Chris Kang has served as a trusted adviser to numerous companies, financial institutions, and private investment funds with respect to complex matters involving employee benefits, ERISA, and executive compensation and is the go-to person for financial institutions and investment funds for practical advice and solutions on ERISA-related matters that will help further their business goals.
Chris is often called upon to analyze and structure investment funds in cases that involve investments by private and governmental employee benefit plans, and to counsel investment advisers in cases where they manage “plan assets” subject to ERISA. Through his years of work in the investment fund area, Chris has extensive experience navigating the rules provided under ERISA’s “plan assets regulation,” including compliance with the “venture capital operating company” and “real estate operating company” exceptions, and in obtaining and complying with prohibited transaction exemptions. When representing pension trusts, Chris is often called upon to analyze alternative investments and to structure tax efficient investment structures, including the establishment of tax-exempt organizations for purposes of holding real estate acquisitions.
Chris also regularly advises both borrowers and lenders with respect to ERISA matters involved in all types of financing transactions, and in connection with corporate mergers and acquisitions, Chris regularly advises both buyers and sellers with respect to employee benefits and compensation issues, including, without limitation, issues related to pension liabilities, health and welfare liabilities, nonqualified deferred compensation obligations, severance obligations, and change in control obligations.
In addition, Chris has provided guidance to clients on a wide variety of other compliance matters in the areas of employee benefits and executive compensation, including, without limitation, the implementation of tax-qualified employee benefit plans, the correction of plan failure, and the navigation through DOL audit investigations. In the area of executive compensation, Chris has been involved in the representation of both employers and executives in the negotiation of employment agreements, severance arrangements, nonqualified deferred compensation arrangements, and equity compensation arrangements, including structuring arrangements in compliance with Sections 409A, 457A, 162(m), and 280G of the Internal Revenue Code.
When Chris is not advocating for his clients or speaking about employee benefits matters, he is often involved with the Dallas Asian American Bar Association, where he has been its Treasurer for numerous years and is now continuing on as a member of its Board of Directors. Chris was named the “Best Lawyer Under 40” by the Asian Pacific Interest Section (APIS) of the Texas State Bar in 2016, and was selected for inclusion in Texas Super Lawyers Rising Stars, Thomson Reuters, in 2017.