R. Randall Tracht

Partner

R. Randall Tracht is a partner in Morgan Lewis's Employee Benefits and Executive Compensation Practice. Mr. Tracht's clients include those in the energy, manufacturing, construction, and healthcare industries. Mr. Tracht's practice encompasses all aspects of employee benefits work, including the design, drafting, and operation of tax-qualified retirement benefit plans, health and welfare plans, and 403(b) plans. He advises clients on compliance with the Internal Revenue Code, ERISA, COBRA, and other federal and state laws affecting employee benefit plans, and represents clients before the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation under the agencies' remedial correction programs and within the context of agency-initiated audits.

Mr. Tracht's practice also includes work with executive compensation arrangements—including the design, drafting, and operation of nonqualified deferred compensation plans and equity compensation plans and the drafting and negotiation of executive employment agreements. He advises clients on compliance with 409A, 162(m), and other requirements affecting executive compensation arrangements.

Mr. Tracht is a leading member of Morgan Lewis's Workforce Change Taskforce and he has experience working with clients to address the employee benefits issues that arise within the context of mergers, acquisitions, restructurings, reductions in force, and other corporate transactions. He has drafted and negotiated transaction document provisions relating to employees and employee benefit plans; drafted employment, severance, retention, change in control, and other agreements and plans; advised clients on 280G "golden parachute" issues; evaluated the impact of a particular transaction on the parties' employee benefit plans and revised existing employee benefit plans or established new plans to facilitate the parties' objectives; and worked with clients to identify and resolve issues impacting collectively bargained employee benefit plans.

Mr. Tracht is admitted to practice in Pennsylvania.