
HR professionals, in-house counsel, and tax advisors rely on Spencer for his guidance and judgment on day-to-day benefits and compensation questions and for his ability to find creative solutions to complex tax and ERISA issues.
Profile
Spencer's practice covers all aspects of employee benefits and executive compensation law, including the development and maintenance of qualified and nonqualified plans; plan compliance with the Code, ERISA, and Affordable Care Act; the treatment of employee benefits plans in connection with corporate mergers and acquisitions; and executive employment agreements and compensation arrangements, including Code section 409A. Spencer enjoys working with in-house counsel, tax and payroll personnel, and human resources professionals to attend to day-to-day administrative challenges and respond to new challenges. Spencer also actively engages in the federal rulemaking process, offering key comments to proposed regulations including under Section 162(m) and Section 7508A.
Practice Areas
Education
University of Michigan Law School, 2010, J.D., cum laude
Haverford College, 2005, B.A.
Bar & Court Admissions
District of Columbia
Pennsylvania
Honors & Awards
Best Lawyers in America 2024 - present
Super Lawyers 2024
Experience
Representative Matters
- Lead benefits and executive compensation attorney for merger and acquisition activity including stock and asset purchases and sales, as well as corporate spin-offs.
- Design and draft employment retention agreements and bonus plan including non-compete agreements to retain talent in connection with client’s acquisition of technology start-up.
- Redesign equity award plan and redraft award agreements to ensure compliance with Code section 409A and securities laws, and to incorporate best practices.
- Manage implementation of pension de-risking initiatives and savings plan re-designs, including drafting plan documents and formal plan amendments, disclosures, and participant communications.
- Manage DOL audit of health plan’s compliance with the Affordable Care Act.
- Investigate compliance concern with retirement plan distributions, develop strategy for correction, and obtain IRS approval of proposal through EPCRS.
- Correct operational and documentation errors under EPCRS, DFVCP, VFCP, and 409A corrections guidance.
-
Advise clients on general HIPAA compliance issues, specifically including updates to comply with the HI-TECH amendments to HIPAA, as well as mitigation and notification obligations in connection with data security breaches.
News & Events
News
Publications
Speeches & Presentations
- "SECURE 2.0 Act Overview and Ramifications," Multiple Clients – 2023
- "Retirement Plan Hot Topics," In-House Benefit Counsel Network National Forum, October 2022. Panelist
- “Your HSA Questions Answered," PlanSponsor webinar, October 2022. Panelist
- "SECURE Act Overview," Multiple Clients. Early 2020
- "Transactional and Planning Considerations Under New Section 162(m)," Tax Executives Institute Annual Conference, October 2019
- "Legislative & Regulatory Update Regarding Section 4960," Tax Executive Institute, Washington DC Conference – – May 2019
- "Hot Topics in Executive Compensation and Fringe Benefits," Mid-Sized Retirement and Healthcare Plan Management Conference, May 2018
- "Health Plans: Update for Employers and Employees," Federal Bar Association Section of Taxation Annual Conference, March 2018
- "Compensation & Benefits Tax Reform: Changes Regarding Fringe Benefits and Retirement Plans," DC Bar Tax Cuts & Jobs Act Conference. January 2019
- "Top Ten Compliance Risks – Employee Compensation and Benefits," Tax Executives Institute's Region III Conference, June 2017
- "Surviving a DOL Audit," Mid-Sized Retirement and Healthcare Plan Management Conference, April 2017
- "Hot Topics in Executive Compensation and Employment Tax,"Tax Executives Institute, Richmond Chapter, May 2016
- "Health & Welfare Plans: What You Need to Know in 2016," Speaker for The Knowledge Group: Live Webcast October 22, 2015
- "Targeted Issues in Executive Compensation," Tax Executives Institute, 2015 Federal Tax Course Level II, August 2015
- "Affordable Care Act-Critical Issues for Tax Departments," Tax Executives Institute, Cincinnati-Columbus Chapter (with Jonathan Zimmerman), February 2015