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Mark Weisberg

Partner

Chicago
312 580 2340 direct
312 782 3660 fax

Mark represents large employers in the design, establishment, and administration of retirement benefit, welfare benefit, and deferred and equity-based compensation plans.

Mark has particular experience negotiating executive employment and equity compensation agreements, as well as advising clients on innovative new benefit programs. In this area, Mark has assisted with the design and implementation of non-traditional defined benefit plans (including cash balance plans) and retiree health programs. His practice also focuses on the employee benefit aspects of corporate and employee stock ownership plan (ESOP) transactions. Finally, Mark advises clients on the application of IRS § 409A to such matters as employment agreements, separation agreements, restricted stock units, phantom stock awards and change of control programs and agreements.

Mark has been named one of the leading employee benefits and executive compensation lawyers in Illinois by Chambers USA: America's Leading Business Lawyers. He was also honored in the peer rankings-based 2006-2016 editions of The Best Lawyers in America® and has been included with Illinois Super Lawyers since 2007.

Thompson Coburn Publications

IRS issues new rules for 'closed' defined benefit plans

Get the basics on two federal bills affecting employee benefits

Staffing agency workers and ACA offers of coverage

New rules on the block: SEC targets executive compensation

Nonqualified deferred compensation plan update

Two key legislative developments impact wellness plans, non-qualified deferred compensation plans

Department of Labor issues final regulations on annual funding notices

2014 pension plan regulatory highlights

The battle over 4062(e) 'facility closure' liability

Final regulations on qualified longevity annuity contracts

GAO report shines spotlight on key issues for managed accounts in 401(k) plans

Proposed Bankruptcy Fairness and Employee Benefits Protection Act of 2014 would place significant restrictions on employers in bankruptcy

IRS guidance on the application of the Affordable Care Act’s market reform provisions to HRAs and FSAs

PBGC publishes final regulations on the phase-in period for guarantee of benefits for an unpredictable contingent event

Full disclosure: A practical guide for the HR professional when preparing the retirement plan portions of a proxy statement

Health care reform reporting requirements: Final rules

IRS updates determination letter request forms

Private sector pension de-risking and participant protections

SEC proposed rules on CEO pay ratios: What employee benefits professionals need to know

IRS provides some guidance on federal tax matters for same-sex marriage

Publications

"IRS issues new rules for 'closed' defined benefit plans";
Employee Benefit Plan Review, July 2016

"End of Year Proposed Legislation";
Employee Benefit Plan Review, February 2016

"Staffing Agency Workers and ACA Offers of Coverage";
Employee Benefit Plan Review, November 2015

"Nonqualified Deferred Compensation Plan Update";
Employee Benefit Plan Review, October 2015

"New Rules on the Block: SEC Targets Executive Compensation";
Employee Benefit Plan Review, September 2015

"Newly Proposed ERISA Fiduciary Duty Rules: A Necessary Revolution or a Trap for the Unwary?";
Employee Benefit Plan Review, August 2015

"EEOC Issues Proposed Wellness Program Regulations Under ADA";
Employee Benefit Plan Review, July 2015

"Agencies issue proposed regulation on summary of benefits and coverage and uniform glossary";
Employee Benefit Plan Review, June 2015

"Two key legislative developments impact wellness plans, non-qualified deferred compensation plans";
Employee Benefit Plan Review, May 2015

"Department of Labor issues final regulations on annual funding notices";
Employee Benefit Plan Review, April 2015

"2014 pension plan regulatory highlights";
Employee Benefit Plan Review, February 2015

"The Battle over 4062(e) 'Facility Closure' Liability";
Employee Benefit Plan Review, January 2015

"Excepted Benefits: Final regulations provide guidance on dental, vision and employee assistance plans";
Employee Benefit Plan Review, December 2014

"Final Regulations on Qualified Longevity Annuity Contracts";
Employee Benefit Plan Review, November 2014

"GAO Report Shines Spotlight on Key Issues for Managed Accounts in 401(k) Plans";
Employee Benefit Plan Review, October 2014

"Proposed Bankruptcy Fairness and Employee Benefits Protection Act of 2014 would place significant restrictions on employers in bankruptcy";
Employee Benefit Plan Review, September 2014

"IRS Guidance on the Application of the Affordable Care Act’s Market Reform Provisions to HRAs and FSAs";
Employee Benefit Plan Review, August 2014

"PBGC Publishes Final Regulations on the Phase-In Period for Guarantee of Benefits for an Unpredictable Contingent Event";
Employee Benefit Plan Review, July 2014

"How the President’s Budget and Congressional Tax Reform Proposals May Change the Executive Compensation and Employee Benefits Landscape";
Employee Benefit Plan Review, June 2014

"Full disclosure: A practical guide for the HR professional when preparing the retirement plan portions of a proxy statement";
Employee Benefit Plan Review, May 2014

"Health Care Reform Reporting Requirements: Final Rules";
Employee Benefit Plan Review, May 2014

"IRS Updates Determination Letter Request Forms";
Employee Benefit Plan Review, April 2014

