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John J. Nestico  Counsel
Charlotte  +1.704.331.7529
Fax +1.704.353.3229
john.nestico@klgates.com Add to Outlook Contacts


Areas of Practice Representative Experience Professional Background Professional/Civic Activities Speaking Engagements Bar Admissions Education

Areas of Practice

Mr. Nestico is Counsel in the Charlotte office and his practice includes all aspects of design, compliance and implementation of employee benefits and executive compensation, with a particular emphasis on negotiation and management of employment and benefits issues in mergers and acquisitions. He has had numerous engagements in connection with the acquisition and divestiture of multi-billion dollar global operating companies, and the formation and dissolution of global joint ventures. In addition to M&A transactions, his current practice is focused on advising plan sponsors regarding fiduciary responsibility and negotiating investment management agreements and related documents on their behalf.

Representative Experience
  • Represented a public company in the negotiation of all employment and benefits matters in a spin-off/merger of a cable operating subsidiary, valued at $40 billion.   
  • Represented a public company in the negotiation of all of employee benefits matters in a multi-billion dollar spin-off of a wireless operating subsidiary, including complex issues involving stock option adjustments; helped design and implement long-term incentive compensation, 401(k) and health and welfare plans for the spun-off company.   
  • Negotiated and drafted the employee matters agreement in connection with the $5 billion acquisition by a public company of a global telecommunications network with diverse and complex issues in 87 countries in Europe, Asia and Latin America.   
  • Represented a telecommunications company in connection with the employment and benefits aspects of the creation of a global joint venture with a British company; designed, drafted and helped implement pension, savings, health and welfare and executive incentive compensation plans for the joint venture.   
  • Represented a public company with respect to employment and benefits issues in the sale of its credit card division, valued at $650 million.   
  • Negotiated and drafted the employee matters agreement in connection with the sale by a public company of its record-keeping and customer care business, with more than 13,000 employees.   
  • Represented a public company with respect to employment and benefits issues in the separate sale of its communications satellite division and its undersea cable operating subsidiaries.   
  • Managed successful litigation in Minnesota and Pennsylvania for guaranty association coverage of $200 million in guaranteed investment contracts issued by the failed Executive Life Insurance Company.

Professional Background

Mr. Nestico has 29 years of diverse experience in law firms, as in-house counsel with Fortune 50 multinational corporations and with top ten national consulting firms. He was previously Associate General Counsel - Benefits at New York Life Insurance Company, where he was responsible for legal compliance of all employee and executive benefit plans and benefits-related product offerings.

Prior to law school, John served in the United States Air Force from 1972-1977.

Professional/Civic Activities
  • American Bar Association, Business Law and Labor and Employment Law Sections   
  • Main Line YMCA, Ardmore, PA, Board of Managers, 1992-1994; Assistant Swim Coach, 1991-1994   
  • ASA/Aon Consulting Cycling Team to support the National Multiple Sclerosis Society, Team Captain, 1995-2003

Speaking Engagements
  • Spoke on issues related to retirement plan fees, expenses and revenue at the 37th Annual Retirement Management Seminar sponsored by the University of South Carolina, May 2008
  • "Being or Becoming: The Zen of Outsourcing;" Journal of Compensation and Benefits, co-authored with Scott Macey
  • "The Contingent Workforce," presentation at American Bar Association CLE
  • "Accommodating the Contingent Workforce: Bargaining and Benefits," presentation to ERISA Industry Committee
  • "Successfully Managing Cross-Border Transactions," presentation at National Foreign Trade Council

Bar Admissions
  • Bar of Connecticut
  • Bar of North Carolina
  • Bar of New York
Education
  • J.D., University of Connecticut School of Law (1980) (with honors; The Pocket Part, editor, 1979-1980)
  • B.S., United States Air Force Academy (1972)

PRACTICES & INDUSTRIES
Corporate
Employee Benefits
Employee Stock Ownership Plans
Executive Compensation
Mergers & Acquisitions
Newsstand