Practice Areas About Our Professionals home
 
 
   
 
PRACTICE AREAS
   
  Keightley & Ashner LLP'S primary practice areas are:
     
 

Employee benefits plan design, compliance, and litigation (including ERISA, IRC, COBRA, MPPAA, HIPAA, and PPACA)

     
 
All matters relating to the Pension Benefit Guaranty Corporation
     
 
Human Resources Administration, Compliance, and Litigation
 
 
 
Legislative, regulatory, and government relations law
     
 
 
Employee Benefits Plan Design, Compliance, and Litigation
 

Keightley & Ashner LLP can assist you with the entire range of employee benefits matters, including:

 
   
Advising on plan design and best practices for pension, 401k, health, welfare, and deferred compensation plans (including Section 409A and Sarbanes-Oxley)
 
Preparing qualified and non-qualified plan documents (as well as applications for determination letters), employee-friendly summary plan descriptions, and employee handbooks
 
Analyzing Title I, II and IV liability arising out of plan administration, tax qualification, and related audit issues
 
Providing guidance and prepare submissions for the various governmental agencies’ voluntary compliance programs for curing plan defects and remedying filing delinquencies
 
Conducting due diligence and addressing compliance issues arising in the context of mergers and acquisitions
   

Addressing international benefits issues, including those relating to compliance matters, sourcing and withholding, audits, treaties, and special rules for certain U.S. territories

 
Handling compliance and other issues regarding retirement plans, severance, health, and other welfare benefits plans, such as those relating to COBRA, HIPAA, QDROs, ADA, ADEA, OWPBA, and USERRA
 
Assisting with fiduciary issues (including guidance with or representation in DOL investigations or court actions)
 

Consulting on multiemployer plan issues, including multiemployer plan withdrawal liability disputes and litigation under MPPAA and disputes or collection actions relating to unpaid contributions

   
Addressing issues relating to tax-exempt and governmental plans (e.g., 401(a), 403(b), and 457 plans and arrangements)
   

Advising and representing clients in claims procedures, administrative proceedings and court litigation involving employee benefits or employment law matters

     
   
 
Pension Benefit Guaranty Corporation Matters
 

Keightley & Ashner LLP has extensive, current, and unique expertise in all matters relating to the Pension Benefit Guaranty Corporation.

  • The firm's lawyers have served in responsible legal positions at the PBGC, including as General Counsel, Assistant General Counsel for Legislation and Regulations, and Senior Assistant General Counsel for ERISA/Bankruptcy Matters.

  • The firm's other professionals have also served in key PBGC positions, including as the Deputy Manager of the PBGC’s Actuarial Services Division and as the PBGC's primary program official on benefit policy.

  • Since its establishment in 2005, the firm routinely has been engaged by major law firms, actuarial consulting firms, investment banking firms, and employers of all sizes, including many Fortune 100 companies, to deal with PBGC-related issues.

Based on their many years of experience, the attorneys at Keightley & Ashner LLP can provide sound and practical advice and effective representation on all matters under Title IV of ERISA, including:

 
       
“Early Warning Program” involvement
in corporate transactions
Business restructuring and financial workouts involving PBGC-covered plans
 
 
Reportable events
Downsizing liability under ERISA Section 4062(e)
     
Annual employer reports
Standard terminations and related audits
     
Participant notices and related audits
Distress terminations
 
 
Information penalty assessments
Involuntary terminations
 
 
Premiums and related audits and penalties
Employer liability disputes
 
 
Benefit valuation and payment disputes
Bankruptcy claims and related disputes
 
 
PBGC regulatory and legislative initiatives
Multiemployer plan disputes
       
Due diligence reviews of PBGC/other employee benefits liabilities
         
      The attorneys at Keightley & Ashner LLP can give you invaluable guidance on how the PBGC is likely to react to a particular situation and on how best to address your PBGC-related issues.  
       
     
     
    Human Resources Administration, Compliance, and Litigation
     

    Our firm represents management in virtually all matters that concern the employment relationship and the workplace. We assist employers in establishing sound practices that minimize the risk of employment claims. We provide counseling and advice relating to compliance with applicable federal, state and local employment statutes and regulations, and with judicial and administrative rulings. In this regard, among other things, we regularly advise employers with respect to day-to-day employment matters (such as counseling and discharges), significant developing areas in the law and long-term policy issues.

    Our practice also includes advising our clients with respect to:

     
       
    Developing personnel policies and procedures, including creation of employee handbooks and application forms,
     
    Preparing and negotiating employment, independent contractor, and severance agreements,
     
    Preparing restrictive covenant agreements (non-competition, non-solicitation, and non-disclosure agreements), and
     
    Implementing internal compliance audits.
       

    We can advise clients regarding all non-discrimination laws, federal and state family and medical leave laws, wage-hour claims and classification issues under the Fair Labor Standards Act, wage payment claims that arise under state law, and compliance with the National Labor Relations Act, the Uniformed Services Employment and Reemployment Act, Executive Order 11246, the Rehabilitation Act of 1973, and The Vietnam Era Veterans' Readjustment Assistance Act Of 1974.

    We can represent employers before all relevant federal, state and local administrative agencies, and assist in the representation of employers in federal and state court proceedings if disputes proceed to litigation. We can represent clients in defending against claims that allege employment discrimination on the basis of race, color, religion, sex (including sexual harassment), national origin, age, and disability, as well as other bases protected under state and local laws (including sexual orientation and marital status).

    We frequently make presentations to clients to train their management and supervisors regarding employment law issues and employer obligations. In particular, we address significant developing areas of employment law such as sexual harassment, wage-hour issues (particularly overtime and other compensation issues), and hiring and firing employees.

    The firm also represents senior executives in connection with employment contract issues.

       
       
    Legislative, Regulatory, and Government Relations Law
      The lawyers at Keightley & Ashner LLP have many years of experience serving in various roles at the Pension Benefit Guaranty Corporation, the Internal Revenue Service, the U.S. Office of Personnel Management, the U.S. Merit Systems Protection Board, and the U.S. Civil Service Commission. Our extensive government experience gives us a unique understanding of how government decisions are made.
       
     
    Monitoring the latest developments relating to legislative, regulatory, enforcement, or other government initiatives
     
    Analyzing the prospects that these initiatives will be implemented and, if so, their likely effects
     
    Developing your views and a strategy for gathering support from various stakeholders
     
    Advocating your views to the right people in government
       
      Our technical expertise in the areas of employee benefits law, bankruptcy law, tax law, and Federal employment law provides valuable credibility to our legislative, regulatory, and government relations practice