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Bret Busacker

Partner

800 W. Main Street, Suite 1750, Boise, ID 83702

Bret provides strategic legal counsel in matters of corporate governance and compliance, employee benefits and ERISA, restructuring, and negotiating complex business transactions.

Bret represents private and public businesses, including large multi-national corporations, in addressing the unique corporate, governance, and benefits issues that impact these organizations. He aims to become an extension of his clients’ compliance teams and often advises management committees, compensation committees, and boards of directors on strategic business initiatives and compliance matters.

Additionally, he has significant experience addressing a wide range of complex employee benefits issues for many types of businesses in a variety of industries. Bret works with clients that have complex organizational and management structures, including multiple employer plans and professional employer organizations. He is a frequent speaker and presenter on employee benefit hot topics in the areas of the Affordable Care Act (ACA), mergers and acquisitions, executive compensation, and multiple employer plans.

Bret also represents governmental entities, nonprofit organizations, human resources executives, compensation committees, and benefit committees, among others. In this capacity, he assists his clients with compliance matters in connection with tax, labor, and securities regulations.

Experience

Corporate Law

  • Corporate governance and compliance, including counsel to companies’ boards and advisory committees
  • Strategic advisor on corporate structural matters, including operations, tax and other efficiencies
  • Strategic advisor on business structure, including advising on management, protection, and preservation of business assets and personnel
  • Counsel to management and boards of directors

Employee Benefits Law

  • Designing and administering benefit plans, including incentive compensation programs, equity compensation arrangements, executive retirement arrangements, qualified retirement plans, and welfare benefit planning
  • Advising company boards and compensation/benefits committees on fiduciary compliance issues such as negotiating with advisers and broker-dealers, training on fiduciary matters, processing complex ERISA claims, and correcting fiduciary breaches and prohibited transactions
  • Designing and negotiating employment agreements, severance agreements, compensation, and benefit provisions in mergers and acquisitions
  • Assisting employers navigate the complex rules and requirements under the Affordable Care Act, HIPAA, ERISA, and Internal Revenue Code
  • Advising employers on executive compensation issues involving Code Sections 409A, 457, 280G, 162(m), and 83
  • Guiding healthcare organizations in addressing the unique benefits compliance issues applicable to healthcare employers

Client Results

  • Assisted entertainment industry payroll business and broker in developing its healthcare program to comply with ACA

  • Worked with private mining company to establish a 100% ESOP, allowing for shared ownership, increasing employee commitment and morale while providing resources to grow the business

  • Worked with one of the top 100 private companies in Idaho to make changes to their business model to lock in key broker relationships, transitioning their program, which in turn strengthened their overall business model

  • Ongoing counsel for large, publicly traded technology company, advising in matters of executive compensation and health and welfare plans

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Idaho Business Review Leaders in Law, 2016

Professional and Civic Affiliations

  • Land Trust of Treasure Valley, Board of Directors
  • American Red Cross of Greater Idaho, Board of Directors, 2014-2018; Board Secretary, 2015-2018; Diversity Committee
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