Firm Description
Overview
Smith & Downey is one of the nation's leading law firms concentrating
in the area of human resources law. The Firm's attorneys are among the
most respected in their fields, and are sought out not only as expert counsel
but also as speakers, law professors and expert witnesses. The Firm's attorneys
also write several of the leading books and periodicals in their fields.
Despite its leadership position in its industry,
the Firm uses aggressive overhead controls and organizational efficiencies
to price its services at levels considerably below those of its peer firms
and typically below even attorneys who do not possess the Firm's level
of expertise and experience.
The Firm's approach is to identify, rapidly and
at the lowest possible cost, practical answers to its clients' questions
that not only resolve immediate inquiries but that also help to build risk
management procedures that reduce clients' future exposure.
The Firm's clients range from professional firms
with just a few employees to international conglomerates with thousands
of employees. The Firm represents privately held, publicly traded, tax-exempt,
governmental and church related employers in all regions of the country.
The Firm's attorneys possess highly focused expertise
in all areas of employee benefits, executive compensation and labor and
employment law, as discussed in more detail below.
Employee Benefits and Executive Compensation Law
The Firm has extensive
experience in serving as employee benefits and executive compensation counsel
to a wide variety of employers. The Firm also is counsel to a number of
employee benefits and executive compensation consulting and administration
firms, and occasionally serves as counsel to particular executive employees.
The Firm has extensive experience in representing
financial institutions, investment advisors and insurance companies that
render investment and other services to employee benefit plans. Attorneys
of the Firm have provided those clients with a complete range of advice
concerning ERISA's fiduciary and prohibited transaction rules. The Firm's
attorneys also have prepared and worked with master and prototype retirement
plans and IRA, SEP and SIMPLE products for institutional clients.
The Firm has extensive experience in the drafting
of and operation of pension, profit sharing, 401(k), employee stock ownership,
403(b) tax-sheltered annuity and 457 deferred compensation plans. The Firm
also has extensive experience in obtaining governmental approval of new
tax-qualified plans and of amendments to existing tax-qualified plans.
The Firm has extensive experience with all types
of employee welfare benefit arrangements, including flexible benefits or "cafeteria" plans, voluntary employee beneficiary associations ("VEBAs"),
multiple employer welfare benefit arrangements ("MEWAs", "METs" and "419
Trusts") and other welfare benefit arrangements (e.g., medical and dental
plans, disability plans, life insurance plans, retiree welfare plans, etc.).
The Firm is very active with respect to advising clients concerning (1)
compliance with HIPAA, COBRA and the anti-discrimination requirements for
employee welfare benefit arrangements, (2) the options available for compliance
with FASB standards such as FAS106 and FAS112 and (3) the effect on employee
benefit plans of the Americans with Disabilities Act and the Family and
Medical Leave Act.
The Firm has extensive experience in providing
advice concerning employee benefits and executive compensation issues arising
in connection with mergers and acquisitions and other corporate transactions.
The Firm also has considerable knowledge concerning the application of
the federal and state securities laws to employee benefit and executive
compensation plans, such as the preparation of SEC registration statements
for equity compensation arrangements, counseling concerning registration
exemptions and insider trading restrictions, advice on employer stock funds
as investment options under tax-qualified plans, and similar services.
The Firm provides a full range of legal services
with respect to the compensation of executives of taxable, tax-exempt,
governmental and church related entities, including services concerning
non-tax-qualified deferred compensation plans, incentive plans of various
types and equity-based compensation plans (e.g., stock option plans, phantom
stock plans, etc.).
Labor and Employment Law
The Firm provides comprehensive advice and representation in all aspects
of labor and employment law. The Firm has substantial litigation experience
in the areas of equal employment law, sexual harassment, the Americans
with Disabilities Act, the Equal Pay Act and the Age Discrimination in
Employment Act. The Firm also provides counseling and advice to employers
regarding protective measures for avoiding exposure to employee and former
employee claims of discrimination and wrongful discharge.
The Firm has extensive experience in the drafting
of employee handbooks, employment contracts, drug testing policies and
harassment policies, and provides representation in all aspects of management/union
relations, including union avoidance, collective bargaining, administration
of collective bargaining agreements and labor arbitration.
The Firm also counsels and represents employers
in federal and state occupational safety and health matters.
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The firm has offices in Baltimore, Maryland,
Long Island, New York and Washington D.C.
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