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Austin S. Lilling

Partner

Austin S. Lilling focuses on issues relating to executive compensation arrangements and employee benefit plans. He provides comprehensive counsel to senior executives, management teams, boards, key stakeholders, and employers on the design, negotiation, implementation, and administration of employment agreements; severance agreements; change in control arrangements; corporate and partnership equity and phantom equity compensation arrangements; qualified and nonqualified deferred compensation plans; welfare plans; retention; incentive; and other compensation and benefits arrangements.

Austin has substantial knowledge of ERISA, corporate, and tax issues relating to benefits and compensation arrangements, including under Internal Revenue Code Sections 409A, 457A, 162(m), 280G, and 83, and strives to maximize tax efficiency for, while avoiding the potential for punitive tax consequences to, his clients.

He advises on benefits, compensation, and employee matters in transactional settings, including in private and public mergers and acquisitions, financial restructurings, and investment fund acquisitions and dispositions, and has experience representing various parties to such transactions.

Throughout his career, Austin has been involved with many of the country’s most significant financial restructurings. Private equity and hedge fund clients rely on Austin for guidance on key employee compensation arrangements and those covering portfolio company management.

  • New York University School of Law, 2001, LL.M.
  • Seton Hall University School of Law, 2000, J.D.
  • Emory University, 1997, B.A.
  • New York
  • New Jersey
  • US Tax Court

Member, Law360, Practice Group of the Year, Benefits (2022)

Listed, Best Lawyers in America, Employee Benefits (ERISA) Law, New York (2023–2025)

Ranked, Employee Benefits and Executive Compensation, New York, Chambers USA (2021–2023)

Recommended, Labor and employment: Employee benefits, executive compensation and retirement plans: transactional, The Legal 500 US (2023, 2024)

Recommended, Employee Benefits, Executive Compensation, and Retirement Plans, The Legal 500 US (2019, 2021)

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology for the above awards can be found here.