Taylor is leader of the firm’s employee benefits and executive compensation group. His employee benefits practice covers a wide range of traditional executive compensation and employee benefits matters along with a variety of inter-disciplinary practice areas and industries that are affected by executive compensation and employee benefits laws.
Executive Compensation
Taylor regularly works with clients to design, implement and maintain equity compensation plans, long-term incentive plans, bonus programs and non-qualified deferred compensation arrangements for executives, employees and non-employee directors. He also advises and represents executives, boards of directors and compensation committees in the negotiation and drafting of employment, severance, retirement, termination and change in control agreements. Taylor also has extensive experience advising clients on the impact of Code Section 409A on executive compensation arrangements and has assisted clients utilize IRS programs to correct plan deficiencies or operation errors.
In connection with his executive compensation practice, Taylor frequently counsels compensation committees of publicly-traded clients on the Dodd-Frank financial reform laws and regularly assists with the drafting and preparation of proxy statements and other SEC filings related to executive compensation matters.
Tax-Qualified Retirement Plans
Taylor has extensive experience in the creation and maintenance of all manner of tax-qualified retirement plans, such as, defined benefit pension plans, 401(k) plans, profit-sharing plans, employee stock ownership plans (ESOPs), employee stock purchase plans (ESPPs) and money purchase pension plans. He also regularly counsels clients in the submission of tax-qualified retirement plans to IRS for favorable determination letters and assists clients preparing participant communications and government filings, as well as, correcting plan document and operation errors under the Self-Correction Procedure (SCP) and Voluntary Compliance Program (VCP) under the IRS’s EPCRS program.
Health and Welfare Benefits
Taylor frequently works with clients to ensure compliance with HIPAA and HITECH and provides counsel concerning issues relating to PPACA and other healthcare reform laws. In addition, he assists many clients in creating WRAP plan documents and in the design, implementation and operation of employee wellness programs.
Corporate Transactions and Finance
Taylor frequently advises and negotiates executive compensation and employee benefits matters relating to private equity, mergers and acquisitions, and other corporate transactions. Such representations have included stock transactions, asset acquisitions, and stock and asset purchases for clients in the pharmaceutical, financial services and industrial sectors. In addition, Taylor has extensive experience drafting and negotiating employee benefits matters related to corporate finance transactions.
Taylor also advises hedge funds and other pooled investment entities in connection with investments from pension plans and other sources of plan assets and assists fund managers with the application of exceptions from ERISA’s plan asset rules under the 25% test, VCOC and REOC exceptions.
Nonprofit and Tax-Exempt Organizations
Taylor works with a variety of nonprofit and tax-exempt organizations on the design, implementation and administration of specialized employee benefit plans, such as: 403(b) plans, 457(b) and 457(f) deferred compensation plans.
Experience
- Representation of publicly-traded and privately-held companies and family investment offices in the design and implementation of executive incentive compensation arrangements, including short-term bonus plans, long-term equity incentives, change of control severance agreements.
- Assisted beverage distribution, technology-staffing and healthcare marketing companies create new nonqualified deferred compensation plans and utilize IRS programs to correct Code Section 409A deficiencies.
- Representation of a tax-exempt healthcare employer in connection with defined benefit pension, 401(k), 403(b), 457(b) and 457(f) retirement plans.
- Representation of multiple private equity funds in the creation of compensation programs for executives at portfolio companies and employees of the funds.
- Representation of healthcare service provider with respect to HIPAA and HITECH compliance.
