Our clients seek practical, efficient solutions to complicated legal issues.  I enjoy using my technical knowledge and experience to assist them in navigating the often complex world of employee benefits so that we can together find workable solutions to even the most challenging benefits issues.

Ms. Clapp concentrates her practice in all aspects of employee benefits and executive compensation, with a focus on qualified and nonqualified retirement and compensation arrangements.  She counsels clients on a wide range of benefits issues, including fiduciary responsibilities under ERISA, plan qualification and administration issues and plan correction matters.  Ms. Clapp is also experienced in the design and drafting of nonqualified deferred compensation arrangements, including equity and non-equity based incentive compensation plans, and regularly advises clients regarding complex issues under Internal Revenue Code Section 409A and its broad application to executive compensation and other arrangements.

Ms. Clapp also assists clients with a variety of employment law matters, including employee leave and termination issues, the negotiation and drafting of employment, independent contractor and separation agreements, and the preparation of employee handbooks.

Representative Matters

  • Representation of a plan sponsor in connection with the correction of prohibited transaction and related excise tax issues resulting from the late remittance of employee elective deferrals under multiple 401(k) plans, including the preparation and filing of submissions under the U.S. Department of Labor Voluntary Fiduciary Correction Program
  • Assistance with the internal review by a public company of all of its previously issued and outstanding stock options and warrants to confirm that the prior grants and exercises were appropriately reported for securities laws, income tax and payroll purposes
  • Design, documentation and implementation of customized incentive compensation and other nonqualified deferred compensation arrangements for employers across a variety of industries, which are intended to assist the employers in attracting, motivating and retaining their high level employees
  • Assistance with all aspects of a foreign parent company’s termination of its U.S. subsidiary’s 401(k) and group health plans upon the closure of its U.S. operations, including the provision of guidance regarding participant communication, benefit distribution, plan document, missing participant, governmental filing and group health continuation coverage issues
  • Representation of plan sponsors across a variety of industries in connection with the correction of qualified retirement plan document deficiencies resulting from the failure to timely amend plan documents for compliance with changes in applicable law, including the preparation and filing of correction submissions under the Internal Revenue Service Voluntary Correction Program (VCP)
  • Review and revision of employment, separation and shareholders agreements and other non-qualified deferred compensation arrangements to insure that income was not inadvertently accelerated prior to the receipt of payments by the client’s shareholders and key employees under Internal Revenue Code Section 409A

Uniquely NJ

  • Member, New Jersey State Bar Association, Taxation Law Section
  • While attending law school, Ms. Clapp was a member of the Rutgers Computer and Technology Law Journal
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More Activities & Experience

  • Member, Society for Human Resource Management
  • Former judicial intern to The Honorable Ronald J. Hedges, United States District Court, District of New Jersey

Presentations & Speaking Engagements

Publications & Alerts

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Departments

Education

Villanova University School of Law, LL.M., 2004

Rutgers University School of Law-Newark, J.D., 1999

Middlebury College, B.A., cum laude, 1994 

Bar Admissions

  • New Jersey, 2000
  • New York, 2003
  • U.S. District Court, District of New Jersey, 2000