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Mr. Cantor practices primarily in the areas of ERISA, employee benefits-related tax law, employment law, executive compensation and business succession planning. He advises a diverse group of public and private companies, partnerships, limited liability companies, hedge funds and nonprofit organizations on complex issues arising in these areas.
Mr. Cantor advises clients in the design, operation and administration of qualified and nonqualified retirement plans (including traditional pension plans, 401(k) plans and 403(b) plans), medical and disability plans (including retiree medical plans for executives and key employees), equity compensation plans (including stock option plans, restricted stock plans, phantom stock plans, stock appreciation rights plans and partnership-based equity compensation plans), cafeteria plans, health reimbursement account plans and flexible spending account plans. He also advises clients on employee benefits issues triggered by corporate mergers and acquisitions. He counsels both companies and executives/key employees in the structuring and negotiation of executive/key employee compensation and benefits packages, and drafts and negotiates employment and similar or related agreements in connection with the same. He has represented both plaintiffs and defendants in connection with benefit plan-related litigation, with an emphasis on matters related to claims denials and fiduciary liability.
Representative Experience
Advises both private and public corporations on ERISA and executive compensation matters arising in mergers and acquisitions.
Assists companies in developing cost-effective design and compliance strategies with respect to their qualified and nonqualified plans and equity compensation arrangements.
Advises companies on issues arising in connection with the spinning off, merger, consolidation, freezing or termination of their qualified plans. Mr. Cantor has counseled a number of clients on the structuring of freezes and terminations of under-funded defined benefit pension plans, including terminations involving foreign companies.
Advises companies on cost-effective ways to provide their executives and key employees with additional retirement income when various Internal Revenue Code limits restrict the amount that can be deferred or the benefit that can be paid under a qualified plan.
Advises companies on compliance with ERISA’s various fiduciary requirements. Mr. Cantor specializes in advising companies on compliance with ERISA Section 404(c) and plan investment related issues.
Represents clients in their dealings with the Internal Revenue Service, the United States Department of Labor and various other government bodies. Mr. Cantor’s expertise in these matters is buttressed by his experience in negotiating budget agreements and managing personnel matters while serving as a deputy budget director for a New York City government agency for several years.
Specializes in the complex and constantly developing body of law concerning pension matters for companies and individuals in bankruptcy.
Counsels clients on a variety of legal issues applicable to their medical, disability and other welfare plans, including compliance with HIPAA, COBRA, the ADEA and other federal and state laws.
Advises clients in connection with employee stock ownership plan transactions.
Speaking Engagements & Publications
Mr. Cantor makes presentations to professional groups and employee benefits consulting firms on various employee benefit plan-related issues. In addition, Mr. Cantor has authored or co-authored articles and other publications and client alerts on a variety of ERISA and employee benefits issues, including ERISA Section 404(c) compliance, design and administration of nonqualified deferred compensation plans and equity-based compensation arrangements, ERISA and SEC fiduciary compliance, Sarbanes-Oxley 401(k) plan issues, ERISA and PBGC claims in the context of bankruptcy proceedings, COBRA compliance, health care issues arising in connection with reductions in force, HIPAA Privacy Rule compliance, and extensions of employee benefits to domestic partners and same sex spouses.
Bar Admissions & Memberships
Admitted, New York and New Jersey Bars.
Admitted, U.S. District Court for the District of New Jersey.
Member, American, New York, and New Jersey Bar Associations.
Board Member, ASPPA (American Society of Professional Pension Actuaries) Benefits Council of New York. | 