Timothy B. Collins focuses his practice on all aspects of employee benefits and executive compensation.  Mr. Collins' practice runs the full gamut of the tax and ERISA aspects of tax-qualified retirement plans; equity awards, such as stock options, SARs and restricted stock; nonqualified deferred compensation and SERPs under Code Section 409A; executive employment agreements, golden parachutes and other change in control arrangements; severance contracts; performance bonus and incentive plans; excess benefit and top hat plans and the like. Mr. Collins represents both companies and executives in drafting and negotiating employment arrangements. Mr. Collins counsels clients with respect to all matters related to fiduciary compliance, including with respect to investment offerings and investment policy statements under tax-qualified retirement plans. Mr. Collins also counsels clients who are seeking approval under the Internal Revenue Service Employee Plans Compliance Resolution System program and the U.S. Department of Labor Voluntary Fiduciary Correction Program.

Mr. Collins is a 2006 magna cum laude graduate of the University of Notre Dame Law School, where he was a notes editor of the Notre Dame Law Review and a national finalist in the 2005 American Bar Association's client counseling competition, and a 2002 magna cum laude graduate of the University of Notre Dame.

Representative Matters

  • Provide ongoing counsel to the largest telecommunications provider (NYSE-traded) in the U.S. with respect to defined-benefit pension plan administration (single-employer plans and multi-employer plans), including participant communications related to employee benefit plans, and an entire redraft of defined-benefit pension plans and subsequent submission to IRS for favorable determination letter rulings.
  • Represent the largest software-solutions company (NYSE-traded) with respect to all aspects of executive compensation agreements, 401(k) plan compliance and health and welfare plan compliance. Provide support with respect to all areas and issues arising out of hiring and termination of executives, including, but not limited to, the interaction with the individual executive incentive plans. Assisted in the redesign, amendment and restatement of all executive compensation programs and plans. Provide day-to-day assistance with respect to the ongoing qualification of the 401(k) plan. Provide day-to-day assistance with all aspects of the plan, including but not limited to COBRA, plan-document compliance and regulatory compliance.
  • Represent one of the largest U.S. investment banking firms (NYSE-traded) with respect to the bank’s provision of trust and fiduciary services to employee benefit plans and employee benefits-related insurance products.
  • Represented Unilife Corp. (NASDAQ: UNIS / ASX: UNS) in connection with its announced effort to seek strategic alternatives, culminating in a strategic collaboration with Amgen Inc. (NASDAQ: AMGN) for Unilife's wearable injectable drug delivery systems to use with Amgen's biologics and other medicines. The deal provides Unilife with investments of up to $90 million from Amgen and restructures Unilife's existing debt with OrbiMed.
  • Counsel to publicly-traded pharmaceutical company in connection with acquisition by international biopharmaceutical company and associated parachute payment issues under Code Section 280G.
  • Represents large family and ESOP-owned company with respect to day-to-day ESOP plan compliance.
  • Represents large family and ESOP-owned company with respect to termination of ESOP and redemption of company stock from ESOP.
  • Represent an ESOP-owned information-technology and consulting solutions and services company with respect to day-to-day ESOP plan compliance. Provide day-to-day assistance with respect to the ongoing qualification of the ESOP.
  • Represented Clarion Capital Partners and its portfolio company, HR Outsourcing Holdings, Inc., a professional employer organization based in Atlanta, Georgia, in the acquisition of the outstanding capital stock of Fortune Financial, Inc., another professional employer organization based in Tampa, Florida, as well as the related financing transaction.
  • Counsel to a large manufacturing company (NYSE-traded) with respect to all aspects of employee benefits, including multiple defined-benefit pension plans, 401(k) plan, employer stock issues related to 401(k) plan, self-funded health and welfare plans, assisted on the redesign of pension plans including multiple plan freezes and plan mergers, recently amended and restated plans for design changes and IRS submission.
  • Counsel to a large medical device company (NASDAQ-traded) with respect to all aspects of executive compensation and employee benefits, including multiple pension plans, 401(k) plan, employer stock issues related to 401(k) plan, self-funded health and welfare plans, restructuring of executive deferral and supplemental retirement programs and related "rabbi trusts" for compliance with Internal Revenue Code Section 409A, management of QDRO outsourcing, executive employment and severance agreements, stock-option-plan compliance, recently amended and restated plans for design changes and IRS submission.

Admissions

  • Pennsylvania

Education

  • University of Notre Dame Law School, J.D., 2006
    Note Editor and Staff Member, Notre Dame Law Review
  • University of Notre Dame, Bachelor of Arts & Science, magna cum laude, 2002

Experience

  • Duane Morris LLP
    - Associate, 2006-present

Selected Publications

Selected Speaking Engagements

  • Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
  • Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, New York, May 5, 2015
  • Speaker, Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
  • Speaker, Duane Morris' Developments in Workplace Law and Practice 2013, Philadelphia, May 23, 2013