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

John Coleman, III
Partner ~ Birmingham, Alabama|
(205) 458-5167
(205) 244-5623
John
Tully Hazell
Partner ~ Atlanta, Georgia|
(404) 685-4317
(404) 817-3244
Tully
Michael Lucas
Partner ~ Birmingham, Alabama|
(205) 458-5204
(205) 244-5673
Michael
Debra Mackey
Counsel ~ Birmingham, Alabama|
(205) 458-5484
(205) 244-5751
Debra
James McCarten
Partner ~ Nashville, Tennessee|
(615) 724-3236
(615) 724-3336
James
Jack Stephenson, Jr.
Partner ~ Birmingham, Alabama|
(205) 458-5201
(205) 244-5708
Jack
George Taylor, III
Partner ~ Birmingham, Alabama|
(205) 458-5254
(205) 244-5711
George

Experience Matters

Brief sentence defining representative matters.

  • Acquisition

    Handled cash sponsored conversion of Independent Nevada Doctors Insurance Exchange ("IND"), in which IND will be converted from a reciprocal insurance exchange to a stock insurer with its subscriber policyholders receiving cash funded by ProAssurance through conversion of all of IND's newly issued shares through simultaneous cash merger. Prepared and negotiated acquisition agreement, regulatory approval of Nevada Insurance Department, tax advice. Undisclosed award.
  • 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.
  • 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.
  • 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.
  • Executive Compensation Arrangements

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