Profile

Anthony Eppert's legal practice focuses on executive compensation and employee benefit arrangements (including their related tax, accounting, securities and corporate governance issues) in the United States, Canada and China. Before entering private practice, he served as a judicial clerk to the Hon. Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit.

Author of Compensation Committee Corner (Comp Corner), a legal blog that provides important news, information and commentary to board members serving on compensation committees of publicly-held companies. Comp Corner serves as a resource to directors by keeping them informed on both current and future compensation issues.

Representative Experience

Corporate Representation: Advises private and publicly-traded clients and their boards of directors on compensation and benefits matters, including: (i) designing, drafting and administering retirement plans (e.g. 401(k), 403(b) and defined benefit plans) and health and welfare plans (including self-funded arrangements); (ii) drafting CD&As; (iii) addressing issues under applicable federal and state securities laws; (iv) addressing listing requirements under NYSE, NASDAQ and TSX exchanges; (v) advising on institutional shareholder expectations and requirements, (vi) advising pre-IPO companies on their compensation arrangements; (vii) drafting and maintaining equity and synthetic equity plans; (viii) advising on various tax issues relating to equity and performing 162(m) analyses; (ix) negotiating and preparing documents for the hiring and firing of key employees; and (x) drafting employment agreements under U.S. and/or PRC laws.

Transactions: Advises clients on compensation and benefit issues associated with corporate transactions, including the tailoring of transaction documents, merging employee benefit plans, drafting option cancellation/assumption agreements and inducement plans, negotiating non-compete and non-solicitation clauses, addressing incentive and retention issues, and performing Section 280G analyses.

Section 409A: Helps clients comply with all aspects of Section 409A and its application to traditional non-qualified deferred compensation arrangements, equity plans, employment and severance arrangements, bonus arrangements and reimbursement arrangements. 

ESOPs: Advises companies and shareholders on the sale of stock to an employee stock ownership plan, the structure and implementation of the underlying corporate transaction, and associated fiduciary duties and repurchase liabilities.

Executive Representation: Represents numerous executives in complex negotiations of their hiring or termination of employment.
 
Governmental Entities, Schools and University Representation: Advises governmental entities, schools and universities on a variety of employee benefits issues, including administration of their employee benefits arrangements and respective fiduciary obligations.