Joseph “Jay” Van Heyde II
ShareholderOffice: Orlando
Mr. Van Heyde is a shareholder in the Orlando office. He represents a wide variety of clients with respect to their tax qualified retirement plans, including ESOPs and 401(k) and defined benefit pension plans, non-qualified plans of deferred compensation, stock option and other equity based compensation plans, health and welfare benefit plans, cafeteria plans, COBRA health care continuation coverage compliance, and other employee fringe benefit matters.
In addition to his employee benefits expertise, Mr. Van Heyde represents a significant number of Orlando based companies with respect to their general corporate matters, including the preparation and review of their employment agreements, termination and severance agreements, shareholder agreements, stock and asset purchase agreements and general corporate compliance documentation.
Additional Representative Experience
Significant Representations:
- Reorganized the ESOP of a closely held corporation to facilitate its initial public offering, and the subsequent underwritten sale of shares by the participants in the ESOP.
- Represented companies, selling shareholders and ESOP Trustees in numerous ESOP purchase and sale transactions for specialty and general contractors, manufacturing companies and professional services firms.
- Represents over 100 firm clients with respect to their tax qualified retirement plans, including their 401(k) plans, profit sharing plans, ESOPs and defined benefit pension plans.
- Successfully re-qualified several retirement plans through the Employee Plans Compliance Resolution System of the Internal Revenue Service.
- Obtained several private letter rulings from the National Office of the Internal Revenue Service with respect to employee benefit and ESOP issues.
- Designed numerous stock option, restricted stock, phantom stock and equity based compensation plans for firm clients.
Professional and Civic Activities
- The Florida Bar
- ESOP Association
- Advisory Member of Legislative and Regulatory Committee
- Florida Advisory Member of the New South Chapter
- ASPPA Employee Benefits Council of Central Florida - Member and Past President
- Notre Dame Club of Greater Orlando - Member and Past President
- The Florida Bar Foundation, Inc. – Fellow
- Florida Citrus Sports - Bowl Team Selection Committee
Education
- Juris Doctorate Degree: The Ohio State University College of Law, Columbus, Ohio, cum laude, 1980
- Undergraduate Degree in Accounting: University of Notre Dame, Notre Dame, Indiana, cum laude, 1976
- Beta Alpha Psi, Beta Gamma Sigma
Bar Admissions
- Florida
- Ohio
- U.S. Tax Court
- U.S. Court of Appeals 11th Circuit
Recognition & Awards
- Named an Outstanding Employee Benefits Lawyer in The Best Lawyers in America, 2006-2011
- Named an Outstanding Employee Benefits Lawyer in Orlando Magazine, 2006-2011
- Named an Outstanding Tax Lawyer in Florida Trend Magazine's Legal Elite, 2005-2006
- Martindale Hubbell: AV Rating
Speaking Engagements
- Federal Tax Update - Employee Benefits, FICPA Summer Vacation Cluster, Lake Buena Vista, Florida, July 30, 2010
- Repurchase Obligations, Forecasting and Overview of Funding Methods, The ESOP Association
Tri-State Regional Conference, Pinehurst, North Carolina, March 18, 2010 - Increase, Decrease or Hold 'Em?, ESOP Association 2010 Winter Seminar for Minority/Majority
- Owned ESOPs, The ESOP Association, New Orleans, Louisiana, February 19, 2010
- ESOP Distributions and Understanding Diversification, New South Chapter of the ESOP Association Fall Conference, Atlanta, Georgia, October 22, 2009
- Modifications to ESOP Distribution Policies - Planning for the “High Wave” of Distribution Requests, 2009 ESOP Southeast Regional Conference, Savannah, Georgia, March 27, 2009
- Review of Differences Between S and C Corporation ESOPs, The ESOP Association Two-Day Technical Conference, Las Vegas, Nevada, November 13, 2008
- Construction Industry ESOPs, Bonding and Lender Pitfalls, The ESOP Association Southeast Regional Conference, Charlotte, North Carolina, March 6, 2008
- Section 409A Nonqualified Deferred Compensation, Florida Institute on Federal Taxation Conference, Orlando, Florida, December 6, 2007
- S Corporation ESOPs, New South Chapter of the ESOP Association, Orlando, Florida October 5, 2007
- Successful Financial Settlements For Your Divorce Client - Retirement And Pension Issues, NBI Seminar, Orlando, Florida, April 30, 2007
- The Use of ESOPs for Business Succession and Estate Planning, Indian River Estate Planning Council, Vero Beach, Florida, January 25, 2007
- Investing in Real Estate in IRAs, Central Florida Realty Investors Association, Melbourne, Florida, September 21, 2006
- Employee Benefits in Bankruptcy, Central Florida Bankruptcy Law Association, Orlando, Florida, August 17, 2006
- Employee Benefits in Bankruptcy, ASPPA Employee Benefits Council of Central Florida, Orlando, Florida, May 16, 2006
- Health Savings Accounts and High Deductible Health Plans, Medical Practice Administrators of Central Florida, Orlando, Florida, January 24, 2006
- Current Developments for ESOPs, New South Chapter of the ESOP Association, Orlando, Florida, July 22, 2005; and in Tampa, Florida, July 23, 2005
- COBRA Health Care Continuation Coverage, Central Florida Administrators Council, Orlando, Florida, June 9, 2004
- Fiduciary Responsibility and Liability Issues for ESOP Trustees, Carolinas Chapter of the ESOP Association, Charleston, South Carolina, March 2, 2001
- Stock Options for E-Commerce Businesses, E-Commerce Seminar - Orlando Business Journal, Orlando, Florida, May 18, 2000
- Current Developments in Employee Benefits, Florida Institute on Federal Taxes (Orlando), October 29, 1997
- Employee Leasing, Orlando Business Journal Seminar, Orlando, Florida, June 25, 1997
- Retirement Plan Assets in Bankruptcy, Central Florida Bankruptcy Attorneys, Orlando, Florida, May 16, 1996
- Overview of Employee Benefits for the Hotel/Motel Industry, Central Florida Hotel/Motel Association, Orlando, Florida, January 11, 1995
- Current Developments in Employee Benefits, School of Accounting, University of Central Florida CPE Seminar, Orlando, Florida, May 10, 1995
- Qualified Domestic Relations Orders, Seminole County Family Law Attorneys Association Orlando, Florida, February 3, 1994
Publications
- “Employee Benefits in Bankruptcy” - Dean Mead Newsletter, First Quarter, 2006
- “Health Savings Accounts” - Dean Mead Newsletter, Winter, 2004
- “Stock Option Plans - The Basics and Beyond” - Business Laws, December, 2001
