Cryptocurrency in Employee Benefits and Executive Compensation Arrangements
Note: CPE credit is not offered on this program
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will provide executive compensation and corporate attorneys, and ERISA retirement plan fiduciaries, with an in-depth analysis of the challenges, risks, and planning considerations for providing compensation in cryptocurrency in executive compensation arrangements, and access to cryptocurrency investment options in retirement plans. The panel will discuss long-term incentive plan design, the pros and cons of compensation programs that pay employees in cryptocurrency and other digital assets, IRS and DOL guidance, and other cryptocurrency-related compensation issues.
Outline
- Overview of IRS and DOL treatment of cryptocurrency
- FLSA requirements and DOL rules; the form of payment
- State and local wage law considerations
- Designing compensation and incentive plans inclusive of cryptocurrency
- Best practices for executive compensation and corporate attorneys and retirement plan fiduciaries
Benefits
The panel will review these and other key issues:
- What are the critical considerations for including cryptocurrency in a compensation or incentive plan?
- What is the DOL's position on cryptocurrency investment options in retirement plans?
- What are the rules and requirements for the form of payment under the FLSA?
- What are the potential tax ramifications of including cryptocurrency as compensation?
- How do Section 409A and Section 83 apply?
Faculty

Anne L. Bruno
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Ms. Bruno is a seasoned attorney whose practice spans several areas of corporate and employment law. She has extensive... | Read More
Ms. Bruno is a seasoned attorney whose practice spans several areas of corporate and employment law. She has extensive experience advising clients, ranging from startups to multinational public companies, in a broad range of industries, on issues related to executive compensation, employee benefits, securities law, and corporate governance.
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Michelle Capezza
Of Counsel
Mintz Levin Cohn Ferris Glovsky and Popeo
Ms. Capezza is an accomplished employee benefits and executive compensation lawyer with more than 25 years of... | Read More
Ms. Capezza is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Ms. Capezza is called to represent Fortune 500 companies, multinational corporations, nonprofit entities, medium-sized businesses, and individual executives across a variety of industries, including financial services, health care, life sciences, technology, artificial intelligence, media, telecommunications, hospitality, and retail.
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Timothy S. (Tim) Klimpl
Counsel
Carmody Torrance Sandak & Hennessey
Mr. Klimpl is a seasoned attorney with experience providing ERISA advice and related services to a variety of plan... | Read More
Mr. Klimpl is a seasoned attorney with experience providing ERISA advice and related services to a variety of plan sponsors and employee benefit plans, including corporate, nonprofit, multiemployer and governmental plans providing retirement, health, disability, dental and other welfare benefits. In the field of executive compensation, he has assisted both employers and employees with equity and incentive compensation, nonqualified deferred compensation, Section 409A questions, and executive employment and severance agreements. Among other industries, Mr. Klimpl has represented clients in the financial, construction, medical, fashion, real estate and legal industries. He chairs the Fairfield County Bar Association Employment Law Committee.
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