Tomberg law firm, P.L.

ESTATE  PLANNING Employee  BenefitsTAX Attorney  Profile

Employee Benefits


The Tomberg Law Firm could assist you and your business with respect to the administration of employee benefit plans and compliance with the requirements under Federal tax laws, ERISA and State laws with regard to distributions, filings, qualified domestic relations orders ("QDROs"), COBRA, HIPAA, PPACA (ObamaCare) and fiduciary duties in plan administration, reorganizations and terminations, including the terminations of qualified plans and liquidations of qualified plan trusts in relation to the bankruptcy of the plan sponsor. The Firm assists clients in all aspects of employee benefits law, including:


  • Litigating all aspects of ERISA litigation claims in order to properly assert or defend the client's rights by utilizing Michael Tomberg's unique comprehensive employee benefits law background
  • Preparing and filing applications for determination letter with the IRS to the maintain qualified status of the plan, voluntary correction program filings with the IRS to correct plan failures, satisfaction of the IRS self-correction program to correct plan failures (which does not involve a filing with the IRS), and all other required and voluntary filings with other governmental entities to maintain the legal compliance with the benefit plan and/or the fiduciaries of the plan
  • Structuring and drafting various types of executive compensation arrangements to meet the particular client needs (such as phantom stock, stock option, stock appreciation right, restricted stock and omnibus stock plans) and has extensive experience in assisting clients in compliance with the complex area of deferred compensation and the nuances of Section 409A of the Internal Revenue Code
  • Designing, drafting and implementing qualified and non-qualified employee pension plans and welfare benefit plans, such as pension plans, employee stock ownership plans (“ESOP”), 401(k) plans, supplemental executive retirement plans, cafeteria plans and other types of employee benefit arrangements, including associated trust agreements
  • Advising and assisting in the implementation of medical privacy and security regulations under HIPAA, including developing HIPAA compliance programs, initial compliance assessments, gap analyses and implementations and workforce training and drafting privacy policies and procedures
  • Implementing compliance strategies with the various requirements of PPACA (ObamaCare)
  • Assisting publicly-traded clients in drafting various public filings dealing with employee benefits issues
  • Negotiating the employee benefit aspects and drafting the corresponding provisions of purchase agreements and credit agreements, coordinating due diligence and assisting clients in the benefits transition related to business reorganizations, acquisitions, mergers, spinoffs and divestitures, as well as analyzing and structuring employee benefit aspects of such transactions in order to minimize the potential risk of benefit liabilities and maximize the income tax benefits of the transaction to the client
  • Negotiating administrative service agreements with respect to various forms of benefit plan arrangements