practices
Our experts in various fields find solutions for customers. We provide customized solutions based on a thoroughly analyzed litigation database.
Employee Benefits
Strategic Counsel for Comprehensive Benefits Compliance and Design
SJKP LLP’s Employee Benefits Practice provides comprehensive legal counsel on a wide range of benefits-related issues arising from corporate transactions, reorganizations, and ongoing business operations. Our team supports employers, fiduciaries, and institutional investors in navigating complex ERISA, tax, and regulatory compliance frameworks while ensuring that benefit programs align with business goals and workforce needs.
We bring together experience from corporate, tax, and litigation disciplines to offer seamless legal solutions for plan design, governance, and dispute resolution. Whether advising on mergers, retirement plan administration, or executive compensation, our attorneys help clients manage risk and maximize value from their employee benefits programs.
contents
1. Employee Benefits in Corporate Transactions
Employee benefits are often a critical element in corporate transactions such as mergers, acquisitions, divestitures, and bankruptcies. SJKP LLP advises clients on how benefit plans and compensation programs affect deal value, structure, and integration. We assess potential liabilities, negotiate key provisions, and ensure compliance with ERISA and tax regulations across all stages of the transaction.
Employee Benefits Due Diligence and Negotiations
We conduct detailed due diligence to uncover potential plan-related liabilities, unfunded obligations, or compliance gaps. Our attorneys work closely with corporate deal teams to integrate benefits issues into transaction documents, including representations, warranties, and indemnification provisions.
Employee Benefits Plan Transition and Integration
Following a merger or acquisition, we assist clients with harmonizing benefit plans, addressing change-in-control provisions, and communicating effectively with employees. Our team ensures smooth post-closing transitions that minimize disruption and preserve compliance with federal and state benefit laws.
Employee Benefits and Executive Compensation Alignment
We review executive compensation arrangements—such as retention bonuses, severance plans, and stock option programs—to ensure they comply with Section 409A, golden parachute rules, and other tax regulations during corporate reorganizations or sales.
2. Employee Benefits Regulatory and IRS/DOL Compliance
SJKP LLP provides counsel on regulatory compliance and interaction with key government agencies including the Internal Revenue Service (IRS), Department of Labor (DOL), and Pension Benefit Guaranty Corporation (PBGC). We help clients navigate correction programs, audits, and complex reporting obligations while maintaining compliance with fiduciary standards.
Employee Benefits Government Audits and Disputes
Our attorneys represent clients in audits and enforcement actions involving qualified plans, fiduciary breaches, or prohibited transactions. We develop corrective strategies under IRS and DOL voluntary compliance programs (VCPs and DFVCPs) to mitigate penalties and restore compliance.
Employee Benefits PBGC and Multiemployer Plans
We handle PBGC premium filings, termination proceedings, and withdrawal liability issues related to multiemployer pension plans. Our team assists in negotiating settlements and compliance strategies that balance cost and long-term funding objectives.
Employee Benefits Reporting and Disclosure Compliance
We advise on ERISA reporting requirements including Form 5500 filings, participant disclosures, and fiduciary updates. Our attorneys help clients manage compliance calendars and documentation to avoid costly penalties or litigation exposure.
3. Employee Benefits and Investment Fund Operations
Our team regularly advises on ERISA implications for private equity funds, joint ventures, hedge funds, and other investment structures. We provide strategic counsel on the “plan asset” rules, fiduciary status, and prohibited transaction exemptions that govern investment activities involving benefit plan assets.
Employee Benefits Fiduciary Governance and Fund Structuring
We help investment managers and fund sponsors design compliant structures that avoid ERISA plan asset characterization, or when necessary, meet fiduciary obligations under ERISA Section 406. Our team drafts governance documents, side letters, and policies that align with both investor expectations and regulatory mandates.
Employee Benefits Prohibited Transaction Compliance
Our attorneys advise clients on ERISA Section 406 and 408 exemptions, helping identify and document prohibited transaction risks. We also assist in obtaining individual or class exemptions from the DOL when necessary to support fund operations.
Employee Benefits and ESG Considerations in Investment
As environmental, social, and governance (ESG) principles become increasingly relevant to fiduciary duties, SJKP LLP advises plan sponsors and fund managers on integrating ESG factors within the bounds of ERISA and fiduciary prudence standards.
4. Employee Benefits Design and Plan Governance
SJKP LLP helps employers design, draft, and administer employee benefit plans that attract and retain top talent while maintaining compliance with legal and financial obligations. Our team supports clients in developing comprehensive plan documentation and governance structures that ensure operational efficiency and fiduciary oversight.
Employee Benefits Plan Drafting and Implementation
We assist clients in drafting plan documents, summary plan descriptions (SPDs), and participant communications that reflect current law and company policy. Our guidance covers both qualified retirement plans (401(k), pension, profit-sharing) and nonqualified deferred compensation arrangements.
Employee Benefits Fiduciary Oversight and Training
We advise fiduciaries on best practices for plan administration, governance, and risk management. Our attorneys conduct fiduciary training programs and develop checklists to help boards, committees, and administrators fulfill their duties of prudence and loyalty under ERISA.
Employee Benefits Health and Welfare Plan Compliance
We provide ongoing guidance on compliance with the Affordable Care Act (ACA), COBRA, HIPAA, and other federal and state laws governing employee health and welfare benefit plans. Our team helps employers adapt to evolving regulatory requirements and avoid compliance pitfalls.
5. Employee Benefits and Litigation Risk Management
SJKP LLP represents clients in all aspects of ERISA litigation, including class actions involving plan mismanagement, fiduciary breaches, and disputes over benefit entitlements. Our litigation and benefits teams work together to craft proactive defense strategies that protect financial and reputational interests.
Employee Benefits ERISA Litigation Defense
We defend employers, plan sponsors, and fiduciaries against allegations of imprudent investment, excessive fees, or breach of fiduciary duty. Our attorneys also handle benefit claims disputes under both ERISA and state law, ensuring that procedural requirements and administrative remedies are fully leveraged.
Employee Benefits Risk Mitigation Strategies
Prevention is the best defense. We help clients implement governance policies, internal audits, and compliance reviews that identify potential risks before they lead to litigation. Our team assists in revising plan terms and operational procedures to align with evolving case law and regulatory guidance.
6. Why Choose SJKP LLP for Employee Benefits Counsel
SJKP LLP combines deep regulatory knowledge, transactional experience, and litigation capability to deliver full-spectrum support for employee benefits matters. Our attorneys have served as trusted advisors to Fortune 500 companies, financial institutions, and private equity firms across industries.
Employee Benefits Multidisciplinary Expertise
Our integrated team includes professionals with backgrounds in tax, labor, corporate, and securities law, enabling us to deliver cohesive and practical advice across complex benefits landscapes.
Employee Benefits Global and Cross-Border Capability
With attorneys across major financial and business hubs, SJKP LLP supports multinational clients managing benefits programs across jurisdictions. We coordinate local compliance strategies that align with international employment and tax frameworks.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
