Designing Equity Compensation and Employment Agreements for Startup and Emerging Growth Companies

Drafting Confidentiality and Non-Disclosure Provisions; Structuring Employee Stock Options, Restricted Stock and Deferred Comp

Recording of a 90-minute CLE/CPE webinar with Q&A


Conducted on Tuesday, December 6, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE/CPE webinar will provide benefits counsel with guidance on structuring and negotiating equity compensation arrangements and employment agreements for startups and emerging growth companies. Our authoritative panel will offer strategic approaches for using these vital tools to attract talent to build and grow companies while avoiding common pitfalls that can hamper progress.

Description

Several alternatives are available to startups and emerging growth companies for providing equity compensation to their employees when the company may not be in the position to offer high salaries. Employee stock options, restricted stock, deferred compensation arrangements and employee stock plans can help startups attract the talent needed for success. However, these arrangements present complex design, structuring and tax challenges for benefits counsel, including how to structure equity arrangements, when to avoid the pitfalls of Section 409A, and when 83(b) elections should be made.

Startups should also strategically use employment agreements to protect the company’s interests during the critical early years. Confidentiality, nondisclosure and non-disparagement provisions can help protect a startup’s proprietary information and intellectual property. Termination clauses and restrictive covenants are among the most effective and vigorously negotiated provisions of executive employment agreements.

Listen as our experienced panel of executive compensation practitioners discusses best practices for structuring and negotiating equity compensation arrangements and employment agreements for startups and emerging growth companies. The authoritative panel will offer strategic approaches for using these vital tools to build and grow companies while avoiding common pitfalls that can hamper progress.

READ MORE

Outline

  1. Equity compensation alternatives available to startups
    1. Design, structuring and implementation considerations
    2. Tax implications and accounting treatment
      1. Section 83 elections
      2. Section 409A considerations
  2. Negotiating and drafting executive employment agreements
    1. Restrictive covenant provisions
    2. Termination provisions
    3. Confidentiality, non-disclosure, non-disparagement provisions
    4. Section 409A considerations for severance agreements

Benefits

The panel will review these and other key issues:

  • How does IRC Section 409A impact the drafting of employment agreements, equity agreements, severance plans and agreements?
  • What are best practices in drafting termination provisions that minimize post-employment disputes?
  • What are the most effective restrictive covenant provisions to maximize enforceability?
  • What are common pitfalls in deferring compensation?

Faculty

Lampron, Shawn
Shawn E. Lampron

Partner
Fenwick & West

Ms. Lampron focuses her practice on executive compensation and employee benefits for emerging growth businesses, public...  |  Read More

Mort, Marshall
Marshall Mort

Atty
Fenwick & West

Mr. Mort focuses his practice on representation of public and private technology and life sciences companies in a wide...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

CPE Not Available

$297