Articles and Law Treatises

Employee Benefits

Articles

When Remarriage Muddies the Waters: QDROs & Surviving Spouse Protection (PDF, 74KB) (2001, 2002) This article examines the potential consequences arising from a failure to designate a former spouse as the surviving spouse in a Qualified Domestic Relations Order (QDRO). The article, which appeared in the American Bar Association journals, Family Advocate (Fall, 2001) and GP Solo (March, 2002), has been cited as authority in several reported state and federal court decisions. See, for example, page 148 of the Ninth Circuit's opinion in Hamilton v. Washington State Plumbing (PDF, 113KB) (2006).

Recent Changes to the Minimum Distribution Rules for Tax-Qualified Retirement Plans. (PDF, 121KB) (1998)
This article summarizes and analyzes the IRS notices, announcements and proposed regulations which were issued in the wake of The Small Business Job Protection Act of 1996 to guide plan sponsors on how the new minimum distribution rules were to be implemented. The article points out that the IRS promulgations have afforded plan sponsors increased flexibility to choose among plan design alternatives. This article appeared in the July/August 1998 issue of Profit Sharing, a publication of the Profit Sharing/401(k) Council of America.

Some Health FSAs Are Exempt From HIPAA’s Requirements, But Not All (PDF, 83KB) (1998) This article analyzes the exemption requirements of HIPAA's portability rules for certain health FSAs, as discussed in the DOL technical bulletin, ERISA Technical Release No. 97-01. The article also addresses the compliance requirements for employers who sponsor health FSAs that are subject to HIPAA's portability rules. This article was published in the Spring 1998 issue of Plan Horizons, a publication of the National Institute of Pension Administrators.

Executive Compensation

Articles

Equity Interests in Limited Liability Corporations (PDF, 74KB) (2008) This article addresses the ways in which an LLC can share equity with its employees, and includes a discussion of the favorable tax treatment available to employees. This article appears in The Journal of Employee Ownership Law and Finance (Winter 2008).

Securities Law Considerations (PDF, 110KB) (2007) This article discusses the securities issues with which a closely held company should be concerned when considering the issuance of equity compensation or design of an equity compensation program. This article appears as a chapter in The Decision-Maker's Guide to Equity Compensation, a handbook of the National Center for Employee Ownership, published in 2007.

A Tiered Approach to Equity Design with Multiple Equity Compensation Vehicles (PDF, 113KB) (2006) This article updates the discussion of using multiple equity compensation vehicles, taking into account developments over the past several years, including the adoption of FAS 123(R). This article has been republished as a chapter in the revised edition of Beyond Stock Options, a handbook of the National Center for Employee Ownership, in 2006.

A Tiered Approach to Equity Design with Multiple Equity Compensation Vehicles (PDF, 112KB) (2004). This article discusses a "tiered" approach to equity program design that helps companies harness the advantages of using multiple equity vehicles to maximum effect. Included are examples of companies applying this approach to their equity compensation program. The article also illustrates how an ESOP may be used by private companies to make a market for company shares their employees acquire through other equity vehicles. This article appeared in The Journal of Employee Ownership Law and Finance in 2004, and has been reprinted as a chapter in Beyond Stock Options(2004), both publications of the National Center for Employee Ownership.

If Not Options, Then What? Equity Compensation in Today’s Economy (2003) This article, which discusses how companies are adapting to the current economic climate by reassessing their equity compensation practices, appeared in the September, 2003 issue of Workspan. You may purchase a copy for a nominal fee by contacting http://www.WorldatWork.org.

Underwater Stock Options and Repricing Strategy (PDF, 106KB) (2006) This article updates the discussion of repricing strategy in Underwater Stock Options and Repricing Strategy: Is Your Company Drowning in Confusion? and examines the impact of changes to the accounting rules under FAS 123(R)and to the tax rules under Code Section 409A upon the repricing decision. The article also reviews the current usefulness of repricing alternatives. This article appeared in The Journal of Employee Ownership Law and Finance (2006), and as a chapter of Selected Issues in Equity Compensation (2006).

Underwater Stock Options and Repricing Strategy: Is Your Company Drowning in Confusion? (PDF, 95KB) (2003, 2004)
With so many previous stock option grants underwater, what is the most effective solution a company should pursue in order to attract and retain talent in today's business and economic climate? This article, which addresses how a company might develop and implement an effective strategy to deal with this problem, examines repricing and its alternatives. The reader is also provided a useful appendix of practical checklists designed to assist companies think through these issues. This article appeared in the National Center for Employee Ownership publications, The Journal of Employee Ownership Law and Finance (2001), and later as a chapter of Stock Options: Beyond the Basics (2003) and Selected Issues in Stock Options (2004).

ERISA & Employee Benefits Litigation

Law Treatises

Contingent Workers & Employee Benefits (PDF, 341KB) (2005) This is an update of an earlier version of this chapter for the second edition of ERISA Litigation, published by The Bureau of National Affairs in 2005, incorporating all legal developments that occurred through the end of 2004.

Contingent Workers & Employee Benefits (PDF, 496KB) (2003)

2004 Chapter Supplement (PDF, 644KB)* (2004)
In recognition of the increasingly significant role that contingent workers play in today's workforce, this publication addresses the potential legal hazards that this arrangement may entail. The author reviews caselaw developments and offers recommendations on how companies and contingent workers might best deal with the issues involved. This chapter appeared in the first edition of ERISA Litigation, a treatise published by The Bureau of National Affairs in 2003 and supplemented in 2004.