Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Colleen Hart

Colleen Hart

Partner

Colleen Hart is a partner in the Tax Department and a member of the Employee Benefits & Executive Compensation Group. Colleen’s practice focuses on the tax planning, securities law and corporate governance aspects of employee benefits and executive compensation matters. She advises companies, executives and boards on deferred compensation, golden parachute and deduction limitation rules, and securities reporting, registration and disclosure requirements.

Colleen also counsels clients on benefits and compensation issues arising in mergers and acquisitions, initial public offerings, bankruptcies and finance transactions. Matters she handles include the revision and negotiation of employment and change-in-control agreements, the design and implementation of deferred compensation, equity and incentive compensation plans.

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Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities

As we previously reported, in Sun Capital, the U.S. Court of Appeals for the First Circuit held in 2013 that a private investment fund, pursuant to the so-called “investment plus” test first articulated by the Pension Benefit Guaranty Corporation (the PBGC), was engaged in a “trade or business” under the Employee Retirement Income Security Act … Continue Reading

California Governor Signs New Law Reducing State Tax Penalty for Section 409A Violations

California Governor Jerry Brown has signed into law a measure that will reduce the California income tax penalty for violations of Section 409A of the Internal Revenue Code of 1986, as amended, (“Section 409A”) from 20% to 5%. California law previously provided for a state income tax penalty equal to the federal income tax penalty … Continue Reading
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