Introduction - Compensation Planning Bio
Jim represents public as well as private companies and management groups regarding executive employment and benefit plans including qualified and non-qualified retirement plans; compensation programs; stock options; phantom stock plans; health, life and disability programs; fringe benefits; employment agreements; severance arrangements and buy-sell agreements. Jim also designs, reviews and prepares plan documents and contracts needed for these programs, including incentive and non-qualified stock option plans, 401(k), 403(b), 457, pension and profit sharing plans, employment and buy-sell agreements.
Jim also represents clients in connection with Internal Revenue Service and Department of Labor audits and ruling requests, ERISA disputes, severance negotiations, and health plan claims.
Education
- University of Iowa, College of Law, J.D., 1982, with high distinction
- Iowa State University, B.A., 1979, with high distinction
Bar Admissions
- Minnesota, 1982
- U.S. District Court for the District of Minnesota, 1982
Practice Areas
- Health Law
- Health Care Fraud & Compliance
- Nonprofit Corporations
- Compensation Planning & Employee Benefits
Representative Experience
- Represented senior management in negotiating new employment, benefit and severance packages in connection with the sale of the company
- Designed and drafted 401(k) plan and ESOP for large service business
- Advised manufacturer of its options concerning pension and 401(k) plans in connection with a sale of its business and then implemented the final decision
- Advised employer responding to IRS and Department of Labor audits and inquiries
- Developed and drafted documents to revamp benefit program for large nonprofit health care organization
- Prepared documents to establish self-insured health plan and trust
- Advised professional group on best benefit plan design to meet their needs and prepared all necessary plan documents
- Obtained IRS ruling allowing employer in an integrated health system to keep its own retirement plan
- Helped participant decide how to take a retirement plan distribution in light of the tax laws
- Developed a nonqualified retirement plan allowing employees to defer amounts pre-tax toward their retirement
- Implemented cafeteria plans for large and small employers
- Developed stock option plans and stock purchase plans for publicly held companies
- Developed employment agreement with severance and special incentive bonus arrangement to recruit and retain key executive
- Advised publicly held company on their options concerning employee benefits and stock option programs in light of a pending acquisition
- Advised health care provider on best ways to handle compensation, employment agreements, noncompetes, pension and employee benefits
Selected Publications & Presentations
- “FMV Valuations in Health Care Transactions and How They Can Be Used Against You,” Health Law Webinar, November 14, 2012
- “Relationships in the Health Care Industry,” Health Law Webinar In-House Counsel Series: Anticipate Issues and Solve Problems for Your Organization, November 9, 2011
- “Antitrust and Health Care Consolidation,” Health Law Webinar Series, March 9, 2011
- Speaker,
- “Health Campuses,” Health Law Webinar Series, July 14, 2010
- Speaker, Health Care Reform Webinar: What Employers Need to Know, June 2, 2010
- Speaker, American Health Lawyers Association, “Co-Management Agreements: Legal, Structural and FMU Implications,” May 11, 2010
- “Clinical co-management agreements. How physicians can be compensated for improving hospital efficiency,” Health Law Webinar Series, November 11, 2009
- Speaker, American Health Lawyers Association, “Co-Management Agreements: Legal, Structural and FMU Implications,” September 30, 2009
- “Recent Trends and Legal Issues in Clinic-Hospital Affiliations and Mergers,” Health Law Webinar Series, July 8, 2009
- “IRS Issues: Proposed Relief for
Professional Activities
- Associate Member,
- Associate Member, Minnesota Medical Group Management Association
- Board Member, Angel Foundation
- Board Member, Juvenile Diabetes Research Foundation,
- Member, American Health Lawyers Association
- Member, Council of Attorneys, American Medical Group Association
- Member, Health Law, Employee Benefits and Tax Sections of MSBA
- Past Adjunct Professor of Economics and Business,
- Past Board Member and Finance Committee Member, Memorial Blood Centers
- Past Chair, Health Law Section, Governing Council, Minnesota State Bar Association