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.

  • Mergers & Acquisitions

    Handle the M&A work and SEC reporting for the fourth largest medical malpractice insurer in the U.S.
  • Employee Benefit Plans

    Retained by multiple local, national and international companies (both private and public) to assist in day to day operations, questions, and required filings for all Employee Benefit Plans.
  • Acquisition of Company

    Represented ProAssurance Corporation in its acquisition of Mid-Continent General Agency, Inc., a Houston based surplus lines agency licensed in all states. ProAssurance executed a Stock Purchase Agreement with the parent of the agency providing for the purchase of all of its stock for a purchase price payable in cash and shares of ProAssurance stock. The Stock Purchase Agreement also provided for contingent consideration based on the profits of the acquired company and underwriting profit to be derived by ProAssurance on the sale of its policies through the agency.
  • 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.
  • Internal Revenue Code Compliance, Section 409A

    Retained by publicly traded company to assist in bringing its Non-Qualified Deferred Compensation Plans into compliance with Section 409A of the Internal Revenue Code.