William B. Duff practices primarily in the areas of employee benefits, including ERISA, executive compensation, employment law and related tax issues. He also advises on matters of corporate governance, particularly with respect to nonprofit organizations.
Mr. Duff’s employee benefits practice involves the establishment, compliance, administration, and termination of employee benefit plans, as well as the disposition of plans in complex business transactions, such as corporate mergers and acquisitions. He advises clients on the application of ERISA’s fiduciary standards and has experience in advising on multi-employer plan issues. He also represents clients in audits before the Internal Revenue Service and the U.S. Department of Labor. Additionally, Mr. Duff advises on the requirements of the federal healthcare reform law ("PPACA") as applicable to sponsors and administrators of group health plans.
In his executive compensation practice, Mr. Duff implements executive compensation programs, including stock option, restricted stock, stock appreciation rights, phantom stock and other equity-based compensation plans, non-qualified deferred compensation arrangements (including Section 409A compliance issues), bonus and other incentive-pay programs. This includes counsel and preparation of comprehensive compensation and benefits packages and the development of tax-efficient strategies and use of appropriate funding mechanisms (such as rabbi trusts). Mr. Duff also advises on issues relating to “parachute” payments under section 280G of the Internal Revenue Code.
Mr. Duff advises clients on personnel and employment matters, such as wage and hour issues, age, race, sex, disability and other discrimination in employment issues. He negotiates and prepares employment agreements and advises clients regarding employment termination matters, employment agreement work-outs, downsizings, and other separation and severance arrangements. He also represents individual executives in the negotiation and drafting of employment agreements and severance agreements.
Mr. Duff represents companies (particularly nonprofit and tax-exempt organizations) with respect to governance, operation, and compliance issues, including representation in connection with governmental investigations.