Executive Compensation

We regularly assist our clients in all matters related to their executive compensation plans and programs including, but not limited to:

• Designing, drafting, and implementing equity compensation plans and award agreements, employment agreements, change in control agreements, cash-based short-term and long-term incentive programs, severance programs and traditional deferred compensation arrangements
• Assisting publicly traded companies in determining whether their executive compensation programs are subject to the transition rule issued by the IRS under Section 162(m) of the Code
• Structuring deferred compensation arrangements that comply with Section 409A of the Code
• Correcting plan document and operational failures under Section 409A of the Code
• Designing, drafting, and implementing Section 457(f) and Section 457(b) plans and programs for tax-exempt and governmental entities
• Providing counsel on the tax treatment and tax benefits of various types of equity and deferred compensation arrangements
• Representing individual executives and entire management teams in connection with the negotiation, drafting and design of their executive compensation arrangements, including employment and consulting agreements, change in control agreements, retention arrangements, and separation packages
• Providing counsel on “best practices,” governance matters and the disclosure implications of public company executive compensation programs
• Analyzing “golden parachute” and Section 280G and Section 4999 related issues in connection with corporate transactions including the preparation of the related shareholder “cleansing” voting materials
• Designing, drafting, and implementing notional, phantom, and synthetic equity compensation plans and award agreements including stock appreciation rights and unit appreciation rights programs
• Drafting restrictive covenant agreements and claw back policies
• Preparing and filing “top hat” plan disclosures