Alan is a Partner in our Compensation, Benefits & Employment Department. He is one of our primary transactional lawyers for compensation and benefits matters, and also regularly advises our private equity and investment adviser clients on ERISA's Plan Asset Regulations. In addition, Alan counsels employers on incentive compensation design, as well as executives and management teams on their employment and equity arrangements, often in change of control situations. Alan also advises clients on issues relating to restrictive covenants, including non-competes and non-solicits.
Alan counsels our clients on the interconnected tax, corporate governance, securities, and ERISA aspects of executive compensation. As part of his transactional practice, Alan represents clients on compensation and benefits arrangments in a wide variety of corporate transactions, and on the application of ERISA's Plan Asset Regulations with respect to the structure, operation and administration of private investment funds. Alan also has considerable experience in designing and implementing short- and long-term incentive compensation plans and non-qualified deferred compensation arrangements under Internal Revenue Code Section 409A for businesses. Alan has also represented executives at all levels and management teams in many industries in connection with their employment agreements, separation agreements, and restrictive covenant agreements. Alan has deep experience in addressing change of control situations, having represented hundreds of individuals and companies during his career.
Alan joined Morrison Cohen in 2005. Prior to joining Morrison Cohen, he practiced at Debevoise & Plimpton LLP, where he began his compensation and benefits career.
Lexis Practice Advisor Employee Benefits & Executive Compensation Contributing Author
Alan has spoken on a variety of compensation and benefits topics, and has been quoted on compensation matters in the business and national media.
Compensation & Benefits Experience
- Advise private equity sponsors and their portfolio companies on the employment arrangements and agreements for their respective senior managers, including with respect to separations therefrom.
- Design and implement numerous equity incentive compensation programs for portfolio companies of our private equity sponsor clients, including stock option, stock appreciation right, restricted stock, restricted stock purchase, restricted stock unit, performance share, and performance share unit programs.
- Advised multiple private equity sponsors in their fund formation activities, including with respect to ERISA's Plan Asset Regulations compliance, and carried interest programs.
- Structured profits interests programs to incentivize senior managers for a diverse set of clients, including an animal health and nutrition business, a private investment bank, and a leading hair salon company.
- Advised health care-focused hedge fund in its carry and bonus programs, including its offshore deferral arrangements.
- Advised several companies, including a check-cashing business and a fitness equipment manufacturer, in adjusting their incentive/non-qualified stock options in connection with their respective dividend recapitalizations.
ERISA Investment Advisory Services
- Represents two of the leading private investment managers in their fiduciary capacities with respect to ERISA “plan assets” in order to ensure compliance with ERISA’s Plan Asset Regulations.
- Advise numerous private equity sponsors in their fund formation activities and ERISA compliance.
Executive Representation Experience
- Negotiated on behalf of many private equity and hedge fund professionals in connection with their employment and carry arrangements at new sponsors.
- Represented hundreds of senior executives in various industries, including the pharmaceutical and biotechnology industries, in change of control situations.
- Counseled private equity professional in connection with the professional’s promotion to senior partner, including with respect to management company arrangements.
- Advised a former Presidential Executive Fellow, former Counselor to the Secretary of Transportation and former Acting Executive Director of the Build America Bureau at U.S. Department of Transportation in his 2017 employment and equity arrangements at a prominent privately-owned real estate firm.
- Represented management team of a leading manufacturer of designer women’s clothing in their employment and equity arrangements with an affiliate of a private equity firm that invests in lower middle market companies, who was acquiring the manufacturer.
- Negotiated on behalf of the incoming Co-head of a multibillion dollar global-focused private equity fund, that is sponsored by a global alternative asset manager with more than $185 billion of assets under management.
- Counseled the incoming Co-CEO of a leading global private investment firm with more than $75 billion of assets under management.
- Represented senior investment banking team in their move to a premier investment bank, which is part of one of the top 15 largest banks in the world and the fifth largest in North America.
- Advised current President of the world's leader in business news in connection with the renegotiation of his employment arrangements.
- Negotiated on behalf of the incoming Chief Executive Officer of the leading provider of health information services, serving consumers, physicians, other health care professionals, employees, and health plans, in his employment and equity arrangements.
- Counseled on behalf of the incoming Chief Executive Officer and, separately, the incoming Head of Research & Development and Chief Scientific Officer in their employment and equity arrangements with the global leader in generic drugs, which is also one of the top 15 pharmaceutical companies in the world.
Represented the incoming Chairman of the Board of Directors in his compensation and equity arrangements with a leading pharmaceutical company, which focuses on the growing worldwide problem of antibiotic resistance.
M&A Advisory Services Experience
- Counseled consumer-focused private equity sponsor in its roll-up of veterinarian medical practices.
- Advised major private-equity sponsor in its “merger of equals” between its portfolio company and another leading provider of hosted information technology solutions.
- Represented a leading media and internet company in multiple acquisitions and dispositions, including an on-line dictionary service and a leading on-line publisher.
- Counseled multiple portfolio companies of major private equity sponsors in their various add-on aquisitions.
- Represented a global private equity sponsor in its sale of a leading animal health and nutrition company to a leading captive private equity sponsor.
