In this episode of Just Compensation, Megan Monson, Julie Levinson Werner, and Jessica I. Kriegsfeld delve into considerations associated with engaging temporary workers, particularly through a staffing agency. They discuss...more
In this episode of Just Compensation, Megan Monson and Jessica I. Kriegsfeld talk to Anthony O. Pergola, Vice Chair of Lowenstein’s Emerging Companies & Venture Capital practice group, about the complexities and challenges of...more
6/7/2025
/ Acquisitions ,
Change of Control ,
Corporate Taxes ,
Employee Benefits ,
Executive Compensation ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Mergers ,
Startups ,
Tax Liability ,
Tax Planning ,
Venture Capital
On April 17, the Supreme Court unanimously resolved a circuit split in Cunningham v. Cornell University, holding that plan participants need only allege that fiduciaries engaged in a “prohibited transaction” under the...more
4/30/2025
/ 401k ,
Burden of Proof ,
Class Action ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS
In this episode of “Real Talk,” host, Megan Monson, partner in Lowenstein Sandler's Executive Compensation Employment and Benefits Practice Group, talks with Robin Goldfischer, senior vice president and general counsel at...more
In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an...more
1/23/2025
/ Acquisitions ,
Compensation & Benefits ,
Deferred Compensation ,
Employee Benefits ,
Employee Retention ,
Employees ,
Employment Contract ,
Employment Policies ,
Executive Compensation ,
Just Compensation ,
Mergers ,
Risk Management
This episode of “Just Compensation” features Andrew E. Graw, Megan Monson, and Jessica I. Kriegsfeld of Lowenstein Sandler's Executive Compensation and Employee Benefits group discuss when severance plans will be subject to...more
In this episode of “Real Talk,” Lowenstein lawyers Megan Monson, Nicole Fulfree, and Rachel Moseson Dikovics discuss the Surgeon General’s recent advisory titled “Parents Under Pressure,” which described the state of American...more
On this episode of “Just Compensation,” Andrew Graw, Megan Monson, and Jessica I. Kriegsfeld talk about equity plan considerations for public companies. They address various drafting considerations that are specific to public...more
“Top hat plans” —non-qualified deferred compensation plans that can be exempt from most of the requirements of Employee Retirement Income Security Act of 1974 or ERISA—can be a useful tool for employers looking to provide...more
On the latest episode of Just Compensation, Lowenstein’s Darren Goodman, Megan Monson, and Jessica Kriegsfeld of the Executive Compensation, Employment and Benefits practice discuss how the structure of an M&A transaction...more
On this episode of “Just Compensation,” the hosts provide an introduction into Section 409A, the complicated tax code provision that governs non-qualified deferred compensation: when does it apply, how do you comply with it,...more
On April 23, the U.S. Department of Labor (DOL) finalized its latest effort to change the rules for determining who a fiduciary is under the Employee Retirement Income Security Act of 1974, as amended (ERISA). Called the...more
5/13/2024
/ Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Five-Part Test ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Investors ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
On October 31, 2023, the U.S. Department of Labor (DOL) proposed a new fiduciary rule that would expand the definition of “investment advice fiduciary” under ERISA to cover certain one-off recommendations and expand who is...more
In today’s episode of “Real Talk,” Megan Monson, partner in Lowenstein Sandler's Employee Benefits and Executive Compensation practice, speaks with her colleagues Diane Moss, counsel in Lowenstein's Emerging Companies &...more
A well-thought-out hiring process can help companies not only attract and retain top talent, but it can also ensure that companies meet legal obligations, obtain necessary protections, and avoid costly mistakes. In this...more
On August 25, the Internal Revenue Service issued Notice 2023-62 (the Notice) delaying implementation of a provision of the SECURE 2.0 Act of 2022 that, commencing in 2024, would have required catch-up contributions by...more
Today on Just Compensation, Megan Monson, Julie Levinson Werner, Taryn E. Cannataro, and Amy C. Schwind discuss some of the issues an employer must consider as the workforce becomes increasingly remote. They recommend that...more
Andrew E. Graw, Megan Monson, Jessica Kriegsfeld discuss the SECURE 2.0 Act and some of the retirement plan changes it will create in 2023 and beyond, such as raising the age for taking required minimum distributions from...more
The latest “Just Compensation” podcast features Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Employee Benefits & Executive Compensation group describing some of the benefits-related considerations...more
In this edition of “Just Compensation,” Andrew E. Graw, Chair of Lowenstein’s Employee Benefits & Executive Compensation practice, talks with partner Megan Monson and counsel Taryn E. Cannataro about 401(k) plan...more
In this episode, the hosts discuss how companies can structure “in-the-money” stock options in order to avoid violating IRS rules governing non-qualified deferred compensation. They also address the benefits and potential...more
On December 29, 2022, President Biden signed into law the federal omnibus spending bill titled the Consolidated Appropriations Act, 2023. Included in the omnibus bill is the SECURE 2.0 Act of 2022, which builds on the tax...more
In the current state of the economy, stock option repricing may be a valuable tool in incentivizing employees. Partners Darren Goodman and Megan Monson talk with Taryn Cannataro about the benefits of repricing, the variety of...more
Host Megan Monson, partner in Lowenstein’s Employee Benefits & Executive Compensation group, talks to guests Andrew E. Graw, the group’s Chair, and Julie Levinson Werner, partner in the firm’s Employment Counseling &...more
In today’s episode of “Just Compensation,” hosts Megan Monson, Taryn E. Cannataro, and Batool T. Banker of Lowenstein’s Employee Benefits & Executive Compensation practice examine the Form 5500, which must be filed by all...more