Experts believe companies may "tweak" documents. Guidance seems to "give a pass" on non-technical language.
Article from Financial Advisor quotes Drigotas and Hogans - HERE
A brief summary by Liza Hecht of Nukk-Freeman & Cerra HERE
"What Should Employers Do?
Given the opportunity to avoid accelerated taxes for the affected participant, as well as the IRS' stated intent to increase audit activity in this area, employers should review any and all agreements that could be considered deferred compensation under Code §409A. If any document failures are uncovered the employer should make any and all corrections before December 31, 2010."