions

Conducted a comprehensive internal compliance audit of employee benefit plans to help client prepare for the sale of its business prepare.

Designed incentive compensation program for start-up software company.

Coordinated termination of an ESOP in connection with sale of plan sponsor.

Prepared numerous IRS voluntary compliance program (VCP) and DOL voluntary fiduciary correction program (VFCP) applications for benefit plans sponsors.






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