Designing Equity Compensation and Employment Agreements for Startup and Emerging Growth Companies
Drafting Confidentiality and Nondisclosure Provisions; Structuring Employee Stock Options, Restricted Stock, and Deferred Comp
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide benefits counsel with guidance on structuring and negotiating equity compensation arrangements and employment agreements for startups and emerging growth companies. The 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.
Outline
- Equity compensation alternatives available to startups
- Design, structuring, and implementation considerations
- Tax implications and accounting treatment
- Section 83 elections
- Section 409A considerations
- Negotiating and drafting executive employment agreements
- Restrictive covenant provisions
- Termination provisions
- Section 409A considerations for severance agreements
Benefits
The panel will review these and other high priority issues:
- How does IRC Section 409A impact the drafting of employment agreements, equity agreements, and severance plans?
- 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 the common pitfalls in deferring compensation?
- What are common constraints in converting cash incentives (e.g., salary, bonus) into equity awards?
Faculty
Shawn E. Lampron
Partner
Fenwick & West
Ms. Lampron focuses her practice on executive compensation and employee benefits for emerging growth businesses, public... | Read More
Ms. Lampron focuses her practice on executive compensation and employee benefits for emerging growth businesses, public companies, and venture and institutional investors. She works with clients to structure compensation and benefit programs covering the full spectrum of equity and cash compensation arrangements, including all types of employee stock options, restricted stock, employee stock plans, employment agreements, deferred compensation, and other fringe benefit arrangements. Ms. Lampron was most recently part of the team that represented Fitbit in its $732 million IPO in June 2015.
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Marshall Mort
Partner
Fenwick & West
Mr. Mort focuses his practice on representation of public and private technology and life sciences companies in a wide... | Read More
Mr. Mort focuses his practice on representation of public and private technology and life sciences companies in a wide variety of corporate transactions. He advises on the issues that regularly arise with equity plans, executive compensation agreements and other employment benefit arrangements when clients are involved in mergers, acquisitions, public securities offerings, onboarding and terminations.
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