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Phone  (407) 428-5108
Fax (407) 423-1831
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Joseph “Jay” Van Heyde II

Shareholder
Office:


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.

Mr. Van Heyde is nationally recognized in the formation of ESOPs and their use in business succession planning and estate planning. He has spoken at various conferences across the country of The ESOP Association and the National Center for Employee Ownership (NCEO).

In addition to his employee benefits expertise, Mr. Van Heyde represents a significant number of Central Florida 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.


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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 a significant number of specialty and general contractors, architectural and engineering firms, design/build entities, manufacturing companies and professional services firms.
  • Represented ESOP trustees in transactions to sell all or a portion of the company stock to outside third parties.
  • Served as ERISA expert co-counsel in unsuccessful attempt by the U.S. Department of Labor (DOL) to enjoin valuation firm from providing appraisal services to ERISA plans and to seek other equitable/ financial relief.
  • Served as ERISA expert in commercial litigation.
  • 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 (EPCRS) 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, unit option, restricted stock, phantom stock, stock appreciation rights and equity based compensation plans for firm clients.

Professional and Civic Activities

  • The Florida Bar
  • ESOP Association
    • Legislative and Regulatory Committee
    • New South Chapter Executive Committee
  • 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. – Past Fellow
  • Florida Citrus Sports - Bowl Team Selection Committee

Education

  • Juris Doctor 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
  • U.S. District Court, Northern District of Florida

Recognition & Awards

  • Named Orlando Best Lawyers, Lawyer of the Year, Employee Benefits (ERISA) Law, 2013 and 2015
  • Named an Outstanding Employee Benefits Lawyer in The Best Lawyers in America, 2006-2017
  • Named an Outstanding Employee Benefits Lawyer in Orlando Magazine, 2006-2017
  • Named an Outstanding Employee Benefits/ERISA Attorney in Florida Super Lawyers Magazine, 2012-2017
  • Named an Outstanding Tax Lawyer in Florida Trend Magazine's Legal Elite, 2005-2016
  • Martindale Hubbell: Preeminent AV Rating

Speaking Engagements

  • Taxation Of, And Accounting For, ESOP Transactions and Ongoing Administration, Fall Conference of the New South Chapter of the ESOP Association, Orlando, FL, September 15, 2016
  • Assessing the Fairness of Warrants & Stock Appreciation Rights in ESOP Companies, Employee Ownership Conference 2016, National Center for Employee Ownership in Minneapolis, MN, April 12, 2016
  • The Roles of Trustees and Board Members as Fiduciaries, The ESOP Association, New South Chapter, Altamonte Springs, FL, August 27, 2015
  • Assessing the Fairness of Warrants and Stocks Appreciation Rights, Employee Ownership Conference 2015, National Center for Employee Ownership in Denver, CO, April 23, 2015
  • Structuring Seller Financing with Warrants, the ESOP Association Las Vegas Convention & Trade Show, Las Vegas, Nevada, November 14, 2014
  • Equity Compensation Basics for Private Companies, IN TUNE WITH ESOPs Fall Conference, Nashville, Tennessee, September 18th, 2014
  • Second Stage ESOP Transactions, The ESOP Association, New South Chapter, Stone Mountain, Georgia, September 19, 2013
  • Guest speaker at the ESOP Association Las Vegas Convention & Trade Show in Nevada, November 2012.
  • How to Bulletproof Your Company from DOL and Participant Initiated ERISA Liability, The Association of Corporate Counsel (A.C.C.) Central Florida, Orlando, Florida, April 19, 2012
  • Use of Warrants and SARs, The ESOP Association 2012 Spring Conference, Village of Pinehurst, North Carolina, March 26, 2012
  • Fiduciary and New Fee Requirements, Employers Association Forum, Inc. Seminar, Longwood, FL, March 7, 2012
  • Legislative, Regulatory and Judicial Update, The ESOP Association 2011 Technical Conference, Las Vegas, Nevada, November 4, 2011
  • 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

  • "Who Benefits From The Benefits: You May Be Surprised" - Dean Mead Newsletter, Winter 2015
  • “District Court Dismisses Money Damages and Injunctive Relief Claims of DOL Against ESOP Valuation Firm” – ESOP Report “Legal Update”, April 2014
  • “Supreme Court Affirms the SPD is not the Plan Document and Cracks Open the Door to Equitable Relief for Fiduciary Breach” – ESOP Report “Legal Update”, June, 2011
  • “New DOL Regulations for Plan Service Providers” – ESOP Report “Legal Update”, October, 2010
  • “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