Gibson, Dunn & Crutcher LLP webcast briefing on
An Overview of the Section 409A Deferred Compensation Regulations

Wednesday, April 25, 2007

Our Program:
This briefing addresses the final IRS regulations interpreting deferred compensation rules under Section 409A of the Internal Revenue Code. The broad sweep of these rules impacts many types of employee compensation, and there are severe penalties on employees for noncompliance. Our experienced executive compensation attorney-presenters will cover key issues raised by the final regulations and recommend practical approaches for addressing them.

Topics discussed include: 

• The impact of Section 409A on severance arrangements, including favorable new rules on "good reason" provisions.

• The types of stock that can underlie stock options and stock appreciation rights that avoid the coverage of Section 409A.

• Rules on when payments can be made, including the required six-month delay applicable to "specified employees" of public companies.

• How health care and other benefits provided to departing employees can be structured to comply with Section 409A. 

• The plan amendments that must be adopted by December 31, 2007 to bring arrangements into compliance with Section 409A and the consequences of noncompliance.

Who should view this program: 
In-house counsel, human resources personnel, tax department personnel and other personnel responsible for compensation matters. 

Featured presenters include: 

Steve Fackler - Steve is a partner in Gibson Dunn's Palo Alto office. He is a Co-Chair of the firm's Executive Compensation and Employee Benefits Practice Group. Steve has more than 22 years' experience nationwide advising public and private companies, private equity funds and boards of directors on compensation and benefits matters. He also regularly advises senior executives on their employment and severance arrangements and directors in connection with compensation and indemnification arrangements.

Charles Feldman - Charlie is a partner in the New York office and has represented clients with respect to executive compensation and tax matters for more than 35 years. He was formerly Chair of the Executive Compensation Practice Group and co-Partner-in-Charge of the New York office. He is the author of Executive Compensation Planning (P.L.I.) and is co-author of "Compensation, Insurance and Survivorship Benefits," Legal and Tax Planning Forms (Warren, Gorham & Lamont). He has also written numerous articles on executive compensation and income tax subjects. He is also on the Editorial Board and the author of a quarterly column on "Executive Compensation" for the Journal of Pension Planning & Compliance (Panel).

David West - David is a partner in the Los Angeles office and has provided executive compensation advice for more than 25 years. He was formerly Chair of the Employee Benefits and Executive Compensation Practice Group. David has extensive experience in all aspects of employee benefits law, including related areas of labor, tax and securities law. He has handled numerous significant matters involving compliance counseling and planning, transactions and litigation in connection with pension and profit sharing, employee stock ownership plans, health and life insurance, and deferred and executive compensation. He has also served as an expert witness in various employee benefits and pension accounting disputes.

Michael Collins - Mike is a partner in the Washington, DC office. His practice focuses on all aspects employee benefits and executive compensation. His practice runs the full gamut of tax, ERISA, accounting, corporate, and securities law aspects of stock option, SAR, restricted stock, and employee stock purchase plans; tax-qualified retirement plans, nonqualified deferred compensation; SERPs; executive employment agreements, golden parachutes and other change in control arrangements; severance, confidentiality, and noncompete contracts; performance bonus and incentive plans; director's pay; rabbi trusts; split dollar life insurance; excess benefit and top hat plans; and the like.