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Michel P. Vanesse
Correcting Operational Failures to Comply with Section 409A – Important, But Not Quite As Simple As We Might Have Hoped
Article co-authored with Heidi M. Alessi
The Global Reach of IRC Section 409: Newly Effective Rules Governing Foreign Deferred Compensation Arrangements Present Operational Challenges in 2009 and Beyond
Benefits Law Journal
The Economic Crisis: Broader Executive Compensation Reforms Coming Soon
Executive Compensation Alert
July 14, 2009
Global Equity Plans
Kennedy Covington International Insights Publication
Jobs Act of 2004: Implications and Questions Regarding Nonqualified Deferred Compensation Plans
The Benefits Law Journal
Are Cash Balance Plans Really Unlawful?
The Benefits Law Journal
Higher Education Institutions
Labor, Employment and Workplace Safety
Tax-Exempt Organizations/Nonprofit Institutions
LL.M., The University of Chicago Law School, 1995
J.D., The University of Chicago Law School, 1991, (Belgian American Educational Foundation Fellow)
LL.M., Universite Libre de Bruxelles, 1989, (with high honors)
J.D., Universite Libre de Bruxelles, 1988, (with high honors)
Bar of Illinois
Bar of North Carolina
Mr. Vanesse is a partner in the Charlotte office and concentrates his practice in employee benefits, with an emphasis on executive compensation and corporate reorganizations. He represents publicly and privately held companies, and a significant portion of his client base includes tax-exempt and governmental entities, with an emphasis on the health care industry. Mr. Vanesse’s practice focuses on the design, drafting, administration and termination of qualified and non-qualified retirement plans (including defined contribution, defined benefit and hybrid plans), deferred compensation arrangements (including specific compliance requirements for arrangements maintained by tax-exempt and governmental entities), and all aspects of equity-based or other performance-based compensation. He also represents companies, management teams and individual executives in the negotiation and drafting of employment agreements and severance agreements. He also assists clients with the correction of documentary and operational failures for qualified and non-qualified plans, and related filings to governmental agencies.
National Association of Stock Plan Professionals, Member, 2005
Mr. Vanesse has lectured on employee benefit matters, including severance plans and executive compensation issues in mergers and acquisitions at John Marshall Law School.
“Correcting Operational Failures to Comply with Section 409A,” co-hosted with Emily Zimmer, September 2013
“Benefits Work for the Health Care Industry,” April 2013
“Employee Benefit Plans, Plan Governance and Fiduciary Liability,” June 2012
“Trends in Executive Compensation,” April 2010
“ERISA: Impact of the Supreme Court Decision in LaRue v. DeWolff on Your Practice,” CLE presentation for the Mecklenburg County Bar, May 2008
“Section 409A - Executive Compensation Disclosure Rules: Update and Review,” Audio Conference co-hosted with Sean Jones and Mark Busch, February 2007
“Employee Benefits Issues Arising in Transactions,” CLE presentation with Mary Turk-Meena, February 2007
Assisted management team in a leveraged buy-out in connection with all issues relating to the employment relationship and compensation, including the negotiation of employment agreements, equity-based compensation and other performance-based incentives, and benefits.
Counseled a publicly held company regarding the establishment and implementation of an equity incentive plan for foreign employees, compliance with local laws, and maximization of tax results.
Assisted client with respect to the benefits and executive compensation issues arising from an initial public offering (including the adoption of new benefit programs, such as an employee stock purchase plan, and compliance with applicable tax requirements and stock exchange rules).
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