Employee Severance Agreements and Section 409A Deferred Compensation: Withstanding Heightened IRS Scrutiny
Note: CPE credit is not offered on this program
Recording of a 90-minute premium CLE webinar with Q&A
The CLE webinar will provide counsel with guidance on structuring employee severance or separation agreements to comply with Section 409A's restrictions on deferred compensation. The panel will discuss best practices for performing compliance self-audits and taking corrective action to remedy substantive or documentary failures.
- 409A issues to be considered in severance plans and agreements
- Severance benefits subject to 409A
- Severance benefits exempt from 409A
- Impact of accelerating the vesting of equity awards upon the termination of employment on 409A
- Discussion of change in control severance arrangements and "regular" severance for purposes of 409A
- Importance of the definition of "good reason" for 409A purposes
- Can severance benefits that are subject to 409A be conditioned on a release?
Our panel will discuss these and other key issues:
- Does 409A impact all severance plans and agreements?
- How does 409A impact the drafting of severance plans and agreements?
- What are some best practices for complying with 409A regulations as they relate to severance plans and agreements?
Michael R. Bergmann
Skadden, Arps, Slate, Meagher & Flom
Mr. Bergmann counsels clients on employee benefits, ERISA and executive compensation matters. A significant portion of... | Read More
Mr. Bergmann counsels clients on employee benefits, ERISA and executive compensation matters. A significant portion of his practice is devoted to advising major public companies on employee benefit and executive compensation arrangements in the context of M&As as well as on an ongoing advisory basis. He also has extensive experience with the SEC rules governing executive compensation disclosure and the tax rules imposing limits on the deductibility of executive compensation.Close
Groom Law Group
Mr. Fogleman assists clients with qualified retirement plans, nonqualified deferred compensation plans, equity and... | Read More
Mr. Fogleman assists clients with qualified retirement plans, nonqualified deferred compensation plans, equity and cash-based incentive compensation arrangements at public and private employers, and employment agreements and separation agreements for individual executives. He also has extensive experience with compensation and benefits issues that arise in connection with corporate transactions. He advises clients on a variety of issues, including plan design and establishment, operational issues, qualified and nonqualified plan corrections, Code section 409A issues, and IRS filings.Close
J. Marc Fosse
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity... | Read More
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. He regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.Close