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In order to attract, cultivate, and retain the highest-caliber talent–and maintain a competitive advantage–employers must create mutually beneficial, leading-edge employee compensation and benefit packages. They also must continually monitor and administer those arrangements in order to comply with new and evolving complex laws and regulations.
Our Employee Benefits & Executive Compensation practice group advises both employers and C-suite and other executives on the full range of employee benefits and executive compensation, including:
Our clients range from publicly traded companies with thousands of employees to closely held employers with just a few employees, as well as large public and private pension funds, private equity firms, senior executives, trustees, and financial institutions. Our clients span a wide range of sectors, including private equity, venture capital, life sciences, real estate, technology, manufacturing, and retail businesses.
Our work in this arena has consistently been recognized by Chambers USA, which reports that clients have said, “This is a firm that I trust 100 percent” and “Between the integrity of the people and the quality of their advice and knowledge, I can really rely on them, and that makes all the difference.”
Recognizing that employee benefits programs are not “one size fits all,” we draw on our team’s comprehensive knowledge of relevant corporate, tax, employment, labor, insurance, and securities laws to help clients create, implement, and administer custom employee benefits programs that meet their specific objectives and requirements. Throughout, we collaborate with a network of professionals, including investment advisors, actuaries, benefit consultants and administrators, financial consultants, banks, insurance companies, and other financial institutions. As a result of our experience in this area, we anticipate client needs and deliver solutions that are on point, timely, and practical to achieve the client’s goals.
We provide proactive, strategic counsel to help our clients maintain compliance with the ever-growing body of regulations, court decisions, and other requirements affecting both employee benefits and executive compensation arrangements. Even the most careful employers, however, can uncover various problems that can be expensive to correct and can create delicate employee relations concerns. Our substantial experience in dealing with plan compliance issues and government authorities uniquely qualifies us to help clients tackle and resolve any problem or issue that may arise.
Hosted by members of Lowenstein Sandler’s Employee Benefits Executive Compensation Practice Group, this series is geared towards companies and senior executives, featuring lawyers from other practice areas, as well as other individuals who work for companies. Listen to all episodes by clicking here, and subscribe via Apple Podcasts/iTunes, Google Podcasts, SoundCloud, Spotify, or YouTube.
Represented Tower International in connection with its $900 million acquisition by Autokiniton Global Group, including advising on change in control compensation matters, Section 280G issues, and corporate governance and securities matters
Represented Indorama Ventures in connection with its $2.1 billion acquisition of Huntsman’s chemicals units, including navigating issues related to pension plan, retiree medical, health and welfare benefits and general transition of employees
Minimize exposure of public and private clients to Section 280G excise taxes through proactive planning
Obtained no-action letters from the U.S. Department of Labor for late contributions under defined contribution plans, in some instances spanning many tax years
Designed, negotiated, and drafted a Section 409A-compliant deferred compensation plan for U.S. employees of a European company to mirror a global compensation plan
Represent multiple teams of real estate brokers in lateral moves, including comprehensive planning, negotiating broker agreements, and providing advice on restrictive covenants
Represent many companies, such as Altair Engineering Inc., in connection with IPOs, including designing and drafting executive compensation and employee benefits documents
Represented Aceto Corp. in connection with its bankruptcy filing, including supplemental executive retirement plan termination and transfer of assets, termination of health and welfare and retirement plans, and termination of employees
Eliminated multimillion-dollar penalty assessments by the IRS for alleged noncompliance with the Affordable Care Act
Represented a client in a multimillion-dollar arbitration over withdrawal liability assessments
Represent clients in revamping health and welfare documents and consolidating the breadth of documents through wrap plans
M&A Navigator and Private Equity Wire report on Lowenstein’s representation of Abacus Group in the acquisition of two boutique cybersecurity consulting companies, Gotham Security and its parent company, GoVanguard. Abacus is the leading provider of hosted IT services and solutions to alternative investment firms. The Lowenstein deal team included Brendan J. Koeth, Fernando Burman, Storme McKop, Tolulope Adetayo, Oluwaseyi O. Amorin, Jessica I. Kriegsfeld, Darren Goodman, Rachel Ingwer, Mark P. Kesslen, Manali Joglekar, and Anthony O. Pergola.
