Employee Stock Ownership Plans (ESOPs)

Greenberg Traurig’s Employee Stock Ownership Plan (ESOP) Team includes ERISA, tax, corporate, finance, litigation, labor, securities regulation, and trusts and estates lawyers. As a result, our clients work with an interdisciplinary team that offers wide-ranging experience in designing, drafting, and implementing ESOPs to meet our clients’ diverse needs. We also assist clients in integrating their company’s overall employee benefits program with their ESOP and work closely with the leading advisors in the ESOP community. We represent corporations, selling shareholders, ESOP trustees, lenders, and private equity groups. Greenberg Traurig’s depth of experience in the relevant practice areas and our broad geographic coverage enable us to respond quickly and efficiently to clients seeking ESOP assistance.

Our services include structuring corporate transactions involving ESOPs; special tax planning associated with ESOPs; representation of independent trustees and independent fiduciaries involved in ESOP transactions; and ongoing ESOP plan representation. We also represent entities purchasing ESOP companies. In addition, our wide range of experience and resources enables us to connect clients with the key strategic partners in the ESOP community for lending, ESOP consulting, valuations, and trustee services.

Experience

• IRS audits and DOL investigations
• Restructurings and recapitalizations using ESOPs
• Private equity/ESOP integrated structures
• Rollups and spinoffs using ESOPs
• Implementation of stock buyback programs using ESOPs
• Fiduciary advice in connection with litigation and governance matters
• Sales and purchases of ESOP companies

ESOP planning is also a key component of our wealth management and tax planning strategies for business owners and key executives. Our practice includes integrating ESOPs with estate planning and management buyouts, as well as positioning ESOP companies for a secondary sale or an eventual IPO. Additionally, we have a wide range of experience in the design, implementation, and operation of all forms of qualified retirement plans, welfare benefit plans, executive compensation plans, and other stock incentive plans.