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Employee Benefits and ERISA

Overview

Nutter has more than 40 years of experience in employee benefits law, forming a deep base of knowledge and expertise in all employment matters. Our attorneys help design and implement benefit programs efficiently and cost-effectively for a broad spectrum of clients in the operation of tax-qualified, non-qualified retirement, health and welfare plans, fringe benefits, and deferred compensation plans for employees and executives.

Our Practice

Our representation also includes all aspects of continuing compliance with both the federal tax code and ERISA, as well as other applicable federal and state laws affecting compensation and employee benefit arrangements, including the Pension Protection Act, the Affordable Care Act, the Massachusetts Health Mandate, and COBRA.

Representative services provided by members of the practice group responsible for ERISA and employee benefit matters include:

  • Advice regarding maintenance of tax-qualified status of 401(a), 401(k), 403(b), 457 and other individual account plans (including traditional and Roth IRAs), defined contribution plans, and defined benefit pension plans
  • Representation of plan sponsors, administrators, and fiduciaries in audit and other proceedings before government agencies, such as the U.S. Department of Labor, Internal Revenue Service, and the Pension Benefit Guaranty Corporation
  • Counseling plan sponsors and trustees regarding fiduciary rules of conduct and the development of “best practices” for fiduciary decision making
  • Developing and implementing internal audit and self-correction procedures for operational failures, including failures that could adversely affect a plan’s tax qualified status
  • Providing advice regarding the application of the prohibited transaction rules of ERISA and the federal tax code to conduct contemplated or undertaken by fiduciaries and other parties-in-interest
  • Drafting employee communications regarding employee benefits
  • Assisting clients on non-pension matters, including insured and self-insured group health plans, cafeteria/Section 125 plans, flexible spending arrangements, health savings accounts, health reimbursement accounts, long-term care arrangements, and severance plans

View Practice Team

Representative Matters

Representative Matters

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

  • MNB Bancorp

    Nutter is representing MNB Bancorp, the parent company of The Milford National Bank and Trust Company, in its proposed merger with Independent Bank Corp. (NASDAQ Global Select Market: INDB). Independent is the parent company of Rockland Trust Company. The total value of the transaction is approximately $54.2 million.

  • Atlas Devices

    Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital. 

  • OSRAM

    Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

  • Commerce Bancshares Corp.

    Nutter is representing Commerce Bancshares Corp. and its subsidiary, Commerce Bank & Trust Company, in its pending merger with Berkshire Hills Bancorp. Inc. (NYSE: BHLB), in an all-stock transaction valued at $209 million.

  • Wincove Private Holdings LP

    Nutter advised Wincove Private Holdings, LP, an investment holding company with offices in Boston and New York, when it led a recapitalization of Aloi Solutions, LLC.

  • McCarthy Capital

    Nutter represented McCarthy Capital, a private equity investment firm, when it led a recapitalization and growth equity investment in Seven10 Storage Software, LLC to further accelerate growth.

  • North Middlesex Savings Bank

    Nutter represents North Middlesex Savings Bank in its pending merger with Marlborough Savings Bank. The combined bank will have assets of close to $1 billion and $95 million in equity and operate a network of 14 branches. 

  • CIRCOR International, Inc.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil & gas, power generation and aerospace & defense, when CIRCOR announced that it has signed a definitive agreement to acquire Critical Flow Solutions (CFS) for $210 million. 

  • Bank of New Hampshire

    Nutter advised Bank of New Hampshire and its parent BNH Financial, a mutual holding company, in their pending acquisition of Community Guaranty Corporation and its wholly-owned subsidiary Community Guaranty Savings Bank, a New Hampshire guaranty savings bank. After the merger, the combined entity will have approximately $1.4 billion in assets and 23 branch offices through New Hampshire.

  • Adams Community Bank

    Nutter advised Adams Community Bank, a mutual savings bank based in Adams, Massachusetts, in its acquisition of The Lenox National Bank, a national bank located in Lenox, Massachusetts. The transaction was completed on October 16, 2015. Adams paid approximately $14.3 million in cash for all outstanding shares of Lenox common stock. 

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