Lowenstein's representation of PeriGen Inc. (PeriGen), a leading provider of perinatal health care software solutions, in its sale to Halma plc is noted in the Global Legal Chronicle. The Lowenstein deal team includes Sam E. Khan, Christopher C. Henry, Rachel Ingwer, Lauren M. Troeller, Diana Kim, Kimberly E. Lomot, Megan Monson, Taryn E. Cannataro, Eric Jesse, Bryan Sterba, Matthew P. Hintz, David Toma, James C. Shehan, Edgar R. Hidalgo CIPP/US, Mark S. Heinzelmann, Emily B. Sklar, Megan Williams, Latoya Bethune, and Amanda Sewanan. View Lowenstein's news announcement about this transaction.
Lowenstein's representation of Traub Capital, an investment firm specializing in building value in consumer companies using its unique combination of strategic, operational, and financial expertise, in the company’s purchase of MANA Products, a premier beauty contract manufacturer based in Long Island City, New York, is noted in the Global Legal Chronicle. The Lowenstein deal team included Michael A. Brosse, Lauren M. Troeller, Lowell A. Citron, Doreen M. Edelman, Darren Goodman, Ted Hunter, Marc S. Kurzweil, Gavin J. Rooney, Jeffrey M. Shapiro, Michael Walutes, James C. Shehan, Norman W. Spindel, Daniel A. Suckerman, David Toma, Stuart S. Yusem, Abbey E. Baker, Eric Jesse, Stacey C. Tyler, Naomi D. Barrowclough, Matthew P. Hintz, Manali Joglekar, Kimberly E. Lomot, Kathleen A. McGee, Megan Monson, Zachary L. Berliner, Christian C. Contardo, Mark S. Heinzelmann, Amanda C. Lutick, Michael T. Melchiorre, Joshua A. Rabinovits, Stephen Tanico, Jenna-Marie Tracy, Joseph Mignone, and Keith Janowitz. View Lowenstein's news announcement about this transaction.
Crunchbase News, Precision Oncology News, Pulse 2.0, and the Global Legal Chronicle report on the $118 million Series B funding for Lowenstein client MURAL, the leading digital workspace for visual thinking and remote collaboration. The Lowenstein deal team included Ed Zimmerman, Alex D. Leibowitz, Serena Ward, Brian A. Silikovitz, Darren Goodman, Mark P. Kesslen, and Carly S. Penner. View Lowenstein's news announcement about this transaction.
The Deal notes that Steven E. Siesser and Traci M. Tomaselli of Lowenstein Sandler represented the management of HealthPlanOne, a digital distributor of health insurance products, in a transaction in which Lightyear Capital will purchase a majority stake in the company from Peloton Equity and other investors. The Associated Press, PE Hub, The Daily Times, Business Wire, and the Global Legal Chronicle, and other media outlets also reported the recapitalization. In addition to Siesser and Tomaselli, the deal team includes James E. Gregory, Lesley P. Adamo, and Taryn E. Cannataro.
Lowenstein's representation of PeakSpan Capital in an investment transaction in which PeakSpan, Morgan Stanley Expansion Capital, and others invested more than $42 million in Ecwid is noted in the Global Legal Chronicle. The Lowenstein team was led by Anthony O. Pergola and Juan B. Soto and included Ifat Lipman, Joon Hwan Kim, and Serena Ward, with support from Darren Goodman, Eric Jesse, Leah Satlin, Sophia Mokotoff, and the firm’s Global Trade & National Security team (led by Doreen M. Edelman), among others. View Lowenstein's news announcement about this transaction.
Bloomberg Businessweek references Lowenstein’s Updates on Tax Deadlines and Key Tax Provisions of the CARES Act, authored by Brian A. Silikovitz, Andrew E. Graw, Lesley P. Adamo, Darren Goodman, and Robert B. Krieger and republished in JD Supra. The article recommends the employee retention tax credit for business owners who have not received adequate relief from either the SBA’s Paycheck Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) program.
