Executive Compensation

409A. Top Hat. Stock Option. 457. SERP. and More.

Executives and employers have many options with which to design a compensation package, options that are increasingly regulated. Burr & Forman's executive compensation attorneys guide executives and employers through this maze, to implement an appropriate compensation package that meets the needs of the executive and employer, in compliance with applicable law and regulations.

Our clients are:

  • Executives
  • Employers
  • Private and public companies
  • For profit and tax-exempt
  • Governmental entities


Our services include:

  • Compliance review of existing compensation arrangements
  • Correcting non-409A compliant non-qualified deferred compensation
  • Drafting non-qualified deferred compensation arrangements
  • ERISA "top hat" compliance


The philosophy of our Executive Compensation practice is simple:

  • We know our clients' needs
  • We know the law
  • We know how to apply the law to our clients' needs
  • We know how to temper the law's application based upon particular circumstances
  • We know how to provide prompt, high quality, services at a reasonable and fair price

Our Attorneys

Tully Hazell
Partner ~ Atlanta, Georgia|
(404) 685-4317
(404) 817-3244
Tully
Debra Mackey
Counsel ~ Birmingham, Alabama|
(205) 458-5484
(205) 244-5751
Debra
James McCarten
Partner ~ Atlanta, Georgia|Nashville, Tennessee|
GA: (404) 532-7236
TN: (615) 724-3236
(615) 724-3336
James
George Taylor, III
Partner ~ Birmingham, Alabama|
(205) 458-5254
(205) 244-5711
George

Experience Matters

Brief sentence defining representative matters.

  • Acquisition

    Handled the stock merger of insurance company in which ProAssurance issued shares of its common stock to shareholders of Physicians Insurance Company (PIC) of Wisconsin pursuant to SEC registration statement. Prepared and negotiated acquisition agreement, regulatory approval of Wisconsin Insurance Department, SEC registration of stock issued in merger, tax advice, HSR anti-trust filing.
  • Cash Sponsored Demutualization

    Represented ProAssurance Corporation (NYSE: PRA) as securities and corporate counsel in its acquisition of Podiatry Insurance Company of America (PICA) in a cash sponsored demutualization. In this transaction, PICA, an Illinois domiciled mutual insurance company, was converted from a mutual insurer, and its 10,000+ policyholders received cash funded by ProAssurance. Under the terms of the negotiated Stock Purchase Agreement, ProAssurance purchased all of PICA's newly issued stock for a cash price of $135 million. Pursuant to the Stock Purchase Agreement, PICA filed a Plan of Conversion with the Illinois Director of Insurance for approval in accordance with the conversion statute in the Illinois Insurance Code. The Plan of Conversion was approved by the Illinois Department of Insurance in January 2009, approved by the PICA stockholders on March 31, 2009, and closed on April 1, 2009. Representation included preparation and negotiation of the acquisition agreement, regulatory approval of Illinois Insurance Department, tax advice, and HSR anti-trust filing.
  • Executive Compensation Arrangements

    Assisted international company in developing Executive Compensation Arrangement for U.S. Executives.
  • Acquisition

    Handled cash sponsored demutualization of Medmarc Mutual in which Medmarc was converted from a mutual insurer with its member policy holders receiving cash funded by ProAssurance through purchase of all of Medmarc's newly issued shares. Prepared and negotiated acquisition agreement, regulatory approval of Vermont Insurance Dept, tax advice, HSR anti-trust filing.
  • ERISA

    Representation of Plan Administrator in an ERISA case wherein the plaintiff sought long-term disability benefits pursuant to an employee welfare benefit plan. Obtained defense verdict for Plan Administrator.