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Lee is a partner in the employee benefits section of the business law department. He has specialized in ERISA and the other laws that govern employee benefit plans since he joined the firm in 1975. Lee focuses much of his practice on 401(k), profit-sharing, pension and savings plans, employee stock ownership plans (ESOPs), and other funded, tax-favored employee benefit plans that are sponsored by publicly traded corporations and other large organizations as well as by smaller businesses. Lee's practice emphasizes (i) the design, documentation, communication, operation, and administration of these plans; (ii) their redesign, consolidation, termination or other disposition in mergers, acquisitions, and other complex business settings; (iii) compliance with Internal Revenue Code requirements for tax-exempt status; (iv) compliance with ERISA's fiduciary responsibility requirements and restrictions on transactions involving plan assets; and (v) audits and other proceedings involving the Department of Labor, Internal Revenue Service, and Pension Benefit Guaranty Corporation. Before joining the firm, Lee served as law clerk to the Honorable Frank M. Parker, North Carolina Court of Appeals, 1973-1974.
Representative Matters
Integrated and consolidated an acquired company's benefit plans with the acquiring company's plans following a complex, multi-billion dollar acquisition.
Consolidated an employer's diverse profit-sharing, 401(k) and savings plans into a single retirement program, permitting different amounts of employer and employee contributions.
Designed and implemented an employee stock ownership plan (ESOP) to purchase a substantial amount of the employer's common stock on a leveraged basis.
Directed the correction of plan administration errors under the Internal Revenue Service's remediation procedures for tax-qualified plans (Employee Plans Compliance Resolution System).
Redesigned a complex non-qualified deferred compensation plan for key management.
Publications, Presentations and Awards
North Carolina Super Lawyers, Employee Benefits Law, 2008
Best Lawyers in America, Employee Benefits Law, 2007-2008
Frequent lecturer on employee benefit-related topics at continuing legal education (CLE) programs and other seminars, and member of ERISA-oriented professional organizations
Professional, Civic and Community Involvement
Professional: North Carolina Public Utilities Commission, Assistant Counsel, 1974-1975
Civic/Community: Arts and Science Council, Chair of In-house Fund Raiser. | 