Editorial: Employee Benefits in California
Employee benefits remains one of the busiest areas of law in California: regular changes to already complex rules contribute to demand for the leading external counsel.
As in the last edition, boutique firm Trucker Huss stands out at the head of the research. All four partners we identify are Fellows of the American College of Employee Benefits Counsel (ACEBC). The "encyclopedic" knowledge of Lee Trucker, a former chair of the employee benefits committee of the State Bar of California is widely admired. He is renowned for his plan preparation and design work, as well as his tax planning expertise and "invaluable counsel" on fiduciary duties. Bradford Huss is a past chair of the employee benefits committee of the American Bar Association's section of tort trial and insurance practice, and his ERISA litigation work is "first class". Charles Storke's "reputation for excellence in plan work precedes him", at least in part due to his work for the Western Conference of Teamsters Pension Trust Fund, the largest Taft-Hartley trust in the United States. His ERISA practice in connection with government audits and federal court litigation also attracted much praise. Barbara Creed is of counsel to the firm and an "executive compensation guru". Also recognised for her advice to clients on employee benefits aspects of M&A transactions and corporate reorganisations, she is the fourth partner featured from "the leading employee benefits firm in California".
Orrick Herrington & Sutcliffe LLP advised Chevron on the compensation and benefits matters relating to its $17 billion dollar acquisition of Unocal, and maintains a reputation as a leading firm in this field. Jonathan Ocker chairs the compensation and benefits group from the San Francisco office and is "extremely highly rated", while his colleague William Berry is thought to be "one of the most knowledgeable in the country for defined benefit plans", and also received praise for his transactional related work and ERISA class-action litigation skills. Richard Gilbert's "phenomenal range of ERISA expertise" was also singled out, and he has advised Fleet Boston, Capital One and American Express on ERISA exemptions.
Stephen Fackler co-chairs the executive compensation and employee benefits practice group at of Gibson Dunn & Crutcher LLP in Palo Alto and is known for his "meticulous and masterful" plan design work. David West is a Charter Fellow of the ACEBC and one of the most highly recommended individuals in our research. He was fêted for his work in all aspects of employee benefits law.
Manatt Phelps & Phillips LLP represents Conoco Philips, Silicon Valley Bank and Syntex in tax, employee benefits and global compensation matters. At the firm Donald Meaders is "without doubt one of the top employee benefits lawyers in the Western US". Particularly well known for his work as plan counsel to major multi-employer trusts, he is a former chairman of the employee benefits committee, tax section of the Los Angeles County Bar Association. Mark Hess is recognised for his representation of clients from the entertainment, banking, real estate and health-care sectors and is a "very fine lawyer".
Linda Griffey at O'Melveny & Myers LLP achieved national renown as chair of the distribution subcommittee of the the American Bar Association's employee benefits committee, and is known for her executive compensation and general benefits expertise. The firm's clients in this area include Sony Pictures Entertainment, Apple, Occidental Petroleum and Citigroup. Wayne Jacobsen from the Newport Beach office also makes our list. Jacobsen represented United Airlines in creating and operating the largest employee stock ownership plan in the United States, and his work for clients such as Bank of America, Experian Information Solutions and Toyota Motor Sales earn him a place among the "foremost experts nationwide".
Reish Luftman Reicher & Cohen also has two lawyers in the listings. Bruce Ashton was commended for all types of work in this area, in particular his ESOP expertise. Frederick Reish is a Charter Fellow of the ACEBC and former chair of the employee benefits subsection of the Los Angeles County Bar Association, and is "one of the foremost practitioners in the state".
James Barrall is the global chair of Latham & Watkins LLP's benefits and compensation group and a "top-notch individual". A former chair of the taxation section of the California State Bar Association, he is particularly well known for his representation of boards of directors, compensation committees and senior executives in relation to governance and compensation matters.
Ethan Lipsig, the founder of Paul Hastings Janofsky & Walker LLP's ERISA practice group, "stands out from the field". Repeatedly recommended for his benefits class action work, he is a former chair of the ABA section of labour and employment law's subcommittees on federal pre-emption and on investments and funding, as well as chairing the employee benefits committee of the tax section of the State Bar.
Robin Schachter appears from Akin Gump Strauss Hauer & Feld LLP in Los Angeles and received recommendations both for the "breadth and quality of his benefits practice" and for his lectures in this area.
James DiBernardo of Morgan Lewis & Bockius LLP is "quite brilliant" for all types of equity compensation matters, as well as for non-qualified deferred compensation programmes.
Edward Burmeister of Baker & McKenzie LLP has assisted over 300 multinational companies in extending their stock plans to employees outside the United States, and is the "leading authority in California for international equity issues". Former chair of the State Bar's taxation section, he "deserves a place on any list of the best".
Robert Ridley of Farmer & Ridley LLP "is one of the most knowledgeable lawyers you'll ever come across", and was involved in the formation of employee benefit law and policy including ERISA in 1974 and the Multi-Employer Pension Plan Amendments Act of 1980.
Scott Spector at Fenwick & West LLP is "extremely highly rated". His "enviable client list", includes Cisco Systems, Symantec, VeriSign and Virgin America, and his reputation is strengthened by his tenure as chair of the ABA's executive compensation subcommittee.
Daniel Niehans heads the executive compensation and employee benefits practice at Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP and is a "very accomplished benefits lawyer". Alongside the full range of benefits work, he is also well known for his representation of senior executives in the negotiation of employment contracts and termination settlements.
Irell & Manella LLP appears in this chapter courtesy of Thomas Kirschbaum, "the go-to guy for plan drafting and design" in the eyes of our sources. He was praised for his "clear, concise and practical" advice to clients.
Robert Johnson at Munger Tolles & Olson LLP was repeatedly recommended for his transactional tax practice, is an "outstanding executive compensation lawyer" and was
also picked out for his expertise in employment agreements, executive compensation, stock and stock option plans and ERISA matters.
Michael Lawson leads the employee benefits group in the Los Angeles office of Skadden Arps Slate Meagher & Flom LLP, and is "extremely well known both in California and nationwide" for his knowledge of all facets of employee benefits and executive compensation law.
Los Angeles-based Don Wellington at Steptoe & Johnson LLP is a former associate benefits tax counsel for the US Department of the Treasury's Office of Tax Policy in Washington, DC, and was heavily involved in the development and review of employee benefits-related legislation while at the Treasury Department. He now gives clients the benefit of this experience, and was recommended for his skilful handling of a variety of matters before the Treasury Department, the Internal Revenue Service and the Department of Labor.