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Practice Area
Employee Benefits & Executive Compensation
With attorneys based in Chicago, New York and Washington, D.C., Winston’s Employee Benefits & Executive Compensation (EBEC) team represents a broad range of plan sponsors and offers clients not just deal support but the full suite of employee benefit services. These include public company reporting and executive compensation, employee benefits in mergers and acquisitions, qualified retirement plans and Title I investment advice, health and welfare benefit plans, employee stock ownership plans (ESOPs), and international human resources matters. And driven by a volatile labor market, we are partnering with clients to innovate plan structure and design, including cutting-edge services such as private exchange medical benefits, employee benefits in captive insurance, and fiduciary governance best practices. With decades of experience, our EBEC team maintains strong brand recognition, with clients describing our attorneys as “superb,” “very client-friendly,” “extremely responsive and able to bring forth the right resources,” and “having an “incredible breadth of knowledge.”
Practice Area
Executive Compensation Plans & Agreements
Our Employee Benefits and Executive Compensation (EBEC) attorneys generally focus on two separate but related areas—employee benefits and executive compensation. We advise corporations, boards of directors, private equity firms, and executives on all legal, design, drafting, negotiation, and compliance aspects of executive compensation matters. We advise corporations, firms, fiduciaries, executives, administrators, governmental entities, and financial institutions on innovative and traditional employee retirement and health and welfare benefits programs. Our substantial experience and over 50 years of involvement in the EBEC field have given us a deep understanding of the evolution of benefits law and the market for executive compensation.
Practice Area
Our team’s deep market knowledge of laws affecting retirement plans enables us to develop customized retirement plan solutions, practical advice, and strategies for our clients’ unique needs and workforce composition. Our experienced benefits attorneys represent public companies, private companies, and private equity operating companies in retirement plan design and day-to-day plan compliance.
Experience 118 results
Experience
|April 23, 2025
Voyager Acquisition Corp. and VERAXA Biotech Announce Business Combination
Insights & News 4,248 results
Speaking Engagement
|May 9, 2025
Join Winston & Strawn partners M. Imad Khan and Keerthika M. Subramanian for the upcoming online program “Hot Topics in International Arbitration and Strategic Transactions: Recent Developments and Key Trends in India” hosted by the Practising Law Insititute.
Government Program Fraud, False Claims Act & Qui Tam Litigation Playbook
|May 1, 2025
|10+ Min Read
Future FCA Enforcement Expectations in Light of New Administration Priorities and 2024 Recoveries
The annual False Claims Act (FCA) recovery statistics issued by the U.S. Department of Justice for Fiscal Year 2024, coupled with the Trump administration’s focus on the elimination of waste, fraud, and abuse in government spending and apparent intentions to rely on the FCA to pursue other administration priorities, signal a likely increase in FCA investigations and actions throughout 2025 and beyond.
In the Media
|April 30, 2025
|1 Min Read
Keerthika Subramanian Discusses Corporate Carve-outs with Mergermarket
Winston & Strawn partner Keerthika Subramanian spoke with Mergermarket to discuss corporate carve-outs and how tariff-related economic uncertainty may delay execution timelines and extend due diligence. Increased skepticism across economic, trade, and geopolitical landscapes has lessened broad M&A optimism seen at the end of 2024 and into the beginning of 2025.
Other Results 77 results
Law Glossary
What Is Executive Compensation?
The term executive compensation refers to the financial payments and non-financial benefits provided to the upper level management within a business or organization. Employees who receive this type of compensation are generally presidents or vice-presidents, chief executive, financial, operating, legal, and other C-Suite executives. An executive compensation package is a group of benefits that could include stock awards, severance protection, deferred compensation, and retirement plans. SEC regulations require public companies to disclose the amount their executives are earning, plus how this amount is calculated. Some states also have executive compensation laws.
Law Glossary
What Is Performance-Based Compensation?
Performance-based compensation (PBC) is a system for rewarding employees financially, outside of their regular salaries. The financial compensation is based on how individual employees, departments, the company, or the company’s stock price performs during a specific time frame and in accordance with pre-determined goals set by the organization. These programs may also be called Pay-For-Performance systems. Companies who utilize these systems must be prepared to define and track performance, as well as provide compensation, such as bonuses, when objectives are met according to benchmarks. The supplemental income will also have tax implications for employees.
Law Glossary
The Employee Retirement Income Security Act (ERISA) is a federal law from 1974 that governs how employers provide benefit plans to employees. ERISA is administered in part by the Employee Benefits Security Administration (EBSA), a branch of the U.S. Department of Labor. The law establishes requirements and guidelines for employers and benefit plan managers, trustees and certain other service providers. ERISA ensures minimum standards are set for the majority of private industry pension and health plans, as well as other benefit plans such as life insurance. Under ERISA, employees must be notified of benefit plan terms, including funding, coverage, and costs. Employees are also offered protections against fiduciary wrongdoing. Plan participants or the DOL may be able to sue plan fiduciaries if plans are mismanaged or if plan fiduciaries engage in conduct prohibited under ERISA, and plan participants may sue for unpaid benefits.