Professionals

Daniel N. Janich is an Officer in the Employee Benefits Practice Group and a member of the ERISA Litigation Team.

Mr. Janich counsels public and private corporations, executives and other business professionals on employee benefit plan design and administration, executive compensation arrangements, employee issues involving mergers and acquisitions, and business succession strategies. He is an experienced litigator of employee benefits and executive compensation claims, and serves regularly as special employee benefits counsel to other law firms and corporate law departments in transactional and litigation matters.

He is a Fellow of the American College of Employee Benefits Counsel, past Chair of the Employee Benefits Committee of the Chicago Bar Association, current Management Co-Chair of the Reporting and Disclosure Subcommittee and member of the Program Committee of the Employee Benefits Committee, Labor and Employment Law Section of the American Bar Association. Mr. Janich also serves as Senior Editor of Employee Benefits Law, a widely recognized legal treatise on the subject published by BNA Books, and is a member of the Board of Directors of the National Center for Employee Ownership (NCEO).

Mr. Janich has published numerous articles in the field of employee benefits and executive compensation in professional and bar journals, including The Journal of Employee Ownership Law and Finance, Workspan, Family Advocate, Solo and Profit Sharing. He is the author of a chapter on contingent workers and employee benefits in a treatise published by BNA Books entitled ERISA Litigation (1st, 2nd, 3rd Edition), contributor to the chapter on reporting and disclosure in the treatise Employee Benefits Law, and author or co-author of chapters on various equity compensation topics in textbooks published by the National Center for Employee Ownership and used by the Certified Equity Professionals (CEP) Institute entitled Beyond Stock Options, Selected Issues in Stock Options, Selected Issues in Equity Compensation, Equity Compensation for Closely Held Corporations, The Decision-Makers Guide to Equity Compensation and Equity Compensation for Limited Liability Companies.

Mr. Janich is a frequent speaker on employee benefits and executive compensation topics. His speaking engagements include presentations at the annual conferences of the Employee Benefits Committee of the ABA Labor and Employment Law Section, the National Center for Employee Ownership and the National Association of Stock Plan Professionals.

Awards/Recognitions/Achievements

• Induction as Fellow of the American College of Employee Benefits Counsel (2006)
• Selected as an “Illinois Super Lawyer” in Employee Benefits and Executive Compensation (2007-2010)
• Designated by LexisNexis Martindale-Hubbell as A-V Peer Review Rated (2006-)
  
  

