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Caplin & Drysdale | Attorneys
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Employee Benefits
Advising on Health and Welfare Benefits

Every employer faces increasing regulatory burdens in providing even the simplest health and welfare benefits to its employees. From HIPAA to COBRA to new regulations for cafeteria plans and benefits claims procedures, the law becomes more complicated every year. You need expert advice to structure your benefits in a way that complies with the rules and takes advantage of the opportunities.

Caplin & Drysdale can give you the advice that you need. We can help you sort through HIPAA and COBRA, work with you to structure your VEBA or section 401(h) account efficiently, and advise you on key ERISA concerns. We’ll help you stay on top of the legal developments in this fast-changing area and give you the tools you need to provide your employees the benefits they want.

Representative Engagements

  1. A major employer is conducting a comprehensive review and restructuring of its VEBA.

    Result: Caplin & Drysdale advises on all aspects of the review. We help the employer understand all its options and provide comprehensive advice on how to restructure its funded welfare benefits.

  2. A corporation engaging in mergers and acquisitions needs help to ensure that its purchase and sales agreements handle health and welfare benefits properly.

    Result
    : Caplin & Drysdale counsels the corporation on all aspects of the treatment of health benefits in the mergers and acquisitions. We help the corporation assess the potential COBRA and other liabilities that it faces, make sure that those liabilities are properly allocated, and secure appropriate indemnification from the other parties to the transaction.

  3. An employer seeks to pre-fund retiree health benefits in a tax-favored manner.

    Result
    : Caplin & Drysdale designs an innovative arrangement that achieves the desired tax results.

Our Services

  • Advising on
    • Health plans (including HIPAA and COBRA issues)
    • VEBAs
    • Cafeteria plans
    • Other welfare benefits
  • Advising on ERISA issues for health and welfare benefits
  • Preparing plan documents and employee communications
  • Advising on treatment of health and welfare benefits in transactional settings


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