Litigation
Using a combination of an extremely seasoned and experienced team leader who has spent almost 26 years practicing almost exclusively in the ERISA area, and it's equally seasoned and experienced litigators, Helms Greene aggressively defends employers in all types of ERISA litigation, including benefit, fiduciary breach and “ERISA 510” wrongful retaliation claims brought by individuals. It also defends employers against “prohibited transaction” and fiduciary breach suits brought by the U.S. Department of Labor, and any litigation involving employers or their ERISA plans and the Internal Revenue Service, including tax and penalty assessments of all kinds.


Benefit Consulting
The best strategy to avoiding ERISA litigation is a well-designed, well-managed plan. Our ERISA team works closely with our clients' HR teams, as well as their trustees, third-party administrators, consultants, accountants, brokers and actuaries to develop or modify plans in a way that not only avoids litigation, but promotes the accomplishment of client financial and human resource objectives. This includes not only plans governed by ERISA, such as retirement, medical, severance, long-term disability and life insurance plans, but non-ERISA benefits, such as stock-based compensation, bonus plans, vacation pay and sick pay.


ERISA Tax Advice
Most ERISA plans are to a great extent tax-driven. We provide advice to our clients on the tax implications of their plans, and how to make those plans more effective in minimizing taxes and maximizing benefits for both employers and their employees. We will deal with IRS on behalf of employers and their plans when problems arise, or when plans need to receive IRS approval.


Employee Communications
The key to the success of any employee benefit program is often employee perception. Good communications drive good employee perception. From government-mandated communications, such as summary plan descriptions, summaries of material modifications and summary annual reports, to non-mandatory promotional and explanatory material, our attorneys are also experienced writers who can draft plain-language literature that can help employees of all education levels understand their plans and help assure that the employer's benefit programs are appreciated by the workforce.



Representation Before Government Agencies
Our ERISA team assists employers in all matters involving IRS, the Department of Labor and the Pension Benefit Guaranty Corporation. This includes the entire plan approval process, audits, tax and penalty assessments, prohibited transaction penalty proceedings and waiver requests, fiduciary breach penalty assessments by the Department of Labor, funding waiver requests for defined benefit pension plans, COBRA penalties for group health plans and all other similar matters.



Executive Deferred Compensation Plans
A key area for most employers, particularly large corporate clients, is the effectiveness and quality of their non-qualified deferred compensation programs for select management and highly-compensated employees. Our team includes experienced consultants who understand the importance of such programs in attracting, motivating and retaining top-notch executive, professional and managerial talent. Particularly with the tax laws pertaining to those arrangements undergoing significant recent change, we can help employers assure that their existing plans, or new plans, are effective at meeting employer objectives.



COBRA and HIPAA Administration
An area of ever-growing importance and risk for most employers is health care continuation (COBRA) and health care portability (HIPAA). We assist employers and their insurance carriers or third-party administrators in assuring that their COBRA administration is always up to date with government guidelines. This includes designing and providing proper forms and administration manuals, revising administration programs for periodic changes in laws and regulations, and identifying problems in administration and recommending changes to existing programs.

 

 

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