McDermott Will & Schulte, a global law firm

In today’s global, fast-paced marketplace, employers face challenges on every front. McDermott Will & Schulte’s benefits practice operates worldwide, with the geographic coverage and deep resources necessary to serve clients at every level: internationally, nationally, regionally and locally. We have deep industry experience, as well, and represent employers in virtually every sector, including manufacturing, financial services, health care, education and construction.A key differentiator from other firms is that we have traditionally invested heavily in the employee benefits practice area, unlike other firms where this practice exists as a secondary support function. For us, employee benefits is a prominent practice that attracts clients directly to the Firm.

Several of our practice group lawyers have been recognized by various professional organizations as national leaders in this practice area. In fact, we are the only firm to have received top rankings in all major ranking directories, including Chambers USA, Legal 500 USA, U.S. News – Best Lawyers and Law360. We regularly advocate for clients before the US Department of Treasury, Internal Revenue Service and the US Department of Labor on employee benefits matters.We help clients maximize the value of and return on their investments in human capital while avoiding exposure to liability. We deliver strategic and day-to-day counsel on matters such as executive compensation, health/welfare plan compliance (including Affordable Care Act compliance and reporting), plan vendor contracting, qualified retirement plans, fringe benefits, privacy and data protection, reductions in force, executive employment and severance, cultural diversity, retirement programs, employment contracts and agreements, trade secret protections, development of employee manuals, wage-hour compliance, substance abuse programs and drug testing, as well as general employee-relations matters. Our employee benefits and executive compensation lawyers help clients ensure full compliance with relevant laws, including the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and state and local laws. In Europe, we have extensive experience advising on European labor law, European works councils, the German Act against Unfair Dismissal and the German Shop Constitution Act. Our UK, French and German offices also coordinate pan-European employment and labor assignments. Together, we deliver effective solutions to issues that arise out of global, regional and local corporate mergers, acquisitions and restructurings.Our litigators conduct a full range of labor and employment litigation, arbitration and mediation before US federal and state trial and appellate courts and administrative agencies, as well before European and Asian equivalents. We represent employers in collective bargaining negotiations, grievance arbitration, maintaining a union-free environment, and election and unfair labor practice proceedings before the National Labor Relations Board.

Government influences, and often dictates, commerce. The rules, policies and regulations put into law often have a tremendous impact on how a company conducts business. Opportunities for commercial enterprise are plentiful, but so are the chances for running afoul of governmental policies, which can result in significant penalties and business disruption. At the firm, our lawyers possess demonstrated success turning liability risks into business-minded solutions for clients.

We are strategists, equally skilled at solving legal challenges and at spotting business opportunities. Our legal offering is comprehensive: we advise clients on the regulatory landscape at the local and federal levels, and counsel organizations whose reach transcends borders. We routinely provide guidance on regulatory and compliance matters relating to commerce and trade, customs, competition, environmental, workplace safety, employment, and stay abreast of trends including privacy and data protection.

Our regulatory team possesses a nuanced understanding of the impact regulation has on clients’ businesses and industries. Many of our lawyers served in senior-level positions with governmental regulatory agencies. As a result, we can leverage our knowledge and experience to anticipate developing trends and pending rule changes, giving our clients focused, clear counsel that is distinctly different from the competition. We also have excellent relationships with the regulatory agencies and their current leadership in the United States, Europe and China, allowing us to swiftly address government inquiries and to proactively represent clients’ interests.

We focus on the impact of regulations at a market level, particularly in highly regulated industries such as health, life sciences, energy, aerospace and defense, agribusiness, food and alcohol. From assisting with the FDA process in securing market approval of a new medical device to working with the TTB on labeling for an alcoholic beverage, or whether representing a client in a WTO tariff dispute or assisting an energy company with securing tax credits for a renewable energy project, we have the skill and knowledge to achieve favorable results.