- Vanderbilt University Law SchoolJD2005
- Dartmouth CollegeABGovernment and History2002
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Selected for inclusion in The Best Lawyers in America, Employee Benefits (ERISA) Law, Woodward/White, Inc., 2018-2025
Selected for inclusion as a “Leading Lawyer,” Employee Benefits, Executive Compensation and Retirement Plans: Design, Legal 500 US, 2022, 2023, 2024
Selected for inclusion in “Legal 500 United States,” Employee Benefits, Executive Compensation and Retirement Plans: Design, 2022, 2023, 2024; Employee Benefits, Executive Compensation and Retirement Plans: Transactional, 2023, 2024
Selected for inclusion in America’s Leading Lawyers for Business, Employee Benefits & Executive Compensation, North Carolina, Chambers USA, 2020, 2023
Selected for inclusion, Employee Benefits and Executive Compensation, Band 1, North Carolina, Chambers USA, 2021-2022
- Author, (Some) Banking Agencies Repropose Dodd-Frank 956 Incentive Compensation Rules, McGuireWoods Legal Alert, May 9, 2024
- Author, FTC Issues Final Rule Banning Most Non-Compete Agreements, McGuireWoods Legal Alert, April 24, 2024
- Author, New SEC Guidance: Pay-Versus-Performance Disclosures in Upcoming Proxy Statement Filings, McGuireWoods Legal Alert, February 15, 2023
- Author, SEC’s Final Clawback Rule — A Presentation Resource, McGuireWoods Legal Alert, October 27, 2022
- Author, SEC’s Final Pay for Performance Regulations – A Presentation Resource, McGuireWoods Legal Alert, August 30, 2022
- Author, COVID-19 Vaccination Incentives and Surcharges OK’d in Group Health Plan Guidance, McGuireWoods Legal Alert, October 5, 2021
- Author, Private Equity Investing in 401k Plans, McGuireWoods Legal Alert, June 12, 2020
- Author, COVID-19 and Employee Benefits #3: Considerations for Compensation Committees, McGuireWoods Legal Alert, May 4, 2020
- Author, COVID-19 and Employee Benefit Plans, Part 2: CARES Act, McGuireWoods Legal Alert, April 1, 2020
- Author, IRS Issues Proposed Regulations Under Code Section 162(m), McGuireWoods Legal Alert, December 31, 2019
- Author, IRS-Releases-New-Guidance-Section162m-Covered-Employees-Grandfathering-Rules, McGuireWoods Legal Alert, August 27, 2018
- Co-author, "The New Tax Reforms: A Board Briefing," The Corporate Board, March/April 2018
- Author, The New Tax Rules for Executive Compensation and Employee Benefits, McGuireWoods Legal Alert, December 29, 2017
- Author, SEC Issues Pay Ratio Guidance, McGuireWoods Legal Alert, September 27, 2017
- Author, The New Front in Retirement Plan Litigation: Higher Education in the Crosshairs, McGuireWoods Legal Alert, August 16, 2016
- Author, Nonqualified Deferred Compensation: IRS Proposes New Section 457 Regulations and Section 409A Clarifications, McGuireWoods Legal Alert, June 29, 2016
- Author, Dodd-Frank Act Section 956: European-Style Compensation Reforms Coming to a Bank Near You, McGuireWoods Legal Alert, May 17, 2016
- Author, Private Equity Funds Found Responsible for Withdrawal Liability of Bankrupt Portfolio Company, McGuireWoods Legal Alert, April 14, 2016
- Author, SEC Finalizes CEO Pay-Ratio Rule with Delayed Effective Date, McGuireWoods Legal Alert, August 11, 2015
- Author, SEC Proposes Broadened Executive Compensation “Clawback” Rules, McGuireWoods Legal Alert, July 2, 2015
- Author, SEC Proposes “Pay-Versus-Performance” Disclosure Rules, McGuireWoods Legal Alert, May 1, 2015
- Author, IRS Provides Limited Section 162(m) Transition Relief for RSUs and Similar Equity-Based Awards, McGuireWoods Legal Alert, April 10, 2015
