McClain brings nearly 10 years of experience advising transactional teams on employee benefits, ERISA, and the executive compensation aspects of business transactions.
McClain joins Reed Smith from Baker Hostetler, where he advised private equity firms and their portfolio companies, as well as public and private businesses, on all stages of transactions, including: conducting due diligence of executive compensation arrangements and employee benefit plans; addressing potential benefit plan liabilities; drafting and negotiating provisions that relate to benefits and compensation; and counseling clients on how to transition, integrate, and streamline the benefit structures post-closing and incentivize and retain key employees. He focuses on suggesting and implementing practical solutions that align with the clients’ broader economic and business objectives.
“In over a decade of practice, Dan has been through the full life cycle of numerous corporate transactions, from fund raising to acquisitions to divestitures,” said James Tandler, co-chair of Reed Smith’s Global Corporate Group. “Our transactional work is exploding, and having that additional depth and perspective in benefits advice for our clients involved in transactions will be a major plus for them.”
In addition to his work in the M&A context, McClain counsels clients on the design and implementation of deferred compensation plans, equity plans, incentive awards, and severance plans, and he guides employers through tax and other regulatory issues related to employee benefits and executive compensation (e.g., Internal Revenue Code sections 280G, 162(m), and 409A) and legal and practical implications of those plans. He also has experience advising employers and committees on benefit plan governance and ERISA fiduciary matters.