Employee Benefits and Executive Compensation

Since the passage of the Employee Retirement Income Security Act (“ERISA”), employers have faced many complexities and much scrutiny concerning executive compensation arrangements and their employee benefit plans. Holifield & Associates PLLC, is comprised of multiple attorneys with years of experience effectively representing entities, maintaining executive compensation arrangements and keeping employee benefit plans in legal compliance with all laws. We are often asked to draft summary plan descriptions and plan documents along with other services for our clients. Our firm represents both local and national clients and represents plans with minimal assets to assets in the hundreds of millions of dollars.

Holifield & Associates PLLC, represents a variety of individuals, public and private, as well as closely-held businesses concerning retirement plans, health plans, self-insured and insured benefits, non-qualified deferred compensation plans, cafeteria plans, severance plans, COBRA, HIPAA and other employee benefit matters. We assist clients with drafting and administrating retirement and welfare benefit plans and also assist with plan reporting, disclosure, fiduciary issues, notice requirements, compliance audits and DOL and IRS investigations and audits.

Employee Benefit Litigation

Over the last decade, employee benefits plans have become more important to participants and the plan sponsors. As a result, numerous lawsuits claiming violations of ERISA and various state laws are being filed. Holifield & Associates PLLC, represents both private and governmental entities regarding employee benefit litigation. Our litigation team has defended individual claims for benefits, fiduciary claims and state law writs of certiorari and represents clients regarding all employee benefit litigation matters, including subrogation claims, ERISA § 510 claims, retiree health, executive compensation and severance claims. We also represent clients regarding Department of Labor and Internal Revenue Service audits and litigation concerning employee benefit plans. The attorneys of Holifield & Associates PLLC,have successfully represented clients before the United States Supreme Court (Yates v. Hendon, 541 U.S. 1 (2004), the Fourth and Sixth Circuit Courts of Appeal, and the U.S. District Courts for the Eastern and Middle Districts of Tennessee, as well as the Western District of Virginia. We have represented clients at every court level within the State of Tennessee and handled litigation matters in Alabama, Florida, Kentucky, and South Carolina. HAPLLC fully utilizes all methods of resolving cases including all alternative dispute resolution methods.

Employment and Employment Litigation

HAPLLC represents clients regarding employment litigation including Title VII claims, sexual harassment and wrongful termination claims, breachs of employment contracts and non-competes. Our firm works successfully with many corporate clients in defending such claims both in state and federal courts. HAPLLC has experience in all facets of employment litigation including representation of claims filed with the Equal Employment Opportunity Commission and the Tennessee Human Rights Commission.

Given the complexities of the employer/employee relationship, our firm also advises, drafts and reviews employee handbooks and polices to make sure our clients are legally compliant and follow “best practices.”

Estate Planning, Probate and Elder Law

Holifield & Associates PLLC, represents clients with small and large taxable estates and helps to meet their goals for passing assets to their heirs with minimal tax consequences. Planning for retirement involves trusts, powers of attorney, living wills and other documents. Holifield & Associates PLLC, helps clients deal with issues with conserving assets for retirement, long-term care and Tenn-Care reimbursement problems. Our firm seeks to achieve the client’s goals within the framework of clear, concise legal documents and planning for the future. We also handle all probate matters in an efficient manner to minimize cost and time for the client.

Corporate and Real Estate Law

HAPLLC represents clients regarding entity formation, buy-sale agreements and other business transactions. The determination of whether to form a corporation, S-corporation, limited liability company or partnership is an important decision.  Our firm assists clients in such decisions as well as review, draft and advise clients regarding their contractual arrangements. We have represented clients regarding the formation and participation in franchise arrangements as well as many other business activities.