Publications

• Employers Beware: How Do You Protect Against The Significant Legal Risks Posed By The Use Of Contingent Workers? Employee Benefits & Executive Compensation Update: Winter 2009.
• Employers Must Act Immediately To Comply With New COBRA Subsidy and Disclosure Rules, EMPLOYEE BENEFITS CLIENT ALERT: MARCH 2009.
• Q&A on 409A: Compliance Deadline for Deferred Compensation Plans and Agreements, EMPLOYEE BENEFITS CLIENT ALERT: OCTOBER 2008. 
• Equity Interests in Limited Liability Corporations, 20 THE JOURNAL OF EMPLOYEE OWNERSHIP LAW AND FINANCE 19 (Winter 2008); expanded and reprinted in EQUITY COMPENSATION FOR LIMITED LIABILITY COMPANIES (LLCS) (NCEO, 1st ed. 2009).
• A Tiered Approach to Equity Design with Multiple Equity Compensation Vehicles, 16 THE JOURNAL OF EMPLOYEE OWNERSHIP LAW AND FINANCE 29 (Winter 2004); reprinted in BEYOND STOCK OPTIONS (NCEO, 2nd ed. 2004); updated in BEYOND STOCK OPTIONS (NCEO, 4th ed. 2006); reprinted in BEYOND STOCK OPTIONS (NCEO, 5th ed. 2007).
• IRS Focuses on Your Part-Time Staff, EMPLOYEE BENEFITS CLIENT ALERT: MARCH 2006.
• Securities Law Considerations in DECISION-MAKER’S GUIDE TO EQUITY COMPENSATION (NCEO, 1st ed. 2007).
• Retirement Plan Compliance with the New Automatic Rollover Rules: What Are the Alternatives? EMPLOYEE BENEFITS CLIENT ALERT: APRIL/MAY 2005.
• Contingent Workers & Employee Benefits in ERISA LITIGATION, Jayne E. Zanglein and Susan J. Stabile, eds. (BNA Books, 1st ed. 2003); 2004 Supplement; (BNA Books, 2nd ed. 2005); 2006 Supplement; 2007 Cumulative Supplement; (BNA Books, 3rd ed. 2008); 2009 Supplement.
• If Not Options, Then What? Equity Compensation in Today’s Economy, WORKSPAN, pp. 26-32, September 2003.
• When Remarriage Muddies the Waters: QDROs & Surviving Spouse Protection, 24 A.B.A. SEC. PUB. FAMILY ADVOCATE 39 (Fall 2001); reprinted in 19 A.B.A. SEC. PUB. GP SOLO 16 (March 2002).
• Underwater Stock Options and Repricing Strategy: Is Your Company Drowning in Confusion? 13 THE JOURNAL OF EMPLOYEE OWNERSHIP LAW AND FINANCE 17 (Fall 2001); reprinted in STOCK OPTIONS: BEYOND THE BASICS (NCEO, 2nd ed. 2003), and SELECTED ISSUES IN STOCK OPTIONS (NCEO, 1st ed. 2004); updated in 18 THE JOURNAL OF EMPLOYEE OWNERSHIP LAW AND FINANCE 53 (Winter 2006); reprinted in SELECTED ISSUES IN EQUITY COMPENSATION (NCEO, 3rd ed. 2006); updated in SELECTED ISSUES IN EQUITY COMPENSATION (NCEO, 6th ed. 2009).
• 2004-2005 Cumulative Supplements for Reporting and Disclosure, Substantive Regulation of Health Plans, and Civil Practice and Procedure, in EMPLOYEE BENEFITS LAW, Jane Kheel Stanley, ed. (BNA Books, 1st ed. 2000). 
• Recent Changes to the Minimum Distribution Rules for Tax-Qualified Retirement Plans, PROFIT SHARING, July/August 1998. 
• Some Health FSAs Are Exempt From HIPAA’s Requirements, But Not All, PLAN HORIZONS, Spring 1998.
• When Is An Activity “Substantially Related” to a Health Care Institution’s Tax-Exempt Purpose? (Pts. 1 & 2), 20 JOURNAL OF HEALTH AND HOSPITAL LAW 145 (September 1987), 20 JOURNAL OF HEALTH AND HOSPITAL LAW 193 (November 1987).
  
  

