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Jim is a partner in the employee benefits department. A significant portion of Jim's practice involves counseling publicly traded companies and other complex employers on matters related to executive compensation. This includes advice and counsel regarding the design and administration of management stock plans, long term incentive plans, and nonqualified deferred compensation arrangements. Jim also has significant experience in securities law matters related to benefit plans, and he assists a number of clients in the preparation of the compensation committee report and other executive compensation portions of the proxy statement. Jim assists clients with the design and administration of tax-qualified retirement plans, including 401(k) savings plans, defined benefit plans, and specialized plans such as cash balance plans.
Representative Matters
Redesign of a public company's management stock plan, including obtaining Institutional Shareholder Services' recommendation of approval and preparation of shareholder proxy materials.
Implementation of a deferred compensation program for a public company's key executives, including program design and documentation, negotiation of recordkeeping services agreement, and preparation of "Rabbi" trust.
Regular attendance at meetings for a public company's benefits committee, which has fiduciary oversight for several tax qualified 401(k) savings plans and defined benefit pension plans, with responsibility for keeping the committee updated on new or pending law changes.
Assist public company with benefits issues in its largest-ever acquisition, including issues related to the transfer of pension plan assets from the seller's plan to the client's plan.
Publications, Presentations and Awards
Best Lawyers in America, Employee Benefits Law, 2008
"Benefits Should Address Risk of Insolvency," The Business Journal, May 2, 2003
"Equity Compensation Arrangements," Metrolina Entrepreneurial Counsel panel discussion, June 2000
"In start-up world, equity is the new currency," The Business Journal, June 2, 2000
"Raising Money from Family and Friends," Metrolina Entrepreneurial Council Capital Access Conference, September 23, 1999
President's Award for Service, Metrolina Entrepreneurial Council, 1998
"New FICA Regulations for Deferred-Compensation Plan," 1996 Law Journal (special supplement to Business North Carolina)
Professional, Civic and Community Involvement
Professional: Charlotte Benefits Forum, Member 2002-present
National Association of Stock Plan Professionals, Member 2002-present; Carolinas Chapter, Member 2002-present; Board Member 2003-present
Civic/Community: Ada Jenkins Community Center, Board Member, 2002-present. | 