Donna Edwards
practices as a counsel with the Employee Benefits and Executive Compensation Group in the Atlanta office of King & Spalding. She advises clients on a broad range of employee benefit issues, including qualified and nonqualified retirement plans, executive and stock-based compensation and health and welfare plans.
Representative Experience:
Employee Benefits:
Drafts and amends all types of employee benefit plans. Advises clients regarding compliance with employee benefits laws, rules and regulations, including ERISA, the Internal Revenue Code, COBRA and HIPAA. Advises clients regarding employee benefits administration issues, plan communications, IRS filings, service provider contracts and correction of plan defects.
Executive Compensation:
Designs and drafts executive compensation arrangements, including change in control agreements, employment agreements, deferred compensation plans and equity compensation arrangements. Advises clients regarding compliance with Code Section 409A.
Plan Investments:
Advises clients regarding fiduciary and other issues arising in connection with the investment of ERISA plan assets in private equity funds, hedge funds and other alternative investment funds. Drafts and negotiates investment management agreements, custody agreements, trust agreements and ISDAs.
Mergers and Acquisitions:
Advises clients in connection with employee benefits aspects of acquisitions, dispositions, mergers and loan transactions, including due diligence review and negotiation of agreements related to employee benefit plans.
Ms. Edwards earned her Bachelors degree, cum laude, from Oglethorpe University in 1991. She received her J.D., cum laude, from the University of Georgia in 1995 and her LL.M. in Taxation from the University of Florida in 1996. Upon graduation, she served as a law clerk to The Honorable Irene F. Scott, U.S. Tax Court.
Publications
Missing Participants in Your Terminated Defined Contribution Retirement Plan? The DOL Has Issued Guidance to Help You, King & Spalding Compensation and Benefits Insights, September 2014
Five New IRS Private Letter Rulings Confirm IRS's Position Allowing Retiree Cashouts, King & Spalding Compensation and Benefits Insights, July 2014
IRS Clarifies "Substantial Risk of Forfeiture", King & Spalding Compensation and Benefits Insights, April 2014
IRS Notice 2013-54 Guidance Clarifying Impact of Affordable Care Act on HRAs, Health FSAs, and Employer Payment Plans, King & Spalding Compensation and Benefits Insights, December 2013
Sutardja v. The United States: The Federal Claims Court Applies Code Section 409A to Discontinued Stock Options, King & Spalding Compensation and Benefits Insights, October 2013
The Supreme Court Defers to Plan Language in U.S. Airways, Inc. v. McCutchen, King & Spalding Compensation and Benefits Insights, July 2013
New Rules Coming into Effect Affect Retirement Plans Entering into Swaps, King & Spalding Compensation and Benefits Insights, January 2013
Two New IRS Private Letter Rulings Allow Retiree Cashouts, King & Spalding Compensation and Benefits Insights, October 2012
Who’s the Beneficiary? The Courts Provide A Roadmap For Plan Administrators, King & Spalding Compensation and Benefits Insights, May 2012
IRS Announces Voluntary Classification Settlement Program for Misclassified Workers, King & Spalding Compensation and Benefits Insights, January 2012
DOL Releases Guidance on Electronic Disclosure of Fees and Expenses, King & Spalding Compensation and Benefits Insights, October 2011
