- A few years back, I first chaired
Why Executives Should Take Deferred Compensation with a Healthy Dose of Salt
Deferred comp plans, or what to an ERISA lawyer is a top hat plan, have become widespread in recent years, used for a variety of purposes, from executive recruitment and retention to simply rewarding important executives at smaller employers who may lack other resources for doing so. But a story from the other day about
Is it a Contract? Is it an ERISA Plan? It’s a Top Hat Plan So It is Sort of Both, Says the Eighth Circuit
I have an appeal pending at the First Circuit right now concerning the interpretation of top hat plans and, thus, with discretion being the better part of valor and all that, I am not going to write too much about this new top hat decision out of the Eighth Circuit. However, for anyone out there
A Few Thoughts On Litigation Over Executive Retention and Departure
One of my partners, Mark Poerio, an expert on executive compensation, has written a client alert discussing what companies can consider doing proactively to encourage executives to stick around rather than move onto greener pastures. In short, they are all different ways to make the current position “greener,” so to speak, than competing pastures.
What Does Bobby Bonilla Day Teach Us About Deferred Compensation Agreements?
Bobby Bonilla day is celebrated every July 1st, as the day on which the retired outfielder is paid $1,193,248.20 from the New York Mets, which the Mets will continue to do until the last payment in 2035. Its usually recognized in the media as the punchline of a joke about the Mets and their previous
It’s a Top Hat Plan? Prove It
This is a great article in PlanAdvisor on the recent decision in Tolbert v. RBC. Tolbert is a truly fascinating, and wonderfully instructive, district court decision on one of my favorite topics, and actually favorite things to do (I know it’s a strange interest, so sue me) – which is the litigation of top