Kirk A. Pelikan

Notable matters include the following:

• Advised major healthcare and dental providers, medical billers, and health plans on all aspects of HIPAA privacy and security breaches, including OCR and state enforcement
• Assisted with the creation of a non-qualified deferred compensation arrangement for an industrial client’s executive group spanning multiple countries. The project was complicated because it involved ensuring compliance with laws in a number of different countries. Kirk’s team was able to complete the project, ensuring the executives received their anticipated benefits
• In coordination with the merger of two financial service clients, Kirk helped to mitigate the tax effect of the merger on the principals based on the application of non-qualified deferred compensation rules that would be triggered as a result of the deal
• Successfully and efficiently worked through an IRS audit of a healthcare client that was related to the termination of a defined benefit pension plan
• Successfully and efficiently worked through an IRS audit of an educational client related to Federal Insurance Contribution Act (FICA) liability associated with the creation of a non-qualified deferred compensation arrangement that triggered unintended tax consequences for the recipients of the benefit
• Frequently guide clients through accommodation and Family and Medical Leave Act (FMLA) obligations associated with an employee’s attempted use of laws as a shield to prevent employment actions. Kirk also has successfully defended such terminations when the former employee sued
• Helped a client successfully and efficiently work through an audit by the Department of Labor (DOL) related to the Affordable Care Act (ACA) and Health Insurance Portability and Accountability Act (HIPAA) compliance of a health plan
• Successfully defended multiple DOL audits regarding FMLA compliance
• Successfully defended multiple DOL audits regarding Fair Labor Standards Act (FLSA) compliance