• Fletcher Granite Company, LLC
  • Chapter 11 liquidation of largest U.S. supplier of granite curb
  • Groom Energy Solutions, LLC
  • Merger with an affiliate of DK Energy U.S., LLC, a subsidiary of The EDF Group of France
  • Frazer Capital & Co.
  • Sale of Back Bay portfolio

Employee Benefits


Posternak maintains an active practice in employee benefits law, made up of partners and associates with experience in a wide variety of matters. We advise clients on the tax, ERISA, securities, accounting, and business implications of all types of employee benefits, including qualified retirement plans, non-qualified deferred compensation plans, stock option plans, and fringe benefit plans.

Our attorneys prepare and receive IRS approval of individually designed profit sharing plans, 401(k) plans, money purchase pension plans, defined benefit plans, and employee stock ownership plans for publicly traded companies as well as for small, closely-held companies and professional corporations. We also structure the buyout of shareholders through the use of profit sharing plans and employee stock ownership plans.

We have set up compensation packages for key employees, which may include non-qualified deferred compensation arrangements, such as salary continuation agreements, stock appreciation rights, phantom stock plans, Rabbi trusts, incentive stock option plans, non-qualified stock option plans, and employee stock purchase plans.

Our attorneys are also experienced with a variety of fringe benefit plans, including group life, health and disability plans, cafeteria plans, dependent care plans, and medical expense reimbursement plans.

Representative Matters

  • Setting up a leveraged ESOP to buy out the interest of a large shareholder in a closely-held advertising agency. The group also set up a phantom stock plan for a related shareholder/employee who could not participate in the ESOP, in order to allow her to participate in the appreciation in employer stock.
  • Drafting a buy-sell agreement between two stockholders of a small corporation using each stockholder’s profit-sharing plan account to buy insurance on the other’s life.
  • Setting up individually-designed 401(k) plans, stock option plans, and employee stock purchase plans for publicly-traded companies.
  • Establishing a cafeteria plan and a dependent care assistance plan for a medium-sized engineering company.
  • Helping a non-profit organization set up a self-funded health insurance plan.

Related Services Areas


Lawrence Athan, Jr.

Partner617.973.6222 fax


The Trump Administration and Compensation: How the New Administration Seeks to Change the Rules

National Association of Stock Plan Professionals, Michael Andresino, June 14, 2017

Debate Over Executive Pay Frequently Overlooks Lucrative Public Payouts

The Boston Business Journal, Lawrence Athan, Jr., June 14, 2013

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