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
A live 90-minute premium CLE video webinar with interactive 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
I. Equity compensation alternatives available to startups
A. Design, structuring, and implementation considerations
II. Tax implications and accounting treatment
III. Section 83 elections
A. Section 409A considerations
IV. Negotiating and drafting executive employment agreements
A. Restrictive covenant provisions
B. Termination provisions
C. 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?
Faculty
J. Marc Fosse
Partner
Seyfarth Shaw
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity... | Read More
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. He regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.
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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.
CloseEarly Discount (through 06/06/25)