"Key Qualified Plan Regulatory Guidance Issued in December 2013";
Employee Benefit Plan Review, March 2014

"IRS updates determination letter request forms";
Employee Benefit Plan Review, June 2014

"SEC proposed rules on CEO pay ratios: What employee benefits professionals need to know";
Employee Benefit Plan Review, December 2013

"Private sector pension de-risking and participant protections";
Employee Benefit Plan Review, February 2014

"IRS Provides Some Guidance on Federal Tax Matters for Same-Sex Marriage";
Employee Benefit Plan Review, November 2013

"DOL Advisory Opinion on Revenue Sharing Payments as Plan Assets";
Employee Benefit Plan Review, October 2013

"Government Agencies Issue Proposed Rules on 90-Day Waiting Period under the ACA";
Employee Benefit Plan Review, June 2013

"Government Agencies Issue New Set of FAQs on the Implementation of ACA: Cost-Sharing Limitations and Coverage of Preventive Services";
Employee Benefit Plan Review, May 2013

"Medical Loss Ratio Rebates: DOL Issues Guidelines on Employer Responsibilities";
Employee Benefit Plan Review, January 2013

"Recent PPACA Guidance on Identifying Full-Time Employees and Waiting Periods";
Employee Benefit Plan Review, December 2012

"New and Higher Taxes Coming in 2013: The Ramifications for Employee Benefit Plans";
Employee Benefit Plan Review, November 2012

"The DOL's Disclosure Regime - What's Next?";
Employee Benefit Plan Review, October 2012

"How to Tell a Designated Investment Alternative from a Brokerage Window and Other Highlights from DOL Field Assistance Bulletin No. 2012-02R";
Employee Benefit Plan Review, September 2012

"New PBGC Enforcement Strategy for Section 4062(E) Facility Shutdown Liability";
Employee Benefit Plan Review, August 2012

"Troublesome Ruling for Plan Sponsors and Administrators";
Employee Benefit Plan Review, July 2012

"Covered Service Provider Disclosure Requirements Under Section 408(b)(2) of ERISA";
Employee Benefit Plan Review, June 2012

"Excise Tax Gross-Ups: Origins of the Problem and Recommendations for a Solution";
Compensation Planning Journal, August 7, 2009

"2009: A Turning Point in Change-in-Control";
Compensation Planning Journal, July 3, 2009

"Complete Guide to Retirement Plans for Small Businesses";
Civic Research Institute, 2008

"Complying With the New SEC Executive Compensation Rules";
CCH Pension Plan Guide, Benefits Practice Portfolio, November 2006

"Are Cash Balance Plans Really Unlawful?";
Benefits Law Journal, Winter 2003

"The Extent to Which Retirement-Type Subsidies Are (or Should Be) Protected";
Benefits Law Journal, Summer 2003

"New Headaches for Employee Stock Purchase Plans and Incentive Stock Options?";
Benefits Law Journal, Summer 2002

"Equity Compensation Strategies After the New Accounting Rules";
Venture Economics Technology Supplement, May 1, 2001

"The Employee Benefits and Stock Option Issues Involved in 'Spinning-Off' e-Commerce Operations";
Benefits Law Journal, Spring 2001

"Start While You're Ahead: Be Current With Your ERISA Fiduciary Compliance";
Outside Counsel, March 1, 2001

"Underwater Options";
i-Street, January 1, 2001

"The Increasing Responsibility to Make Meaningful Disclosure to Participants";
Benefits Law Journal, March 1, 2000

Presentations

"Executive Benefits: Choices and Concerns from the Practical to the Prudent"
CCA Audio/Webcast November 2015

"Tax Consequences for Executives and Management Terms in Corporate Transactions"
American Bar Association January 2015

"IRS Correction Programs - EPCRS, SCP, VCP and Audit Cap"
Conference of Consulting Actuaries January 2015

"Nonqualified Deferred Compensation Plans: Issues and Challenges"
Conference of Consulting Actuaries October 2013

"A Practical Guide to Dealing with PBGC 'Downsizing' Liability"
Conference of Consulting Actuaries 2012 Annual Meeting October 2012

"Non-discrimination Testing - Advanced Topics"
Enrolled Actuaries Meeting March 2012

"Executive Compensation Issues"
Conference of Consulting Actuaries 2011 Annual Meeting October 2011

"Managing and Monitoring the Optimal Investment Menu"
Defined Contribution/401(k) Conference February 2004

"Legal and Accounting - The Costs and Effects of Stock Plans"
Citigroup Stock Plan Services 4th Annual Client Advisory Board Meeting April 2003

"Regulatory and Compliance Concerns for 401(k) and 403(b) Plans"
Pensions & Investments East Coast Conference February 2002

"New Frontiers: The Emergence of Section 529 College Savings Plans"
Stable Value Investment Association of Illinois Annual Meeting October 2001

"The Patients Bill of Rights Acts"
Self Insurance Association of Illinois Annual Meeting October 2001

"Plan Conversions and M&A Challenges"
Pensions & Investments East Coast Conference March 2001

"New Developments in Executive Compensation"
Worldwide Employee Benefits Network Monthly Meeting November 2000