Paul Borden is head of Morrison & Foerster's Employee Benefits Practice Group. His practice includes a broad spectrum of matters relating to employee benefits, including defined benefit and defined contribution plans, and fiduciary and prohibited transaction issues. Mr. Borden also possesses substantial expertise in 401(k) plans, employee stock ownership plans, and cafeteria and other welfare plans, as well as equity and non-equity executive compensation matters. He has represented a wide range of clients, including financial institutions, technology companies, aerospace concerns, and retail and service companies.

Mr. Borden joined Morrison & Foerster LLP in 2003. Prior to that, he was a partner at Orrick, Herrington & Sutcliffe.

• Assisted clients with ERISA prohibited transaction issues that arise in funds having pension plan investors. This assistance included suggestions as to the structure and design of such funds, as well as disclosure materials and financing and agreement terms that complied with ERISA and protected our clients' interests. The funds included real estate operating companies (REOCs) and venture capital operating companies (VCOCs), and other funds subject to ERISA. Also, assisted a major financial institution apply to the Department of Labor for an individual ERISA prohibited transaction exemption.
• Represented clients of various ERISA litigation matters, including benefit claims and fiduciary breach, and interpleader actions.
• Advised clients as to the current state of ERISA law post-Enron on issues related to the acquisition and holding by employee benefit plans, such as 401(k) plans, of employer securities.
• Assisted clients on the employee benefits and ERISA aspects of the due diligence, drafting and negotiation of various merger and acquisition agreements, including an evaluation of the scope and magnitude of potential ERISA liabilities.
• Assisted clients in the design and administration of non-qualified deferred compensation plans designed to avoid current recognition of income, including an evaluation of the effect of proposed federal tax legislation relating to such plans.