Andrew Gaines
U.S. Head of Executive Compensation and Employee Benefits, New York
With four decades of experience, I advise clients on complex executive compensation and employee benefits elements arising from mergers and acquisitions as well as Title I ERISA matters.
Overview
Professional experience
Education and qualifications
Published works
Overview
Andrew has practiced for more than 35 years exclusively in the executive compensation and employee benefits area at several preeminent law firms and have had the opportunity to advise clients on a wide array of complex executive compensation and employee benefits elements of public and private mergers and acquisitions, capital market transactions and restructuring/bankruptcy matters. In addition, Andrew has also been a leader in the New York bar on advising investment fund sponsors and pension plan investors on Title I ERISA matters.
Andrew advises employers on all aspects of executive compensation and employee benefit plans and their treatment in corporate transactions and in bankruptcy. He also represents employers and executives in the negotiation of employment and severance agreements. Andrew counsels investment fund sponsors on ERISA issues associated with the formation of private investment funds and the structuring of underlying investments as well as upper-tier arrangements for their partners and employees. Andrew also frequently counsels large institutional pension investors on fiduciary issues arising with investing in private investment funds.
Andrew is the practice leader of the executive compensation and employee benefits practice in the U.S. and resides in the Linklaters New York office.
Work highlights
- Elia Group SA/NV: advising on its acquisition, through Elia Group’s wholly-owned subsidiary WindGrid USA LLC, of a 35.1% stake in energyRe Giga Projects, a subsidiary of energyRe LLC, the proceeds of which will be used to fund renewable U.S. transmission and energy generation projects.
- Getir: advising on the acquisition of online grocery company FreshDirect Inc. from Ahold Delhaize USA.
- Brookfield: advising on the executive compensation and employee benefits in connection with its £4bn recommended offer for HomeServe plc, the home repairs and emergency services group with businesses across the UK, U.S., Europe and Asia.
- Rothschild & Co. SCA: advising on the U.S. employee benefits and tax treatment involved with its historic going-private transaction.
- Arrival Ltd: advising on the executive compensation and employee benefits aspects of its US$5.3bn merger with CIIG Merger Corp in a reverse takeover transaction.
- Thermo Fisher Scientific Inc.: advising on the U.S. executive compensation and employee benefits aspects of its £2.25bn acquisition of The Binding Site Group, a U.K.-based diagnostics firm.
- Genfit SA: advising on the U.S. executive compensation and employee benefits issues for its the acquisition of clinical-stage biopharmaceutical company Versantis.
- Montagu Private Equity LLP: advising on the executive compensation and employee benefits aspects of the carve-out acquisition of the EPFR business from Informa.
- Apollo Global Management, Inc.: advising on the executive compensation and employee benefits aspects of its acquisition of Athene Holdings, Ltd.
Professional experience
Work highlights continued
- Storm Energia Inc.: advising on the executive compensation and employee benefits aspects of its simultaneous equity fundraise and corporate reorganization.
- Continental Grain Company: advising on the executive compensation and employee benefits aspects of its US$4.5bn acquisition of Sanderson Farms, Inc.
Andrew has been recognized as a leading individual in employee benefits & executive compensation by Chambers USA and the Legal 500 for the past seven consecutive years, with clients describing him as “an incredible subject matter expert who is also very practical.”
In 2021, he was recognized as a “Leading Corporate Employment Lawyer” by Lawdragon. Andrew was named the 2020 “Lawyer of the Year” for employee benefits (ERISA) law (NY) by The Best Lawyers in America, and has been recognized in both the employee benefits (ERISA) law and tax law (NY) categories since 2006.
Andrew is a frequent lecturer for Practicing Law Institute, Practical Law and the ABA. Andrew is Vice Chairman of the Board of Trustees of Riverspring Life (prominent NY geriatric care institution) and a Trustee of Hobart and William Smith Colleges.