- Author, SEC Proposes Rules for Hedging Disclosure, McGuireWoods Legal Alert, February 13, 2015
- Author, Deferred Compensation Alert: Court Holds Employer Responsible under ERISA for FICA Withholding Errors, McGuireWoods Legal Alert, January 22, 2015
- Author, Executive Compensation Continues to be a Hot Button Compliance Issue for Charitable Organizations, McGuireWoods Legal Alert, December 19, 2014
- Co-author, "Sun Capital Decision Threatens Lenders with Controlled Group Liability," The Banking Law Journal, June 2014
- Author, Employers, Investors and Lenders Need to Understand Controlled-Group Liability, McGuireWoods Legal Alert, April 1, 2014
- Author, New Requirements Affect HRAs, FSAs and Employer Payment Plans Beginning in 2014, McGuireWoods Legal Alert, October 16, 2013
- Author, Court Rules that Private Equity Funds May Be Responsible for Portfolio Company’s Pension Liability, McGuireWoods Legal Alert, August 1, 2013
- Author, The Delinquent Filer Voluntary Compliance Program: Now with EFAST2!, McGuireWoods Legal Alert, February 4, 2013
- Author, Summer Reading List: Agreements Containing Release-of-Claims Provisions May Require Section 409A Amendments Before Year-End, McGuireWoods Legal Alert, July 10, 2012
- Author, PBGC Offers Temporary Relief for Premium Nonpayment, McGuireWoods Legal Alert, February 23, 2012
- Author, Favorable IRS Ruling on Tax Deductions for Bonus Pool Arrangements, McGuireWoods Legal Alert, November 23, 2011
- Author, IRS Announces Benefit Plan Cost-of-Living Adjustments for 2012, McGuireWoods Legal Alert, October 28, 2011
- Author, Employee Release Provisions Present Section 409A Trap for the Unwary, McGuireWoods Legal Alert, August 31, 2011
- Author, Another Trap for the Unwary: Assets in Forfeiture Suspense Accounts, McGuireWoods Legal Alert, August 18, 2011
- Author, SEC Delays Some Dodd-Frank Executive Compensation Rules, McGuireWoods Legal Alert, August 2, 2011
- Author, Clarifications Proposed to Million Dollar Compensation Deduction Limit, McGuireWoods Legal Alert, July 6, 2011
- Author, FBAR Deadline Extended for Some 2009 and Earlier Filings, McGuireWoods Legal Alert, June 17, 2011
- Author, McGuireWoods Healthcare Reform Guide: Installment No. 20 – IRS Releases Transition Guidance for Reporting of Healthcare Costs, McGuireWoods Legal Alert, April 8, 2011
- Author, Financial Institutions Face New Regulation of Incentive Compensation, McGuireWoods Legal Alert, March 8, 2011
- Author, Benefit Plans with Foreign Financial Accounts Must File FBAR Reports, McGuireWoods Legal Alert, March 4, 2011
- Author, SEC Finalizes Say-on-Pay Rules, McGuireWoods Legal Alert, January 31, 2011
- Author, IRS Expands Relief for Section 409A Document Corrections, McGuireWoods Legal Alert, December 16, 2010
- Author, Proposed DOL Regulations Expand Definition of ‘Fiduciary’ Related to Investment Advice, McGuireWoods Legal Alert, November 4, 2010
- Author, SEC Proposes Rules for Say-on-Pay, Say-on-Frequency and Say-on-Golden-Parachute Votes, McGuireWoods Legal Alert, October 21, 2010
- Author, McGuireWoods Healthcare Reform Guide: Installment No. 10 – Federal External Review of Benefit Claims and Appeals, McGuireWoods Legal Alert, September 1, 2010
- Author, McGuireWoods Healthcare Reform Guide: Installment No. 9 – Internal Claims/Appeals and External Review Processes, McGuireWoods Legal Alert, July 30, 2010
- Author, The Financial Reform Legislation’s Impact on Executive Compensation, McGuireWoods Legal Alert, July 13, 2010
- Author, EFAST2 – All Electronic Filing for Form 5500, McGuireWoods Legal Alert, June 14, 2010
