Services

Our lawyers provide sophisticated business advice in designing, implementing and administering a wide spectrum of executive compensation programs. Services include:

• Equity and Incentive Plans. We design and implement equity-based and other incentive compensation plans, including programs that qualify for the “performance-based compensation” exception to Section 162(m) of the tax code. We also counsel clients on the corporate, SEC and stock exchange listing requirements relating to the content, approval and ongoing administration of these programs, and assist in establishing equity grant policies and procedures.
• Deferred Compensation. We develop nonqualified deferred compensation and other retirement programs for executives and directors. Our experience includes structuring arrangements that comply with the rules regulating deferred compensation under Section 409A of the tax code.
• Employment and Severance Arrangements. We negotiate and implement employment, consulting and severance arrangements for key employees, including non-competition, non-solicitation and non-disclosure provisions and other post-employment restrictions.
• Golden Parachute Arrangements. We design change-in-control (or "golden parachute") agreements for executives and advise clients on the tax penalties imposed on excess parachute payments under Section 280G of the tax code.
• Proxy Statement Disclosure. We help clients navigate the rules on disclosure of executive and director compensation and related party transactions and assist in preparing the Compensation Discussion & Analysis section and compensation tables for proxy statements.