Employee Benefits

Forward-thinking solutions for a complex world

Our Employee Benefits Group has extensive experience with the full gamut of legal, administrative and fiduciary matters arising from the design, implementation and operation of equity-based and deferred compensation, qualified retirement, welfare, fringe, and multiemployer plans and trusts, and compensation and payroll practices. We work closely on these matters with human resources and benefits professionals; boards of directors, senior management and owners; and fiduciaries and plan administrators of publicly-traded and closely-held private employers, government and public employers, trustees and other fiduciaries and plan administrators.

We routinely advise our clients on benefits issues arising in corporate transactions and restructurings, providing services ranging from negotiating appropriate representations, warranties and covenants, conducting due diligence before and during the transaction to resolving post-closing benefits issues, liability transfers, plan amendments and general day-to-day plan administration.

We frequently represent single and multiemployer plans, their sponsors and fiduciaries in audits and investigations by the Internal Revenue Service (“IRS”), U.S. Department of Labor (“DOL”), and the Pension Benefit Guaranty Corporation (“PBGC”) and process issues through IRS and DOL self-correction programs.

Our focus is advising clients on strategies and responses designed to avoid litigation and lessen liability. However, we have extensive litigation and disputes resolution experience. For example, we have represented clients in litigation and disputes relating to claims involving ERISA’s fiduciary duty and prohibited transaction provisions; claims arising from plan investment losses; claims for benefits arising under generally applicable plans and individual agreements, including group health, retiree medical, disability, life insurance, severance and executive compensation; ERISA Section 510 claims; ERISA preemption of state law claims and claims filed against insurers and health care providers; restrictions on benefit coverage; plan amendments and terminations; claims to recover employer contributions to multiemployer funds; withdrawal liability; and sophisticated issues revolving around Taft-Hartley plans. We handle PBGC proceedings; U.S. Department of Justice, DOL and EEOC investigations and lawsuits; and Tax Court cases.

The Brownstein Advantage

• Constantly updated proficiency. Keeping up with the dizzying pace of change in employee benefits and executive compensation can be overwhelming. That is why Brownstein’s Employee Benefits Group dedicates its resources to staying on top of the myriad issues for you.
• Strategic partnerships. As a true partner in our clients’ success, we help clients stay ahead of conflict by advising on the implementation of strategies to insulate employer assets and prevent benefits-related disputes. We will work internally with your benefits personnel, offering a strategic partnership that integrates with your business structure and company goals. 
• Ongoing feedback. To help our clients adapt to the ever-changing world of employee benefits, we serve as a sounding board for new ideas and counsel clients on the day-to-day elements of their employee benefits programs. 
• Wide range of clients and experience. Our Employee Benefits Group works with clients that range from Fortune 100 companies to family-owned businesses to entrepreneurial start-ups. We are well versed in the complete assortment of benefits issues faced by private and public employers and the boards of trustees of multiemployer plans.