Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

On this episode of "Just Compensation," the hosts provide an introduction into Section 409A, the complicated tax code provision that governs non-qualified deferred compensation: when does it apply, how do you comply with it, what are the exceptions, and what are the implications of noncompliance?  Speakers: Darren Goodman , Vice Chair, Executive Compensation and Employee Benefits Megan Monson ,  P...

On this episode of "Just Compensation," Darren Goodman , Sophia Mokotoff , and Taryn E. Cannataro  discuss equity compensation that can be issued by partnerships, with a special focus on profits interests. Profits interests are very commonly used by partnerships due to their flexibility in structuring and advantageous tax treatment. The lawyers explain the pros and cons of such arrangements. Speak...

Andrew Graw , Taryn Cannataro , and Jessica Kriegsfield of Lowenstein Sandler's Employee Benefits and Executive Compensation Practice Group address multi-employer pension plans in the context of a business transaction, providing listeners with an overview of considerations and areas of potential liability plus tips on how to mitigate these issues. A multi-employer plan is comprised of various unre...

On the latest episode of "Just Compensation," Andrew E. Graw, Taryn E. Cannataro , and Jessica I. Kriegsfeld address single-employer defined benefit plans in the context of a business transaction, and the potential liabilities inherent in maintaining the plan post-closing as well prior to the closing— especially in light of how well funded the plan is. They discuss who bears the liability for a de...

Today on " Just Compensation ," Darren Goodman , Megan Monson , and Taryn E. Cannataro of Lowenstein's Employee Benefits & Executive Compensation group are joined by Sophia Mokotoff , partner in the firm's Tax group, to discuss Internal Revenue Code Section 457A, a complicated provision of the tax code which regulates deferred compensation from certain non-US entities. The lawyers provide a high l...

In today's episode of "Just Compensation," Kate Basmagian , partner in Lowenstein's Capital Markets & Securities group and chair of the firm's ESG group; Christine Osvald-Mruz , partner in the Employee Benefits & Executive Compensation group; and associate Jessica I. Kriegsfield discuss the new NASDAQ and NYSE clawback policy requirements, including the new listing standards, what companies must i...

A well-thought-out hiring process can help companies not only attract and retain top talent, but it can also ensure that companies meet legal obligations, obtain necessary protections, and avoid costly mistakes. In this episode of Just Compensation: Lowenstein's Employee Benefits & Executive Compensation Podcast , Megan Monson , Julie Levinson Werner , Taryn E. Cannataro , and Amy C. Schwind discu...

Today on Just Compensation , Megan Monson , Julie Levinson Werner , Taryn E. Cannataro , and Amy C. Schwind discuss some of the issues an employer must consider as the workforce becomes increasingly remote. They recommend that employers set clear expectations on issues such as hours and availability for employees who work from home, and they encourage employers to be aware of compliance issues ari...

Megan Monson , Amy Komoroski Wiwi , and Jessica I. Kriegsfeld talk about recent developments and trends in the law relating to employment-related non-competition agreements, including a proposed federal rule that could significantly limit their use. They also explore potential ideas and workarounds for employers to consider in place of non-competes in order to provide protection to a company.  Not...

Andrew E. Graw , Megan Monson , Jessica Kriegsfeld discuss the SECURE 2.0 Act and some of the retirement plan changes it will create in 2023 and beyond, such as raising the age for taking required minimum distributions from tax-qualified plans; mandating automatic enrollment; and increasing the catch-up contribution limit. The lawyers explain the public policy behind the changes— to increase retir...

The latest "Just Compensation" podcast features Megan Monson , Taryn E. Cannataro , and Jessica Kriegsfeld of Lowenstein's Employee Benefits & Executive Compensation group describing some of the benefits-related considerations of which buyers should be aware in transactions involving an entity that uses a professional employer organization or PEO. Many companies use PEOs to handle HR tasks such as...

In this edition of "Just Compensation," Andrew E. Graw , Chair of Lowenstein's Employee Benefits & Executive Compensation practice, talks with partner Megan Monson and counsel Taryn E. Cannataro about 401(k) plan considerations in the context of mergers and acquisitions. They address potential alternatives on what to do with a target's 401(k) plan (if anything) in a transaction, including some pro...

