James Huffman
Associate
James Huffman is an associate in the Tax Department and a member of the Employee Benefits & Executive Compensation Group.
James counsels public and private companies on their employee benefits plans and executive compensation arrangements. This includes counseling clients on compliance with ERISA, the Internal Revenue Code, and securities laws, both in day-to-day administration and in transactions (including mergers and acquisitions and financing transactions). In the employee benefit plan space, James provides advice on the full lifecycle of a plan, from its inception and administration to its termination. He also represents clients before the IRS and other government agencies in connection with these matters. James’s practice also includes advising clients in connection with distressed multiemployer pension plans.
In the executive compensation space, James works with both companies and executives in negotiating employment and separation agreements. With experience working on both sides, James approaches negotiations with a holistic view of the issues and a focus on reaching an efficient and fair resolution. He also collaborates with companies in designing and implementing annual and long-term cash and equity incentive compensation programs, and in complying with related securities disclosure obligations.
James earned his B.A. and J.D. from the University of Maryland, where he was senior articles editor of the Journal of Health Care Law and Policy, and earned his LL.M. in taxation with a certificate in employee benefits from Georgetown University Law Center.
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Employers that are tax-exempt or have tax-exempt affiliates (for example, a foundation) should pay close attention to a 21% excise tax under Section 4960 of the Internal Revenue Code on certain executive compensation. Proposed Regulations under Section 4960 are described here. The discussion includes traps for the unwary. Please reach out to your Proskauer contact … Continue Reading
As previewed in our prior blog post, the recently enacted SECURE Act includes many changes that affect employer-sponsored benefit plans and require the attention of plan administrators. Among these changes, effective for distributions made after December 31, 2019 (for individuals who reach age 70½ after that date), is the delay of the “required beginning date” … Continue Reading
At the heart of tax qualified retirement plan compliance is a requirement to timely adopt plans and plan amendments. Failure to adopt plan amendments when required can result in plan disqualification. Accordingly, it is very important for plan sponsors to prove that amendments were properly executed in a timely manner. In a General Legal Advice … Continue Reading
On November 24, 2017, the Department of Labor (“DOL”) released regulations finalizing a 90-day delay on the application of new claims procedures for disability claims. The Obama-era regulations providing for the new claims procedures were set to become effective for disability claims filed on or after January 1, 2018. In the absence of additional regulatory … Continue Reading
On October 10, 2017, the Department of Labor (“DOL”) released proposed regulations that would delay for 90 days the effective date of the final disability claims procedures regulations finalized on December 19, 2016. As explained in our August 1, 2017 blog entry, the new disability claims procedures added various participant protections and rights to existing … Continue Reading
On August 30, 2017, the Department of Labor (“DOL”) officially proposed delaying the applicability date of exemptions to its fiduciary rule until July 1, 2019. The proposal was expected after DOL stated in a court filing earlier this month that a delay proposal was under review by the Office of Management and Budget. This proposal … Continue Reading
On August 9, 2017, the Department of Labor (“DOL”) stated in a court filing that the Office of Management and Budget (“OMB”) is reviewing a proposal to extend the applicability date for certain requirements under DOL’s fiduciary rule until July 1, 2019. As discussed here and here the fiduciary rule’s “impartial conduct standards” have been … Continue Reading
As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability claims are consistent with regulations that become effective for plan years beginning on and after January 1, 2018. These regulations apply to ERISA-covered short-term and long-term disability plans, as well as retirement plans … Continue Reading
