Employee Benefits and Executive Compensation

• Advising international and multinational corporations listed on United States Stock Exchange, as well as other publicly traded and privately owned companies, with respect to mergers and acquisitions including representation before the Pension Benefit Guaranty Corporation, the Internal Revenue Service, the U.S. Department of Labor, and the Immigration and Naturalization Service;
• Counseling human resource executives of major corporations throughout the Unites States on the day to day operation of employee benefit plans, legislative developments, regulatory changes, and employee communications regarding these issues;
• Successfully represented a heavy truck manufacturer, in an ERISA pension discrimination action brought by former employees who claimed that the company wrongfully refused to rehire them based on their previously earned pension credit under the company’s pension plan; had the company rehired the former employees, its unfunded pension liability would have soared; Montgomery McCracken obtained a complete victory before the U.S. Third Circuit Court of Appeals and created new ERISA law that job applicants do not have an ERISA protected right to future benefits;
• Successfully represented an investment management firm in ERISA litigation against the U.S. Department of Labor which alleged that the investment management firm had committed ERISA fiduciary violations and ERISA prohibited transactions based on the firm’s advice to the trustees of an employee stock ownership plan; Montgomery McCracken obtained a complete victory before the District Court on summary judgment;
• Representing insured and self-insured employers in ERISA Litigation where participants claimed pension, severance, disability, or health and welfare benefits;
• Advising employers in matters involving appropriate benefits claims procedures designed to avoid claims litigation, their employee benefit plans’ continued compliance with the changing regulatory environment, and on day-to-day pension and welfare plan administration; and
• Advising clients in corporate dissolutions, mergers, and reorganizations that involve plan mergers, transfer of plan assets, and multiemployer plan contributions and withdrawal liability.

We provide comprehensive, high-quality service tailored to meet the needs of each client. We use our practical legal and business experience to acquire a distinctive understanding of each client’s employee benefits goals and work closely with each client to accomplish those goals.

• Hershey Entertainment & Resort Company
• Mannington Mills, Inc.
• Alco Industries, Inc.
• Pocono Medical Center
• Meritor, Inc.
• LaSalle University
• Cabrini College