Employee Benefits and Executive Compensation

Wyche regularly advises public companies, established private companies, entrepreneurs and start-up ventures, educational and other nonprofit institutions, and individual executives with respect to the design, drafting, and implementation of executive compensation and employee benefit plans and arrangements. We work with our clients to understand their compensation and benefits objectives and determine the best approach to achieve those objectives in light of the resources available to the client and the requirements of applicable tax, employment, securities, and corporate laws.

Typical engagements include:

  • Developing executive compensation strategies, including short- and long-term incentive plans, equity compensation, and nonqualified deferred compensation plans.
  • Negotiating executive compensation contracts representing employers and executives, including severance and change in control arrangements.
  • Designing equity compensation plans for public and private companies, including restricted stock, stock option, stock appreciation rights, restricted stock units, and phantom stock arrangements.
  • Advising clients on solutions to the special executive compensation and employee benefits issues arising in mergers and acquisitions, including Section 280G “golden parachute” change of control payment excise tax issues.
  • Assisting board compensation committees in the implementation of appropriate policies and procedures to meet fiduciary, SEC, and stock exchange requirements.
  • Representing clients in communications and negotiations with the Internal Revenue Service, Department of Labor, and other government agencies.
  • Assisting with SEC reporting and disclosure related to executive compensation, including proxy and registration statement disclosure, reporting on Forms 10-K, 10-Q, and 8-K, and Section 16 reporting.
  • Assisting in the design, drafting, and implementation of qualified retirement plans, including 401(k) and profit sharing plans and employee stock ownership plans (ESOPs).
  • Assisting in the design, drafting, and implementation of health and welfare benefit plans, including self-insured medical plans, cafeteria plans, health and dependent care flexible spending accounts, and health reimbursement arrangements (HRAs).