- Author, New Section 409A Document Correction Program Announced, McGuireWoods Legal Alert, January 8, 2010
- Author, Treasury Corrects Rules on TARP Executive Compensation Restrictions, McGuireWoods Legal Alert, December 17, 2009
- Author, Supreme Court to Clarify ERISA Plan Standards of Review, McGuireWoods Legal Alert, August 17, 2009
- Author, Treasury Announces Long-Awaited Executive Compensation and Corporate Governance Standards for TARP Recipients, McGuireWoods Legal Alert, June 12, 2009
- Author, COBRA Subsidy: More Guidance From the IRS, McGuireWoods Legal Alert, April 3, 2009
- Author, IRS Provides Guidance Regarding COBRA Subsidy Reporting Requirements, McGuireWoods Legal Alert, March 27, 2009
- Author, IRS and Treasury Release Proposed Section 409A Income Inclusion Regulations and Related Guidance, McGuireWoods Legal Alert, December 11, 2008
- Author, Split-Dollar Life Insurance Arrangements Need to be Reviewed for Section 409A Compliance by December 31, 2008, McGuireWoods Legal Alert, December 5, 2008
- Author, IRS Provides New Guidance on the Tax Treatment of Dependents of Divorced / Separated Parents for Certain Employee Benefits, McGuireWoods Legal Alert, September 11, 2008
- Author, IRS Affirms Controversial Section 162(m) Position But Provides Helpful Transition Period, McGuireWoods Legal Alert, February 22, 2008
- New York
- North Carolina
- Faculty, "Controlled Group Liability and Successor Employer Rules: ERISA and IRC Provisions, Limiting Claims, Seller Liability," Strafford Webinar, May 31, 2023
- Speaker, "Excess Benefit Transactions/Senior Leadership Compensation Structures," 19th Annual Nonprofit Seminar, Raleigh, September – October 2022
- Speaker, "Employee Benefits," 18th Annual Nonprofit Seminar, November - December 2021
- Speaker, Tax Reform Impact on Employee Benefits of Tax-Exempt Organizations Webinar, April 2, 2019
- Presenter, Exploring The Parallel Universe of Nonqualified Deferred Compensation Plans, February 1, 2019
- Speaker, "Tax Reform and the Impact on Employee Benefits," Essential Insight on Sweeping Tax Reforms, January 25, 2018
- Speaker, ERISA 403(b) Plan Litigation, Strafford Live CLE Webinars, September 26, 2017
- Speaker, Employee Benefits in the Age of Trump, September 21, 2017
- Speaker, "Advising the Corporate Executive: Planning Opportunities with Stock Options and Other Forms of Incentive Compensation," New Developments in Tax and Wealth Planning Seminar, April 25, 2017
- Speaker, "Employee Benefits and Executive Compensation Matters in Corporate Transitions—ESOPs, Equity Incentives and Other Considerations," The Right Way to Exit: Key Tax and Estate Planning Issues in Selling a Business, North Carolina Bar Association, Estate Planning & Fiduciary Law and Tax Sections, November 17, 2016
- Speaker, "The New Round of 401(k) and 403(b) Plan Litigation," Hot Topics in Employee Benefits, McGuireWoods Webinar, November 10, 2016
- Speaker, "Private equity funds responsible for multiemployer plan withdrawal liability of portfolio company," SEC Compliance and Disclosure Update, McGuireWoods LLP SEC Practice Complimentary Webinar Series, May 24, 2016
- Speaker, "Updating Proxy Disclosures for 2016" and "Proxy Advisory Firm Updates," Hot Topics for the 2016 Proxy/Annual Reporting Season, McGuireWoods LLP SEC Practice Complimentary Webinar Series, November 17, 2015
- Speaker, "Lifetime Income," Plan Sponsor Council of America and McGuireWoods: A Look At Issues Facing Plan Sponsors, March 10, 2015
- Faculty, "Strafford Webinar," ERISA Retirement Plan Successor Liability, Strafford Webinar, July 1, 2014