Andrew J. Rudolph is a senior partner in Pepper Hamilton LLP’s Employee Benefits Practice Group. He has more than 30years of experience in a counseling and transactional practice advising public and privately held businesses on employee benefits, executive compensation and related tax and corporate law issues.
Mr. Rudolph’s practice covers the full spectrum of benefits and compensation issues affecting employers in a publicly traded and privately held environment in which rewards are critical to the effectiveness of the strategic business plan. Mr. Rudolph has been advising several clients for more than two decades through several business cycles, and through restructurings, acquisitions and dispositions which have propelled these businesses to national and international prominence.
Mr. Rudolph’s representative engagements include:
- representation of publicly held employers on all employee benefits and executive compensation aspects of acquisitions and dispositions of businesses, including advice regarding under-funded target company pension plans, change-in-control benefits, executive employment and severance agreements, qualified plan mergers, redesign of stock option and long- and short-term incentive plans, $1 million cap and related development of SEC and IRS filings
- planning for, and post-transition integration of, all qualified and nonqualified retirement, health and welfare and incentive compensation programs in connection with numerous public company transactions
- design, implementation, operation and termination of employee stock ownership plans (ESOPs) across the ESOP life cycle, including strategic, tax and corporate advice relating to deferral of income tax on gains; operation of ESOP-owned S Corporations; equity incentive arrangements for executives of ESOP-owned businesses; evaluation and solutions for ESOP fiduciary risks; financing of ESOP loans and defense of litigation involving ESOP-owned corporations and service providers
- representation of employers and executives in connection with change-in-control, severance and “golden parachute” agreements
- conversion of traditional defined benefit pension plans to cash balance pension plans and negotiations with IRS, DOL and EEOC relating to cash balance plans including determination letter filings and defense of participant claims
- advice regarding qualified plan and investment governance and procedures to minimize fiduciary risk
- design, documentation, benefit security and securities compliance advice for executive compensation programs, including restricted stock, stock option, phantom stock and deferred compensation arrangements for a wide variety of publicly held issuers
- defense of worker classification litigation and evaluation of benefit plan implications of worker reclassification
- defense of ERISA claims litigation.
Mr. Rudolph is an honors graduate of both the University of Pennsylvania and the University of Pennsylvania Law School. He is highly rated in Chambers USA: America’s Leading Lawyers for Business and was selected for inclusion on the 2014 Pennsylvania Super Lawyers list. He is listed in The Best Lawyers in America and was named the Philadelphia Best Lawyers Employee Benefits (ERISA) Law Lawyer of the Year for 2013. Mr. Rudolph was elected a Fellow of the American College of Employee Benefits Counsel in 2007.