More Rules. More Scrutiny. More Board and Shareholder Engagement. More Care Required.
Whatever category your business falls into, your executive compensation needs and regulations are different – unique from the others in various ways. Are you a public corporation? A privately held company? A start-up? A not-for-profit business? No matter the type, size, scope or age of your company, we have the experience to advise you on executive compensation.
Among the many complex compensation matters on which we advise clients are:
- SEC and stock exchange disclosure rules.
- Employment, severance, change-in-control and non-compete agreements.
- Deferred compensation.
- Bonus, equity and other incentive plans.
- Profit-sharing plans.
- Pension, savings and retirement plans.
- “Golden parachute” payments.
We Collaborate & Coordinate
Planning executive compensation is far from an isolated employment issue in your company. It’s strategic. It’s contractual. It’s regulatory. So we don’t treat it as isolated. Our practice covers the corporate, securities, employment, tax and other legal and regulatory issues related to executive compensation. And we have lawyers from every discipline in the firm to make sure we’ve got the bases covered.
There are also specific issues related to specific industries. Highly regulated businesses such as financial services and banking, for example, have their own evolving sets of executive compensation concerns – especially since 2008. No matter your industry, we know the rules from long experience, and we keep up with their rapid changes.
Efficient, Yet Highly Customized
While our team of attorneys who concentrate on executive compensation is substantial, our relationship with your company is always up-close and personal. We learn your business. Doing so is a matter of both pride and policy with us. So we work closely with your in-house counsel, human resources professionals, consultants, accountants, actuaries and other professionals to develop innovative, practical and fully customized executive compensation arrangements that make sense for you.
Clear Passage through the Compliance Web
Dodd-Frank. SEC rulemaking and disclosure. “Say on pay" rules. If you are a publicly traded corporation, you need highly experienced counsel to help you stay in compliance with these and other regulations. “The devil is in the details,” and our team thrives on making those details work in your favor. We also understand current trends in shareholder activism and how to work within that context toward compensation arrangements that make sense for your business, your shareholders and the regulators.
In addition, we counsel executives of tax-exempt organizations and trade associations on eligible and ineligible Code §457 arrangements, draft and review rabbi trusts and secular trusts to fund executive compensation benefits.