- Advised consumer-focused private equity sponsor in its acquisition of a revolutionary make-up manufacturer.
- Represented middle-market private equity sponsor in its acquisition of a leading global manufacturer of key intermediate chemicals for high-value industrial and consumer applications.
- Advised a global private equity sponsor in its acquisition of a fast-growing provider of laboratory supplies and equipment to the scientific and research community.
- Counseled one of the nation’s most respected full-service independent insurance brokers in its sale to an innovative national retail insurance brokerage and employee benefits consulting firm.
- Represented consumer-focused private equity sponsor in its sale of a leading professional and prestige hair care brand dedicated to curly hair to a publicly traded, leading global alternative asset manager.
- Advised one of the nation’s largest and fastest growing fitness brands in its acquisition of a leading franchise sales and brand development firm.
- Counseled the family office of senior private equity professional in its acquisition of a leading designer and manufacturer of custom, precision and OEM sheet metal enclosures, electrical cabinets and metal fabricated assemblies.
- Represented one of the nation’s largest and fastest growing fitness brands in its acquisition of the largest premium indoor fitness franchisor in the United States.
- Represented a nationally recognized consulting and placement firm in its acquisition of a New York-based executive search firm.
- Advised consumer-focused private equity sponsor in its sale of a leading manufacturer and marketer of highly differentiated, premium and better for you flat breads and flat bread products to a wholly owned subsidiary of a manufacturer and marketer of specialty food products for the retail and food service markets.
- Represented multinational steel, energy, infrastructure and services business in the sale of its large business process outsourcing company to a leading global outsourcing company.
- Counseled private equity arm of major financial institution in its preferred stock investment in a high quality, free to play, mobile, social gaming company.
News & Publications
- A. Levine (Co-author), INSIGHT: Distressed Companies Should Prepare for Employee Rights Realities, Bloomberg Law, May 22, 2019
- A. Levine, CLIENT ALERT: IRS Proposes New Hardship Distribution Rules for 401(k) and 403(b) Plans, November 30, 2018
- A. Levine, CLIENT ALERT: IRS Employee Plans Correction Program Requires Electronic Filing Starting in 2019, October 1, 2018
- A. Levine, CLIENT ALERT: Massachusetts Imposes New Restrictions on Non-Competes, August 27, 2018.
- A. Levine, CLIENT ALERT: Amended Claims Procedures for Employee Benefit Plans Providing for Disability Benefits Are Now in Effect, April 2, 2018.
- A. Levine, Section 409A and Severance Arrangements, Lexis Practice Advisor Employee Benefits & Executive Compensation.
- A. Levine, Section 409A Change of Control Payment Events, Lexis Practice Advisor Employee Benefits & Executive Compensation.
- A. Levine, CLIENT ALERT: Tax Cuts and Jobs Act – Compensation and Employee Benefits Overview, December 28, 2017.
A. Levine, CLIENT ALERT: IRS Proposes to (Helpfully) Clarify Deferred Compensation Rules – Reduces Risk of Inadvertent Penalties under Section 409A. September 21, 2016.
- A. Levine, CLIENT ALERT: IRS Issues Final Regulations Simplifying the Tax Return Filing Process for Individuals Making Section 83(b) Elections, August 2, 2016.
- A. Levine, CLIENT ALERT: Private Equity Fund Acquisitions of Portfolio Companies with Pension Liabilities – the Sun Capital Decision, April 27, 2016.
- A. Levine, CLIENT ALERT: Bank of England Proposes New Rules on Banker Compensation Buy-Outs, January 14, 2016.
- A. Levine, CLIENT ALERT: Second Circuit Identifies Three-Part Test to Determine Whether Severance Plans Are Subject to ERISA, October 21, 2015.
- A. Levine, CLIENT ALERT: SEC Approves New Rule on CEO Pay Ratio, August 5, 2015.
- A. Levine, CLIENT ALERT: Treasury Department Issues Proposed Regulations on Management Fee Waiver Arrangements, July 23, 2015.
- A. Levine, CLIENT ALERT: IRS Proposes to Simplify Tax Return Filing Process for Individuals Making Section 83(b) Elections, July 21, 2015.
- A. Levine, MoCo Partner: What's Next for Taxation of Severance Payments, March 27, 2014. March
- A. Levine, A Dozen Negotiating Mistakes Everyone Makes and How to Avoid Them, The Fordyce Letter, April 2013.
- A. Levine, Pitfalls in Change of Control Agreements, Executive Counsel, August/September 2010.
- A. Levine, Executive Pay Limits Under the New Economic Bailout Laws, Executive Counsel, May/June 2009, with Tali Newman.
- A. Levine, Chapter: International Phantom Stock, Equity-Based Compensation for Multinational Corporations, The National Center for Employee Ownership, 10th ed. (2008), with Brian Snarr.
- A. Levine, Incubator Pay: A Director's Guide, Director's Monthly, November 2000, with Bruce D. Haims.
- A. Levine, Hard Cap or Soft Cap: The Optimal Player Mobility Restrictions for the Professional Sports Leagues, 6 Fordham Intell. Prop. Media & Ent. L.J. 243 (1995).