Lawrence J. Eisenberg is Consulting Counsel to Potomac Law Group. For over 35 years, he has primarily specialized in ERISA, employee benefits and compensation matters for entities of all sizes, from publicly traded companies to small businesses. Mr. Eisenberg also has a unique expertise in pooled income funds, a charitable planning strategy that provides creative tax planning opportunities. In addition, Mr. Eisenberg provides tax planning and mitigation services related to individual plaintiff recoveries.
Extensive experience in ERISA, qualified plans, deferred compensation, executive compensation, employee benefits and other compensation-related matters, as follows:
- All matters related to tax-qualified plans maintained by public and privately held companies and tax-exempt organizations, including plan design and implementation, planning related to tax and ERISA compliance, drafting of plans and contracts, plan terminations, advice and consultation regarding qualified plan matters, determination letter filings, preparation of annual reports (Form 5500s), performance of annual qualified plan testing requirements including general nondiscrimination testing, and matters related to collectively bargained plans.
- Addressing and resolving plan defects (operational and formal), including preparation and filing of self-correction submissions under both the Internal Revenue Service and Department of Labor self-correction programs (EPCRS, DFVCP, VFCP).
- Extensive experience with employee stock ownership plans (ESOPs), including for public and private companies, and both C corporations and S corporations. ESOP feasibility planning.
- Matters related to non-qualified deferred compensation plans and executive compensation for taxable and tax-exempt organizations, including the design and implementation of plans and securing of benefits, and compliance with applicable Code and ERISA requirements, including Code Section 409A, 457(b) and 457(f).
- Creative and innovative plan design intended to achieve specialized compensation planning objectives.
- Representing clients before the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation.
- Merger and acquisitions related to employee benefit matters, including planning, due diligence, and representation and warranty matters; golden parachute payment planning and analysis.
- Employment contracts, severance agreements, change in control agreements, and related compensation matters.
- Equity-based compensation programs (e.g., nonqualified and incentive stock options, restricted stock, restricted stock units, phantom stock plans and employee stock purchase plans).
- ERISA Title I, fiduciary, prohibited transaction and plan asset matters.
- ERISA fiduciary governance matters, including preparation of fiduciary charters, bylaws, indemnification agreements and investment policy statements.
- Review and draft plan administration and service agreements.
- Individual retirement account (including Roth IRA) matters.
- Fringe benefit, employee benefit and welfare benefit plans, including cafeteria plans and other flexible benefit programs, VEBAs, employee benefit trusts, MEWAs and other welfare benefit plans.
- Unique expertise regarding pooled income funds and their creative uses.
- Expertise related to tax planning for individuals receiving litigation recoveries, including tax mitigation strategies.
Publications and Speeches
- Nerds Eye View, New Pooled Income Fund Blog Article, July 2021
- Law360, How Companies Can Boost Benefits for Rank and File Employees, June, 2020
- Bloomberg Tax, The Code Section 642(c) Plan; Charitably Conscious Deferred Compensation, November, 2018
- Bloomberg Tax, The Contingency Fee Tax Trap and a Solution, July, 2018
- Initial Co-Author, Pension Plan Fix-It Handbook, Thompson Publishing Group
- Former Contributing Editor, 401(k) Plan Handbook, Thompson Publishing Group
- Flex Plan Handbook, Thompson Publishing Group
- President, Forward Giving, Inc. (a 501(c)(3) organization) – focused on using pooled income funds to promote general philanthropy
Memberships and Affiliations
- Small Business Council of America
- DC Bar Association