Interest in cryptocurrency investments has been increasing at a rapid pace. Amid this growing interest, employers seeking to offer their employees innovative compensation and benefits programs are weighing the pros and cons of designing compensation programs to pay employees in the form of cryptocurrencies. At the same time, benefit plan fiduciaries have been cautioned to consider whether cryptocurrencies should be available as plan investments.
Team members from Mintz’s Employee Benefits & Executive Compensation Practice, Alden Bianchi, Anne Bruno, Michelle Capezza, and David Lagasse, broke down the key considerations for employers during an informative Q&A session, which covered:
Factors that have prompted the increased interest in cryptocurrency investments
Legislative policy proposals focused on cryptocurrencies
Potential ways employees could be compensated with cryptocurrency
Potential risks and rewards of compensating employees with cryptocurrency;
Guidance issued by government agencies such as the SEC and the DOL and their main concerns related to cryptocurrency investments
Considerations for benefit plan fiduciaries interested in offering plan participants access to cryptocurrency investments
About this Author
Alden is a highly regarded employee benefits and executive compensation lawyer.
Alden is the Practice Group Leader of the firm’s Employee Benefits & Executive Compensation Practice. He advises corporate, not-for-profit, governmental, and individual clients on a broad range of executive compensation and employee benefits issues, including qualified and non-qualified retirement plans, stock and stock-based compensation arrangements, ERISA fiduciary and prohibited transaction issues, benefit-related aspects of mergers and acquisitions, and health and welfare plans. He is nationally…
Anne is a seasoned attorney whose practice spans several areas of corporate and employment law. She has extensive experience advising clients, ranging from startups to multinational public companies, in a broad range of industries, on issues related to executive compensation, employee benefits, securities law, and corporate governance.
Part of Anne’s practice involves helping clients create, implement and administer equity and executive compensation arrangements and programs, including equity plans, phantom equity arrangements, incentive plans,…
Michelle is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Michelle is called to represent Fortune 500 companies, multinational…
David has extensive experience handling executive compensation issues in mergers and acquisitions, venture capital investments, private equity financing, and other transactional contexts.
On behalf of buyers, sellers, and management teams, David drafts and negotiates the compensation and equity arrangements for senior-level executives that drive and reward performance. He is also skilled at structuring and implementing deferred compensation arrangements, performance bonus plans, option and restricted stock awards, synthetic equity plans and equity participation in limited liability…
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