Highly experienced in employee benefits and executive compensation, Serena Yee regularly counsels clients on matters relating to the design, drafting and administration of welfare benefits plans, bonus and equity compensation plans, executive compensation arrangements, qualified retirement plans, consumer driven health care arrangements, wellness programs and cafeteria plans.
Ms. Yee advises clients on the reporting and disclosure requirements under ERISA, including drafting and reviewing plan documents, plan amendments, summary plan descriptions and required notices. In the case of health plans, Ms. Yee also provides guidance on complying with PPACA (health care reform) as well as GINA, ADA, mental health parity and other nondiscrimination issues and COBRA administration.
Complementing her experience in ERISA, PPACA and COBRA, Ms. Yee is well-versed on HIPAA privacy issues. Ms. Yee assists clients with the negotiation of business associate contracts, the creation of policies and procedures in compliance with HIPAA’s final omnibus rule, handling privacy breaches and responding inquiries from the Office of Civil Rights of the U.S. Department of Health and Human Services. Ms. Yee is a member of the firm’s Data Privacy and Security Team.
In negotiating and drafting employment, bonus, severance and change in control arrangements for executives, Ms. Yee works with clients in navigating issues under Code Sections 162(m), 280G and 409A.
With respect to qualified retirement plans, Ms. Yee guides clients through the process of correcting operational failures and filing applications under the IRS Employee Plans Compliance Resolution System (EPCRS) and the Department of Labor’s Voluntary Fiduciary Correction Program (VFCP). Ms. Yee also represents clients in connection with Department of Labor audits of employee benefit plans.
Ms. Yee frequently serves as benefits counsel on corporate transactions, performing benefits due diligence, drafting and negotiating representations and covenants and advising on benefits and employee integration.
Prior to joining the firm, Ms. Yee served as the Director of External Affairs for Washington University School of Law.
Areas of Concentration: Welfare and fringe benefit plans, executive compensation, equity incentive arrangements, nonqualified deferred compensation, consumer driven health plans and cafeteria plans.