Employee Benefits & ERISA

Retirement Plan Design and Compliance

Our employee benefits team advises employers across industries on a wide array of employee benefits matters, including with regard to the design, administration, and maintenance of retirement plans for compliance with changes in the law. Our team also assists in developing comprehensive communication programs that relate specifically to a client’s retirement plans.  In addition, our team regularly works alongside a plan sponsor’s team of benefit plan service providers to navigate and complete projects, including participation in plan design and administrative meetings with plan record-keepers and consultants.  We also advise clients in connection with service provider retentions and conversions, retention of investment advisors and managers, and the review of plan documents, service agreements, investment manager agreements, and related planning opportunities. 

Health and Welfare Plan Design and Compliance

Our team advises employers on compliance issues for their health and welfare programs,  drafts plan documents (including “wrap plans”), provides advice with respect to the structuring of welfare benefit plans and their administration, and consults on the termination of welfare benefit plans and on the reduction of welfare benefits.  Following the Supreme Court’s Decision in Dobbs V. Jackson Women’s Health Organization, our team advised dozens of clients on the novel and sensitive, HR, benefits, and tax-related issues that employers confront if they seek to amend their group health plans, or adopt new plans, programs or arrangements, all in an effort to facilitate employee reproductive choice in a post-Roe v. Wade environment. Mintz was among the first to market in publishing thought leadership on the topic (links here and here), leading to further business generation and media attention.

ERISA Fiduciary Responsibility

In light of Hughes v. Northwestern University, plan fiduciaries are increasingly more concerned about the management of their retirement plans and investments. Proper management of their health and welfare programs is also of increasing concern.  Our employee benefits team advises plan sponsors and fiduciaries on fiduciary governance of their benefit plans and development of best practices. 

Nonqualified Deferred Compensation Plans

Our team assists employers on the design, and implementation of deferred compensation plans, including supplemental and excess plans, and long-term incentive plans, as well as compliance with Section 409A of the Internal Revenue Code.  

Plan Investments

Our team advises clients on ERISA plan asset and prohibited transaction issues as it relates to plan investments.  Our team also assists our Investment Funds practice on ERISA issues for fund managers and investors including but not limited to “venture capital operating company” and “real estate operating company” issues, management fees, and carried interest.

Transactional Matters

Our employee benefits team plays a key role within the interdisciplinary group of 100+ professionals, counselling both buyers and sellers on employee benefits and executive arrangements in corporate transactions, including providing due diligence review and negotiating terms of purchase agreements and indemnities for outstanding liabilities. 

• Mintz represented Philips in connection with its acquisition of Vesper Medical, Inc., a medical technology company that develops minimally-invasive peripheral vascular devices that will allow Philips to further expand its portfolio of diagnostic and therapeutic devices with an advanced venous stent portfolio.
• Mintz represented JMP Group (JMP), a capital markets firm that provides investment banking services, including strategic advisory, equity research and sales, and trading focused primarily on the healthcare, technology, financial services, and real estate sectors, in its sale to Citizens Financial Group, Inc. (NYSE: CFG; Citizens), one of the nation’s oldest and largest financial institutions.
• Mintz advised Cardurion Pharmaceuticals, Inc. (Cardurion), a clinical-stage biotechnology company, in a recently closed private investment of up to $300 million from Bain Capital Life Sciences and Bain Capital Private Equity. Bain Capital joins existing investors Takeda Pharmaceuticals and Polaris Partners in supporting the evolution of Cardurion into a leading cardiovascular biotechnology company. This latest investment will support the thoughtful advancement of Cardurion’s pipeline, enable the company to scale its team, and create an industry-leading platform.
• Mintz served as legal counsel to Monomoy Capital Partners, a middle-market private investment firm focused on operational value creation, in its acquisitions of Artesian Spas (“Artesian”) and Marquis Hot Tubs (“Marquis”) and the subsequent combination of the two entities to form a powerful pool and spa wellness platform.  
• Mintz took lead role for long-term client NanoView Biosciences in its sale to Unchained Labs, a portfolio company of The Carlyle Group. NanoView, through its ExoView technology, characterizes exosomes – which are messenger particles released by cells – and the company’s LentiView platform complements Unchained Labs’ tools for gene therapy researchers working with lentivirus, which is an immunodeficiency virus that causes AIDS.
• Mintz represented Sandy Alexander, a multi-platform, multi-channel marketing communications company, in its sale to private equity firm, Snow Peak Capital. Sandy Alexander has been in operation for more than 50 years, employs over 500 professionals and has printing facilities in California and Florida.
• Mintz acted as deal counsel to Med-Pharmex, a portfolio company of private equity firm DW Healthcare Partners (DWHP), in its sale to Dechra Pharmaceuticals, a British-owned developer and manufacturer of veterinary products. California-based Med-Pharmex is a veterinary pharmaceutical manufacturer focused on developing, manufacturing and selling animal health drugs.
• Mintz served as legal advisor to Capstone Partners, an investment banking and advisory firm serving middle market companies, in its sale to Huntington Bancshares Incorporated (Nasdaq: HBAN).