In this episode, the hosts discuss how companies can structure "in-the-money" stock options in order to avoid violating IRS rules governing non-qualified deferred compensation. They also address the benefits and potential downsides to this kind of option and what companies should know if they're looking to grant them. Speakers: Andrew E. Graw , Partner and Chair, Employee Benefits & Executive Comp...

Lately, more and more companies are unfortunately finding themselves in a situation where they need to lay off part of their workforce. This discussion outlines some of the high-level considerations to keep in mind as companies navigate this process, including whether to offer the impacted employees' severance or other benefits like extended COBRA; whether the company should require employees to s...

Darren Goodman , Megan Monson , and Taryn E. Cannataro of Lowenstein's Executive Compensation & Employee Benefits Group discuss what companies can or should do if stock options are about to expire, which is a particular concern in today's uncertain economic climate. Speakers: Darren Goodman , Partner, Employee Benefits & Executive Compensation Megan Monson , Partner, Employee Benefits & Executive...

Darren Goodman and Taryn Cannataro of Lowenstein's Employee Benefits and Executive Compensation group are joined by guest Eric Weiner , partner in the firm's Tech Group and the Co-Chair of Lowenstein Crypto to discuss a hot topic and emerging trend in executive compensation: cryptocurrency and token issuances. Despite the recent downturn in the crypto markets, we have continued to see crypto emplo...

Megan Monson , Andrew E. Graw , Taryn E. Cannataro of Lowenstein's Employee Benefits & Executive Compensation group discuss with partner Marie DeFalco , Co-Chair of the firm's Investment Management group, the significance of the QPAM exemption from ERISA prohibitions on transactions with a party in interest for investment advisers. The group explains current and possible new requirements for quali...

In this episode of "Just Compensation," Megan Monson , Taryn E. Cannataro and Darren Goodman discuss phantom equity, which is a type of bonus plan often utilized by privately held companies, particularly when the company's stock has declined in value. The episode touches on why a company might want to issue phantom equity, why might an employee want to receive it, and what timing, taxation and oth...

James Gregory , Batool T. Banker , and Taryn E. Cannataro of Lowenstein's Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing employees whose employer is undergoing a change in control. The lawyers discuss the importance of clear contractual terms governing issues such as duration, termination, se...

In the current state of the economy, stock option repricing may be a valuable tool in incentivizing employees. Partners Darren Goodman and Megan Monson talk with Taryn Cannataro about the benefits of repricing, the variety of forms they can take, and potential downsides tech companies need to be aware of before embarking on a stock option repricing. Speakers: Darren Goodman , Partner, Employee Ben...

Host Megan Monson , partner in Lowenstein's Employee Benefits & Executive Compensation group, talks to guests Andrew E. Graw , the group's Chair, and Julie Levinson Werner , partner in the firm's Employment Counseling & Litigation practice, about how employers can offer support to employees in the wake of the Supreme Court's overturning of Roe v. Wade . The podcast discusses how an employer may of...

Partners Dotan Barnea and Darren Goodman talk with Taryn Cannataro about what a startup outside of the United States should do if it is considering granting stock options to employees in the U.S. Such situations give rise to compliance issues under multiple sets of rules, depending upon the jurisdictions involved, as well as important tax consequences. Speakers: Darren Goodman , Partner, Employee...

In today's episode of "Just Compensation, " hosts Megan Monson , Taryn E. Cannataro , and Batool T. Banker of Lowenstein's Employee Benefits & Executive Compensation practice examine the Form 5500, which must be filed by all employers and plan administrators who maintain a tax structured retirement plan such as a 401(K), defined benefit pension plan, or health and welfare plan. They discuss who mu...

Every private startup company that grants stock options or is considering granting stock options needs to consider major issues that could have long ranging impacts: proper documentation and approval of all stock option grants; and their tax implications. Eric Weiner , partner in Lowenstein's Tech Group , joins Darren Goodman and Taryn E. Cannataro of the firm's Employment Benefits & Executive Com...

Darren Goodman , Megan Monson , and Taryn Cannataro provide a high-level overview of Section 280G issues that can arise when a private company considers selling (otherwise known as the golden parachute rules), including what individuals and companies are impacted by Section 280G, what type of payments need to be taken into account, and how to address Section 280G. Speakers: Darren Goodman , Partne...