AltAssets and GlobeNewswire report on Lowenstein’s representation of One Inc. in the company’s recapitalization led by Great Hill Partners. The Lowenstein deal team included Kathi A. Rawnsley, Darren Goodman, Brian A. Silikovitz, Megan Monson, Chandra K. Shih, Sarah Gore, Christopher T. Pham, Kristin V. Taylor, and Chad M. P. Weeks.
Lowenstein's representation of Crimson Investment, a global private equity firm headquartered in San Francisco, in the sale of Milton Industries, Inc. to Levine Leichtman Capital Partners, a Los Angeles-based private equity firm, is highlighted in the Global Legal Chronicle. The Lowenstein deal team included Christopher C. Henry, Theodore C. Sica, Brian A. Silikovitz, Mark S. Heinzelmann, Lauren E. Killeen, Sophia Mokotoff, Megan Monson, Nick Samedi, and Jacob D. Unger. View Lowenstein's news announcement about this transaction.
Lowenstein's representation of MKG, Pink Sparrow, and Maneesh K. Goyal, the founder and chairman of both companies, in those entities’ acquisition by Acceleration Community of Companies is noted in The Hollywood Reporter, Business Wire, the Valdosta Daily Times, the Global Legal Chronicle, PR Week and citybizlist. The Lowenstein deal team included Steven E. Siesser, Traci M. Tomaselli, Lesley P. Adamo, Nicole Stefanelli, Madeline Roe, Sophia Mokotoff, and Megan Monson.
Longtime firm client Tower International's (NYSE: TOWR) acquisition by private equity-owned Autokiniton Global Group, in a $900 million deal expected to close in September or October, is reported in Crain's Detroit Business, The PE Hub Network, Automotive News, InvestorsHub, Law360, Smart Business Dealmakers, Mergers & Acquisitions, and the Global Legal Chronicle. (Lowenstein deal team: Peter H. Ehrenberg, Andrew E. Graw, Lowell A. Citron, Marita A. Makinen, Jeffrey Blumenfeld, Jack Sidorov, Jeffrey M. Shapiro, Elisia M. Klinka, Justin Gindi, Kate Basmagian, Daniel C. Porco, Matthew A. Weston, Erica Perlmutter, Robert Bee, Sabrina Cua, Brian A. Silikovitz, Kristin V. Taylor, Katie R. Glynn, Nicholas G. Mehler, Doreen M. Edelman, Lynda A. Bennett, Megan Monson, Michael B. Himmel, and Norman W. Spindel) View Lowenstein’s news announcement about this transaction.
Brian A. Silikovitz was highlighted by NJBIZ for his participation on the panel, “Tax Reform and Estate Planning,” which was held on Jan. 29, 2019, in Somerset, NJ. During the panel, Silikovitz discussed the effect of the Supreme Court’s Wayfair decision on sales taxation across the country, especially as it relates to technology companies, and the effect of the Tax Cuts and Jobs Act on choice of legal entity and other business decisions.
The PE Hub Network, The Deal, and Law360 (December 12, 2018; January 24, 2019) note Lowenstein Sandler as lead counsel to Cerberus Capital Management, L.P. in its acquisition of Sparton Corporation (NYSE: SPA). (Lowenstein deal team: Marita A. Makinen, Robert G. Minion, Jeffrey Blumenfeld, Mary J. Hildebrand, Nicholas G. Mehler, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, James C. Shehan, Michael Walutes, Jack Sidorov, Norman W. Spindel, Stuart S. Yusem, Manali Joglekar, Sabrina Cua, Allison Gabala, Megan Monson, Alex H. Rosenthal, Bryan Sterba, Matthew Tippy, Lauren E. Killeen, and Lauren M. Troeller.) (subscription required to view certain content) View Lowenstein’s news announcement about this transaction.
James E. Gregory is quoted in Agenda Week in an article discussing the potential forthcoming sale of Papa John’s International, with particular focus on the company’s severance plans. Gregory notes the unusualness of the pizza chain introducing severance plans after three decades and advises directors to act in the company’s best interests when considering retention plans for senior executives. (subscription required to access article)
Andrew E. Graw comments in New Jersey Law Journal regarding the ways in which pending federal regulations have expanded the practice of executive compensation.
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