Structuring and Negotiating Executive Compensation Packages: Addressing Pay, Severance, Restrictive Covenants, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide ERISA, compensation and HR counsel with strategies for structuring and negotiating executive employment agreements. The panelists will discuss considerations and best practices when drafting provisions regarding compensation, severance, restrictive covenants and other key terms.
Outline
- Threshold considerations
- Pros/cons of entering into executive employment agreements
- Term
- Title/duties
- Reporting
- Types of compensation
- Base salary
- Bonus/short-term incentive pay
- Long-term incentive pay
- Benefits and prerequisites
- Negotiating severance
- Change in control considerations
- Restrictive covenants
- Other key provisions and considerations
Benefits
The panel will review these and other key issues:
- When employment agreements are appropriate
- What types of compensation structures that must be considered when negotiating and drafting an executive employment agreement
- How tax considerations for different forms of compensation
- What are the “hot-button” executive compensation issues from an investor’s perspective
- How to handle the release requirement in order for an executive to receive severance
- How an employer can bolster the enforceability of restrictive covenants
- When and how to include change in control protections
Faculty
Kenneth J. Laverriere
Partner
Shearman & Sterling
Mr. Laverriere advises fiduciaries on the investment of the assets of pension plans and the design and... | Read More
Mr. Laverriere advises fiduciaries on the investment of the assets of pension plans and the design and administration of tax-qualified and nonqualified plans and the application of ERISA’s plan asset rules to plan investments. His practice includes the structuring and analysis of a broad range of compensation arrangements, including equity and non-equity based incentive programs, deferred compensation plans, investment partnerships, carried interest plans, and financial adviser compensation programs. He advises clients on compensation and benefit issues in merger and acquisition transactions and represents individuals and corporations in the negotiation of employment, termination and change in control arrangements.
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Austin S. Lilling
Partner
Katten Muchin Rosenman
Mr. Lilling focuses his practice on issues relating to executive compensation arrangements and employee benefit... | Read More
Mr. Lilling focuses his practice on issues relating to executive compensation arrangements and employee benefit plans. He has experience in designing and negotiating compensation arrangements, both for senior executives and employers, including employment agreements, severance agreements, change in control agreements, and equity and phantom equity compensation arrangements. He also has significant experience handling compensation matters in a transactional setting, including as they relate to private and public mergers and acquisitions, financial restructurings, and investment fund acquisitions and dispositions. Additionally, he has significant experience regarding tax issues relating to compensation arrangements.
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Andrea S. Rattner
Partner
Proskauer Rose
Ms. Rattner counsels clients with respect to tax, securities, corporate governance, stock exchange, ERISA and other... | Read More
Ms. Rattner counsels clients with respect to tax, securities, corporate governance, stock exchange, ERISA and other issues affecting executive compensation. She regularly provides advice on equity arrangements, employment agreements, change-in-control agreements and other types of executive compensation, including incentive arrangements, SERPs, deferred compensation and 409A and 162(m) compliant plans.
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