Michael Chan

Michael Chan is a partner in the Tax, Employee Benefits and Executive Compensation Practice Groups in the firm's Los Angeles office.

Areas of Practice

Retirement Plans

Michael counsels employers with respect to the design, administration and legal compliance of qualified retirement plans, including defined benefit plans, employee stock ownership plans, tax-sheltered annuities and defined contribution plans. His experience in this area includes: (i) advising plan sponsors (in addition to plan administrators, trustees and other plan fiduciaries) with respect to their fiduciary obligations, including reporting and disclosure requirements, under the Employee Retirement Income Security Act of 1974, as amended (ERISA); (ii) representing plan sponsors seeking amnesty under the Internal Revenue Service's Employee Plans Compliance Resolution System and the Department of Labor's Voluntary Fiduciary Correction Program; and (iii) assisting plan sponsors with various other compliance issues that arise in the day-to-day operations of qualified retirement plans.

Welfare Benefit Plans

Michael also often assists employers with the maintenance and administration of welfare benefit arrangements, such as cafeteria plans (also known as Section 125 plans), medical expense and dependent care reimbursement programs, medical plans for active and retired employees, severance plans and self-funded plans involving voluntary employees' beneficiary associations (also known as VEBAs) established under Internal Revenue Code Section 501(c)(9). Additionally, he counsels employers regarding their obligations under COBRA and HIPAA, as well as the developing regulations under healthcare reform legislation.

Transactional Counseling

A significant portion of Michael's practice involves advising clients with respect to the employee benefits and ERISA-related issues that arise in the context of mergers and acquisition transactions. His experience in this area includes negotiating and drafting provisions for transactional documents to reflect the division of responsibilities for employee benefit-related liabilities and the representations and warranties regarding such liabilities.

Executive Compensation

Michael advises clients with respect to equity and non-equity based incentive compensation, non-qualified deferred compensation, change in control and severance arrangements, including the Internal Revenue Code rules governing the taxation of such arrangements.

Insights

Articles

Corporate & Securities Law Blog Posts

•Critical Employee Benefit Issues in a Pandemic - Can Employees Take Their Money out of Plans?, March 20, 2020
• What Employers Need to Know About Healthcare Reform for 2013, December 31, 2012

Labor & Employment Law Blog Posts

• The CARES Act: What Employers Need to Know About Its Impact on the Families First Coronavirus Response Act, March 30, 2020

Media Mentions

•Dealmakers: Wheel manufacturer wheels into deal with Sheppard Mullin’s counsel
Daily Journal, 06.04.2019
•Opus Equity Partners Calls on Sheppard Mullin for Counsel in Deals
Daily Journal, 05.09.2017
•Opus Equity Partners Calls on Sheppard Mullin for Counsel
Daily Transcript, 05.09.2017
•ZEAVION Holding's $127.5 million acquisition of Gymboree Play & Music
Law360, 07.01.2016
•Monster Beverage Corp.'s $690 million acquisition of American Fruits and Flavors
Law360, 02.26.2016

Events

•Tips for Nonprofits: Adapting To The New Federal Law
10.17.2018

•Spring 2010 - Labor & Employment Law Update
W New York 541 Lexington Avenue (Between 49th and 50th), 05.13.2010