Securities litigation remains an ongoing threat to businesses and financial institutions. Our SEC Enforcement group is composed of lawyers - including former senior members of the US Securities and Exchange Commission (SEC) Division of Enforcement - who possess substantial experience covering the full spectrum of securities enforcement activity. Our lawyers are knowledgeable about the SEC as an agency, including its rules, practices and customs, and maintain excellent relations with staff of the Enforcement Division and Office of General Counsel.

Clients rely on us to provide legal defense against securities litigation. We have secured favorable results stemming from investigations and enforcement proceedings, on behalf of public companies, their audit committees, officers, directors and senior management, as well as financial services firms, broker deals, investment advisors, hedge funds and accounting firms.

Our capabilities cover all aspects of SEC and other regulatory investigations, as well as parallel proceedings, private class actions and derivative litigation. We have been successful in deterring the SEC at various stages of enforcement investigations and frequently persuade the SEC either not to take any action against our clients or to reduce the nature and scope of the charges, including the elimination of fraud-based charges.

We have demonstrated success - civil and criminal - bringing trials to verdict in federal district courts and handling administrative proceedings at the federal and state level, and we possess substantial appellate experience in the appeal of administrative decisions to the SEC and to the US circuit courts.

As a testament to the mutual respect between our practice and the commission, we have successfully petitioned the SEC to appear as amicus curiae in favor of a client's position in private securities litigation. The SEC also has called upon members of our group to act as receivers in the SEC civil enforcement proceedings. This cumulative experience differentiates us from the competition, ultimately providing clients with the best legal representation to achieve a favorable outcome.

Tax considerations shape how your business structures transactions, financings, and international investments. Our lawyers advise you on global tax compliance and design tax strategies that support growth, help mitigate financial exposure, and strengthen your business operations across jurisdictions.

Our tax lawyers represent financial institutions, investors, and businesses – including more than half of the Fortune 100. Working across the US, Europe, and other major markets, we align tax strategy with your global business strategy while helping you anticipate regulatory and controversy risk.

Tax strategy is most effective when integrated early into decision-making. Our tax lawyers advise you on federal, state, local, and international tax laws that affect your transactions, investments, financings, restructurings, and cross-border operations. We also help you evaluate the tax implications of evolving business models, supply chains, and operating structures as your business expands internationally.

Our tax law practice includes advising on transfer pricing planning, advance pricing agreements, and cross-border tax controversies. We handle sophisticated transfer pricing disputes worldwide and engage with taxing authorities and organizations involved in international tax policy and enforcement – including the Organisation for Economic Co-operation and Development (OECD), the Internal Revenue Service (IRS), and tax authorities throughout Europe and globally.

Tax disputes can affect enterprise value. Our team includes former IRS administrators, Department of Justice (DOJ) Tax Division lawyers, Tax Court clerks, and legislative advisors who understand how tax policy is developed, interpreted, and enforced. This experience strengthens our ability to advocate before taxing authorities and guide you through examinations, administrative appeals, and litigation before trial courts, appellate courts, and the US Supreme Court.

Dealmakers need deal lawyers. Everything we do—from thinking creatively to acting with agility—is designed to help you secure the best possible outcome in every transaction.

Our first priority is to manage and assess your risks and opportunities, all while looking for the most efficient way to get the deal done. That begins with developing a strong thesis for the transaction, outlining exactly how you’ll benefit. We align our strategy and advice with your objectives to guide you through each step of the private equity lifecycle. When we spot a complex issue, we tackle it and move on, so your deal won’t get caught in the weeds. With our business-focused team working to anticipate the unknown and deliver actionable solutions, we help you stay ahead of the curve from fund formation to exit.

Deals are complex and require mastery of multiple disciplines. That’s why cross-practice collaboration is an integral part of our unique model. You have direct access to all of our experienced lawyers in any area you need. Our integrated team includes lawyers focused on a wide variety of practices, including:

Learn more about our Private Equity Practice.