Seminars

• “Ethical Issues in ERISA Practice,” Chicago Bar Association, Employee Benefits Committee, Chicago, Illinois, May 21, 2010.
• “Ethical Concerns in Employee Benefits,” American Bar Association Annual Institute “ERISA Basics,” Chicago, Illinois, May 19, 2010.
• “Equity Interests in Limited Liability Companies,” NCEO/Beyster Institute Employee Ownership Conference, Minneapolis, MN, April 20, 2010
• "Current Hot Procedural Issues in ERISA -- Conkright v. Frommert," Employee Benefits Committee of the American Bar Association, Labor and Employment Section, San Antonio, Texas, February 4, 2010.
• “What Kind of Equity Plans are Exempt, and What Are Not?” National Center for Employee Ownership Webinar, November 12, 2009.
• “Reimbursement and Subrogation,” American Bar Association Annual National Institute “ERISA Basics,” Chicago, Illinois, June 12, 2009.
• “Stock Appreciation Rights, Phantom Stock & Warrants,” NCEO/Beyster Institute Employee Ownership Conference, Portland, Oregon, April 23, 2009.
• “409A Update,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, Charleston, South Carolina, February 20, 2009.
• “Plan Litigation and Latest Trends in Equity Compensation,” NCEO/Beyster Institute Joint Annual Conference, Chicago, Illinois, April 3, 2008.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, New Orleans, Louisiana, February 29, 2008
• “ERISA Plan Fee Disclosures: Legislative Proposals, DOL Regulatory Developments and Litigation,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, New Orleans, Louisiana, February 29, 2008.
• “Negotiating & Structuring Stock Compensation,” NCEO/Beyster Institute Joint Annual Conference, San Diego, California, March 22, 2007.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, Rancho Mirage, California, February 8, 2007.
• “Equity Compensation Litigation & Enforcement Trends,” NCEO/Beyster Institute Employee Ownership Conference, Minneapolis/St. Paul, Minnesota, April 27, 2006.
• “Types of Equity Compensation,” NCEO Webinar on “Equity Compensation for Closely Held Companies,” April 5, 2006.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, Key Biscayne, Florida, January 26, 2006.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, San Francisco, California, February 10, 2005.
• “Reporting and Disclosure” American Bar Association 18th Annual National Institute “ERISA Basics,” Chicago, Illinois, May 20, 2004.
• “The Latest and Greatest Topics on 401(k) Plans,” IRS/ASPA Great Lakes Area Employee Benefits Annual Conference, Chicago, Illinois, April 29, 2004.
• “Equity Compensation Plans in a Time of Change: Basic Issues & Emerging Trends,” NCEO/Beyster Institute Joint Annual Conference, New Visions in Employee Ownership, Chicago, Illinois, April 28, 2004.
• “Cafeteria Plans” Lorman Education Services, Rosemont, Illinois, April 6, 2004.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, New Orleans, Louisiana, February 5, 2004.
• “401(k) Overview” and “Recent Legislative, Administrative, and Caselaw Developments,” Lorman Education Services “Nuts & Bolts of 401(k) Plans in Illinois,” Rosemont, Illinois, July 11, 2003.
• “Reporting and Disclosure” American Bar Association 17th Annual National Institute “ERISA Basics,” Chicago, Illinois, June 5, 2003.
• “Introduction to Cafeteria Plans” and “Administrative Issues” Lorman Education Services “Section 125 Cafeteria Plans,” Rosemont, Illinois, April 29, 2003.
• “If Not Options, Then What? Equity Compensation After the Bust,” NCEO/Beyster Institute Joint Annual Conference, Employee Ownership & Employee Involvement: The Entrepreneurial Edge, San Francisco, California, March 27, 2003.
• “Nonqualified Deferred Compensation Programs for Taxable Entities,” IRS/ASPA Great Lakes Area Employee Benefits Annual Conference, Chicago, Illinois, May 2, 2003.
• “ERISA Reporting & Disclosure Law,” Employee Benefits Committee of the American Bar Association Labor and Employment Section, San Diego, California, February 14, 2003.
• “Recent Developments and Future Trends in Stock Option Litigation: Employment, Stock Plan Administration, Bankruptcy & Divorce,” The National Association of Stock Plan Professionals 10th Annual Conference, Las Vegas, Nevada, October 2, 2002.
• “Stock Option Caselaw Developments,” Chicago Chapter of the National Association of Stock Plan Professionals, Chicago, Illinois, July 2, 2002.
• “401(k) Plan Design Post EGTRRA,” IRS/ASPA Great Lakes Area Employee Benefits Annual Conference, Chicago, Illinois, May 3, 2002.
• “Trends in Stock Option Litigation” and “Underwater Stock Options & Repricing,” NCEO 21st Annual Conference on ESOPs and Broad-Based Stock Option Plans, Chicago, Illinois, April 26, 2002.
• “Stock Option Litigation Issues,” Employee Benefits Committee of the Chicago Bar Association, March, 2002.
• “5500s and ERISA Compliance,” IRS/ASPA Great Lakes Area Employee Benefits Annual Conference, Chicago, Illinois, May 5, 2001.
• “Stock Option Litigation Trends,” American Insurance Group “Employment Law Update,” Chicago, Illinois, May 15, 2000.
• “Recent Developments in Employee Benefits Law,” Chicago Bar Association, Employee Benefits Committee CLE Seminar, Chicago, Illinois, March 6, 2000.
• “Employee Benefits Issues in the IRS Restructuring and Reform Act,” Employee Benefits Committee of the Chicago Bar Association, May, 1998.
• “Divorce Decrees after Fox Valley,” Matrimonial Law Committee of the Chicago Bar Association, May, 1990.
  
