Back to People
Marc Nawyn

Marc D. Nawyn Counsel

Save current page as PDF
New York T +1 212 548 7003 F fax +1 212 715 2303
vCard

Marc Nawyn focuses on advising public and private companies at all stages of development on executive compensation and employee benefits matters.

Marc’s employee benefits practice is broad; he regularly advises public and private companies across a wide range of industries, counseling them on traditional executive compensation and employee benefits issues both in the ordinary course of business and in mergers and acquisitions, public and private offerings, spin-offs, and other business transactions.

Marc has experience in the creation and maintenance of all manner of incentive compensation plans, including equity compensation plans, profits interest plans, transaction bonus plans, annual and long-term cash bonus plans, supplemental executive retirement plans, and other non-qualified deferred compensation plans, with an emphasis on compliance with Code Section 409A and correcting related deficiencies for clients. He also regularly advises clients on designing, adopting, administering, and terminating qualified pension plans, 401(k) and 403(b) retirement plans, employee stock purchase plans (ESPPs) and employee stock ownership plans (ESOPs), as well as correcting plan document and operational errors under EPCRS.

Marc also has experience working closely with nonprofit and tax-exempt organizations on obtaining and maintaining tax-exempt status under Code section 501(c)(3).

“I enjoy helping clients create and maintain competitive compensation and employee benefit programs to successfully attract, retain and motivate a talented workforce and efficiently achieve their business goals.”

Experience

  • Advised international agricultural corporation on compensation and benefits issues in $2 billion acquisition by competitor.
  • Advised public biotechnology company on compensation and benefits issue in tender offer and merger with private-sector acquirer.
  • Assisted public manufacturing company in defeating shareholder proposals restricting executive compensation practices.
  • Assisted tax-exempt organization in successfully challenging six-figure penalty under the Affordable Care Act.
  • Represented both employers and executives in negotiating employment agreements and other compensation arrangements.
  • Advised public company boards of directors on executive and equity compensation compliance and disclosure matters.