Allison Perry's practice focuses on a wide variety of corporate and tax issues that are incident to the design, implementation, administration and sponsorship of employee benefit and executive compensation arrangements. Her representation includes nondiscrimination requirements, issues related to contributions and distributions, plan amendments to comply with current tax law, voluntary compliance program submissions and the implications of Sections 162(m), 409A, and 280G of the Internal Revenue Code.
Allison brings a friendly and positive attitude with an aim to makes her clients’ jobs easier by partnering with them in working towards a common goal. Her experience is with small to large clients on a wide range of employee benefits and executive compensation matters. Allison counsels clients in matters involving executive compensation and employee benefits matters, including qualified and non-qualified retirement plans, employment agreements, severance arrangements, change in control agreements, equity-based compensation arrangements, deferred compensation arrangements, incentive compensation arrangements, welfare benefit plans, and other fringe benefit arrangements. She is also considered a “go-to person” for clients and colleagues with qualified plan corrections and related matters.
In addition, Allison provides advice regarding compliance with the Employee Retirement Income Security Act (ERISA), including fiduciary duties in plan administration and termination, disclosure and filing requirements, Qualified Domestic Relations Orders, and avoidance of prohibited transactions. She also focuses on legal issues relating to compensation and benefits in mergers, acquisitions, and other similar public and private company transactions. Allison has represented clients with respect to their plans before the Internal Revenue Service (IRS) and Department of Labor (DOL).
Recent Notable Matters
Castleton Commodities International LLC — equity investment by Tokyo Gas America Ltd. in CCI’s subsidiary, Castleton Resources LLC, which owns upstream assets in East Texas (2017); advised on the restructured employee benefits to be implemented post–closing and assisted in the initiation of a management equity incentive compensation program.
Seller — lead representation in all benefits-related aspects of $158 million transaction, including negotiations and drafting of purchase agreement related to defined benefit plan and retiree medical liability, executive compensation and other employee benefits matters
Buyer — $12.1 billion purchase of a public company, representation of buyer in structuring and negotiation of executive and key employee compensation and benefits packages and preparation of disclosures for SEC filings
Energy company — $142.5 million acquisition by way of merger of an electric company, including termination of employee stock ownership plan
Large energy corporation — $2 billion sale of its interests in a limited partnership, including analysis of potential 2800 issues and extensive negotiations related to provision of transition services and employee secondment
Investment committees — 401(k) and pension plans in developing and implementing appropriate investment policies and procedures, and advising clients with respect to investment-related issues and general fiduciary standards and best practices
Various clients — plan terminations for single employer plans and plan withdrawals from multiple employer plans
Confidential client — negotiation of settlement agreement with the Pension Benefit Guaranty Corporation (PBGC)
Individual executives — negotiation of employment agreements and long-term incentive arrangements
Various clients — review and amendment of employment and severance agreements for compliance with ERISA and the Internal Revenue Code
Various clients — preparation of employee forms and notices, including with respect to the implementation of stock fund limitations, diversification rights, automatic enrollment programs, qualified default investment alternatives and safe harbor requirements
Various clients — legal issues applicable to medical, disability and other welfare plans, including compliance with HIPAA, COBRA and other federal and state laws