Employee
Benefits andExecutiveCompensation
Employee benefits and executive compensation issues
have become increasingly complex. Providing legal
advice in these areas requires knowledge not only of
ERISA and related benefits statutes, but also of tax,
securities and employment laws. We help our clientsnavigate the legal complexities and help them think
through the practical and business issues associated with
their employee benefits and executive compensation
decisions.
Areas we advise on include:
Benefit Plans. We provide advice on a wide variety ofissues related to the design, preparation,communication, administration, and operation of all
forms of employee benefit plans and related funding
vehicles. We have broad experience with defined
benefit pension plans, including cash balance plans, aswell as defined contribution plans, including ESOPs.
We have substantial experience advising clients withrespect to their group health plans, including selfinsured, fully-insured and funded and collectively
bargained group health plans. Our practice in this areaspans the entire life-cycle of health plans, ranging fromdesign, drafting plan documents, counseling withrespect to administration matters, assisting with claims
disputes, governmental audits, mergers and acquisitions,and plan terminations. We also assist employers tocomply with the requirements under the Affordable
Care Act and we provide advice on compliance with
COBRA, HIPAA and other welfare benefit laws. We
also have experience with cafeteria (section 125) plans,dependent care plans, flexible spending accounts, grouplite insurance and other welfare benefits.
Executive Compensation. We advise employers, board
compensation committees and executives on all aspectsCapabilityLawyers
Samuel S. Choy (Sam)Atlanta

Recognition
Plan Sponsor Council ofAmerica Names Ken Raskin
Chair of its Board ofDirectors
PLAN SPONSOR COUNCIL
OF AMERICA

Ranked Tier 4 in Employee
benefits, executive
compensation and retirement
plans: transactions
LEGAL 500 US, 2020

Sam Choy and Laura
Westfall both ranked as
Noted Lawyers in Employee
benefits, executive
compensation and retirement
plans: transactions
LEGAL 500 US, 2020

Sam Choy Ranked Band 1
Labor & Employment inGeorgia

of executive compensation programs and in related
funding vehicles, including equity and equity-basedprograms, non-qualified deferred compensation plans,
short-term and long-term incentive and performancecompensation programs, change-in-control programs,and “rabbi” trusts. We also advise clients regarding
golden parachute, section 162(m) and section 409A
matters.
Plan Investments. We have significant expertise inincome tax, ERISA and business issues related tobenefit plan investments. We routinely provide advice
with respect to investments in employer stock,
including leveraged ESOPs, and work closely with ourcorporate and securities lawyers to resolve registration,filing, disclosure and voting issues that arise withrespect to such investments. In addition, we review andnegotiate private equity, real estate and hedge fundinvestments for our benefit plan clients.
Business Transactions. We assist clients with business
transactions, including acquisitions and dispositions,reorganizations, bankruptcies and financings, all ofwhich can involve employee benefit issues. We also
address post-transaction issues related to integrating or
separating benefit plans, change in control matters andexecutive compensation arrangements. We negotiate
trust agreements, custody agreements, administrative
services agreements, investment managementagreements and other agreements for benefit plans. We
also represent borrowers in negotiating the ERISA
provisions in their credit facilities.
Benefit Controversies. We represent clients in a widearray of Department of Labor and IRS investigations
and audits concerning employee benefit plans, andcounsel clients and negotiate with the PBGC inconnection with defined benefit plan terminations andpremium disputes. We also counsel clients andnegotiate solutions for compliance errors under IRS andDepartment of Labor correction programs. Finally, weregularly work with our ERISA and employee benefits
litigators to provide technical and compliance advice toclients in ERISA class actions and other complex
employee benefits litigation, internal investigations andERISA related administrative controversies.
Cases & Deals
King & Spalding Advises Morgan Stanley Real Estate
Advisors, Inc. on Investment FundKing & Spalding Advises Client on Chapter 7 Benefits

CHAMBERS USA, 2020

Team is ranked Band 2 inLabor & Employment inGeorgia
CHAMBERS USA, 2020

Matters
King & Spalding Advises Client on Expatriate Executive
Benefits Programs
VIEW ALLInsights
CLIENT ALERTOctober 10, 2024
Newsflash - UK Employment Law Changes Confirmed
CLIENT ALERTSeptember 23, 2024
Workers in ‘Standby’ Mode – and Other UK Updates
CLIENT ALERTMay 20, 2024
Effect of New FTC Rule Banning Post-Employment NonCompete Agreements on Executive Compensation
Arrangement
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EventsSPEAKING ENGAGEMENT
October 25, 2023
Rod Rosenstein, Sally Yates to Speak at Retail Industry
Leaders Association’s Retail Law Conference
SPEAKING ENGAGEMENTMarch 30, 2022
Jessica Stricklin to Speak on Chicago Bar AssociationWebinar
SPEAKING ENGAGEMENT
March 22, 2022
Jean Cogill, Jenny Neilsson to Speak at PLI’s Conference
About ERISA Plan Investments in the Financial Markets
VIEW ALLNews
IN THE NEWS
September 12, 2024
Executive compensation and employee benefits partner
John Kleinjan joins the firm’s Corporate practice group inAtlanta
PRESS RELEASE
September 12, 2024
Executive Compensation and Employee Benefits Partner
John Kleinjan Joins King & Spalding in Atlanta
IN THE NEWSMay 21, 2024
Danielle Chattin, Darren Shuler, David Tetrick, Matthew

Dawson and Quyen Ta counsel Cisco before a California
federal court, which dismissed a proposed class actionthat former workers brought accusing the company ofbreaching federal benefits law by including several
BlackRock funds as options in its $16.4B 401(k) plan
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