Lawrence J. Finnell is of counsel in the Executive Compensation and Employee Benefits practice of Paul Hastings and is based in the firm’s New York office. Larry advises public and private companies on a broad range of employee benefits matters, including retirement plans (including ESOPs), health and welfare plans, executive compensation and equity-based plans. In addition, he counsels clients on a wide range of benefit plan issues in connection with corporate transactions and has experience with collectively bargained and multiemployer benefit plans.

Larry has over 20 years of experience in all aspects of employee benefits law, working with public and private companies, government entities and tax-exempt organizations on a full spectrum of employee benefits matters, including:

• Assists in the design, implementation, operation and administration of tax-qualified defined benefit and defined contribution retirement plans, non-qualified deferred compensation plans and equity/incentive compensation vehicles.
• Counsels clients concerning the operation and administration of their health and welfare benefit plans, including compliance with federal and state laws such as the Affordable Care Act (ACA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Mental Health Parity and Addiction Equity Act (MHPAEA), and the Health Insurance Portability and Accountability Act (HIPAA).
• Assists with operation of cafeteria plans, health savings accounts (HSAs), health reimbursement arrangements (HRAs), flexible spending arrangements (FSAs), retiree medical plans and health funding arrangements, including VEBAs.
• Represents clients before DOL and IRS, seeking and obtaining a variety of advisory opinions, including prohibited transaction exemptions, IRS determination letter submissions, and correction of operational and fiduciary errors under IRS EPCRS and DOL VFCP programs.
• Counsels with benefits aspects of mergers and acquisitions, including plan mergers, freezes, spinoffs, terminations, MEWA issues and potential liabilities associated with assumption of benefit plans.
• Advises clients regarding interpretation and compliance with DOL cybersecurity guidance for retirement and health and welfare benefit plans, including negotiation of data use provisions of service provider agreements and related cybersecurity addendums.
• Addresses withdrawal liability concerns, including interpretation of collective bargaining agreements, responses to fund questionnaires, payroll audits, controlled group liability, spousal attribution, building and construction exception, and transactional issues.
• Negotiates service provider agreements, trustee and recordkeeper contracts, annuity and insurance policies, investment management agreements and other vendor contracts on behalf of retirement and health and welfare plans, including with insurance companies, health care providers, investment managers, trust companies and consultants.
• Counsels clients in connection with structuring deferred compensation agreements, employment agreements, incentive packages, key employee and split-dollar life insurance plans, and severance arrangements in a manner that aligns with business goals and complies with applicable law, including Code Sections 409A.
• Assists ESOP clients with plan formation and implementation, including preparation and design of plan documents and trust agreements, amendments and related resolutions, drafting of summary plan descriptions, employee notices and other communications, IRS determination letter submissions, conducting RFPs for independent trustees.

Prior to joining Paul Hastings, Larry was a partner at a national law firm.

• Villanova University Charles Widger School of Law, LL.M, Taxation, 2012; Certificate, Employee Benefits, 2013
• Suffolk University Law School, J.D., 2004
• The College of New Jersey, B.S., 2001