Counsel’s Guide to Drafting and Negotiating Executive Compensation Arrangements, Restrictive Covenants, and Severance Provisions in Executive Employment Agreements

recording Counsel’s Guide to Drafting and Negotiating Executive Compensation Arrangements, Restrictive Covenants, and Severance Provisions in Executive Employment Agreements

You Will Learn:

  • Discover how to anticipate and prepare for difficulties that lurk in the drafting and negotiating an executive’s compensation agreement
  • Considerations relating to negotiating severance provisions
  • Best practices for drafting restrictive covenants
  • Relevant legal issues with an emphasis on addressing practical real-life situations
Access the pre-recorded audio conference
$365.00
 

How complex, complicated and frankly "difficult" are your executive compensation agreements?

Attorneys for employers, executives, compensation committees, and other stakeholders must grapple with a multitude of complex and continually evolving laws, regulations, and practical realities while drafting or negotiating executive employment agreements. Especially those that include increasingly scrutinized deferred compensation, non-competes that vary by jurisdiction, and labyrinth-like severance provisions that must anticipate at the beginning of the employment relationship what may happen at the end.

Complicating the drafting and negotiating executive employment agreements are complex tax issues (IRS Sections 409A, 162(m) and 280G) that both management-side and executive representative must address when dealing incentive pay, equity grants and other deferred compensation.

Severance entitlements (including the circumstances triggering payment and the growing number of limitations on release requirements) must necessarily work seamlessly with restrictive covenants that contain forfeiture and claw-back provisions that come into play upon breach of non-compete, no-solicitation of customers, no-poaching of employees, confidentiality, indemnification and other post-employment restrictions.

Clearly, what were once standard executive agreements that previously involved only the company and executive, are now outdated and pose substantial legal and practical risks for employers, executive, and their legal counselors.

This practical webinar will help counsel to anticipate and prepare for difficulties that lurk in the drafting and negotiating an executive’s compensation agreement.

Learning Objectives

During this information-packed session our expert panel will present up-to-date practices in drafting effective executive compensation agreements, including:

  • Overview of the many types of executive compensation
  • Considerations relating to negotiating severance provisions
  • Best practices for drafting restrictive covenants; and more
  • Relevant legal issues with an emphasis on addressing practical real-life situations

Plus, you’ll learn key definitions and best practices for the most often overlooked aspects of drafting an executive employment agreement, including;

  • Good Reason Provisions
  • Fixed Terms
  • Restrictive Covenants (non-competes, non-solicitation & non-disclosure agreements)
  • Cause
  • Award Equity
  • State and Venue Selection
  • Assignment

Product ID: 5565

Learn to Anticipate and Prepare for Difficulties that Lurk in the Drafting and Negotiating an Executive’s Compensation Agreement!

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Faculty

Jerry Cohen
Jerry Cohen
Partner, Burns & Levinson LLP

Mr. Cohen has more than 40 years experience as a lawyer dealing with patent, copyright, trademark, unfair competition, licensing/franchising, visual arts, software, databases and publication law, formation and operation of business enterprises and not-for-profit organizations, international trade, litigation/ADR, and legal ethics. He handles acquisition, licensing and litigation of intellectual property rights. He has also served as an expert witness, arbitrator and mediator in intellectual property matters. Prior to joining Burns & Levinson LLP in January 2006, Mr. Cohen was a partner with the firm Perkins Smith & Cohen LLP.

David Almeling
David Almeling
Partner, O'Melveny

David Almeling is a partner in O’Melveny’s San Francisco office where he focuses his practice on both patent and trade secret litigation.  He is also a leader in those fields.  Among his other awards, David was recognized in The National Law Journal’s 2014 “Intellectual Property Trailblazers & Pioneers,” which highlights 50 of the top intellectual property lawyers across the country “who are raising the bar in intellectual property law.”  And he is a nationally respected authority on patents and trade secrets, on which he has authored more than a dozen publications and presented more than two dozen CLE presentations.  For example, David’s second book on trade secret law, Trade Secret Law and Corporate Strategy, was published by LexisNexis in 2015.

Continuing Education Units

  • cle

    C4CM provides audio conference attendees with CLE credit processing services. To expedite C4CM processing your CLE request, please complete and submit the evaluation form available from C4CM at the conclusion of the audio conference. It will be necessary to enter the following information: name of each attorney requesting CLEs with full contact information, including e-mail address, bar number, and the state in which the attorney wants credits. Each attorney requesting credits must submit an evaluation.

    Please be advised C4CM audio conferences are subject to approval from each CLE issuing organization and approval is not guaranteed (state bar associations in Delaware, Indiana, Kansas, Ohio, and Pennsylvania do not grant CLE credits for audio conferences). The approval process takes approximately 6 – 8 weeks for most organizations but can take as long as 3 – 4 months. You will be notified via e-mail with the final status of your CLE application.

    Any person applying for CLE credits must attend the audio conference from start to finish (attendance will be taken for compliance reasons). Requests for CLE credits must be received no later than two weeks following the conclusion of the audio conference or live conference. CLE credits are not available for CD recordings.

    If you have any questions regarding CLE credits, contact Jill Adler at 631.368.2082 x 21 or jill.adler@meeting-matters.com.

Learn to Anticipate and Prepare for Difficulties that Lurk in the Drafting and Negotiating an Executive’s Compensation Agreement!

Order my recording now

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