  

Cases

• Beach v. Commonwealth Edison Co., 2003 WL 22287353, 31 EB Cases 1437 (N.D. Ill. 2003). Enhanced retirement benefits claim resolved at trial.
• Garratt v. Knowles, 245 F.3d 941, 25 EB Cases 2356 (7th Cir. 2001). Claim for benefits under supplemental executive retirement plan resolved by summary judgment.
• Guzman v. Commonwealth Edison Co., 2000 WL 1898846 (N.D. Ill. 2000). Claim pursuant to post-death entry of QDRO dismissed.
• Integrated Health Services at Brentwood, Inc. v. Commonwealth Edison, 1999 WL 1256255 (N.D. Ill. 1999). ERISA subrogation claim by health service provider dismissed.
• Sofo v. Pan-American Life Ins. Co., 13 F.3d 239, 27 Fed. R. Serv. 3d 1186 (7th Cir. 1994). ERISA claim for medical insurance benefits resolved by summary judgment.
• Fox Valley & Vicinity Const. Workers Pension Fund v. Brown, 897 F.2d 275, 12 EB Cases 1097 (7th Cir. 1990) (en banc). Spousal waiver of ERISA covered retirement benefits enforced.
• Local 705 v. Burlington Northern Santa Fe – MEPPA withdrawal liability claim settled at arbitration.
• Bees v. Commonwealth Edison Co. – Severance plan benefits claim resolved by summary judgment.
• Gentry v. American Stores, Inc. – unfunded deferred compensation claim resolved by summary judgment.
• Smith v. A&M Construction – MEPPA delinquency claim settled.
  
  

Transactions

• Corporate merger involving significant underfunded pension plan liabilities and ERISA compliance failures.
• Corporate spin-off and IPO – design and implementation of new equity incentive programs for employees and directors of spun-off subsidiary; restructuring of benefit plans and programs for spun-off entity.
• Negotiation of asset purchase agreement terms affecting employee benefit plans; due diligence and post-sale consolidation of benefit plans.
• Established retirement and welfare benefit plans for newly established joint venture; amendment of existing plan documents to reflect employee transfers.
• Preparation of executive compensation and retirement plan disclosures of public company, including proxy statements and annual reports.
• Design and implementation of employee retention agreements and success bonus program for management team prior to stock deal. Also developed communication materials for rank-and-file employees relating to pending transaction.
• Termination of qualified retirement plans prior to asset sale of company in bankruptcy.
• Counseled nationally known real estate investment and management firm on fiduciary responsibilities when investing pension funds in various commercial property ventures.
• Implemented a change in retirement plan service provider for client, including negotiation of administrative services agreement, amendment and distribution of plan documentation, and preparation of communication materials to plan participants.
• Counseled self-insured health plan on its HIPAA privacy and security compliance requirements, including policies and procedures, notices and agreements, development of company wide training program for compliance purposes.
• Design and implementation of domestic partner welfare benefit programs and employee communication materials.
• Designed and implemented unfunded tuition plan to provide scholarship assistance to children of employees working at non-profit organization.
• Designed and implemented new executive compensation programs and revised and updated existing ones, including employment agreements and stock compensation arrangements for start-up company preparing for an IPO. Prepared executive and director compensation report for S-1 public offering.
• Established global stock plan for publicly traded European multinational firm. This work included an analysis of applicable tax and securities laws, design, drafting and implementation of plan and related documentation, preparation of communication materials for employee personnel.
• Representation of senior executives in the negotiation and design of their employment packages, including employment agreements and equity incentives; and in the negotiation of their separation packages.
  
  

Community Involvement

• Marian College, Indianapolis. Board of Trustees (2000-2006). Vice-Chair, Employee Benefits Subcommittee (2003-). Institutional Advancement Subcommittee (2000-). President’s Circle Executive Committee (2004-2006). Capital Fundraising Campaign, Teaching & Learning Committee (2006-)
• Catholic Health Partners, Chicago. Associates Board (1995-2000)
  
  

Media

• "Playing by the Rules." Smart Business. (February 2010) 
• Congress considering 6-month extension to COBRA subsidy to continue helping laid-off workers, p. 3,  Illinois Business Journal, December 2009.