Executive Employment Agreements
Structuring Termination, Restrictive Covenant and Clawback Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide practitioners with an examination of three critical provisions of an executive employment agreement: clawbacks, restrictive covenants and termination of employment. The panel will outline best practices for counsel on both sides to draft and negotiate effective provisions.
- Termination after change of control
- Severance considerations
Restrictive covenant provisions
- Scope and breadth
- Drafting pitfalls
- Enforcement problems
- Alternative strategies
Executive clawback provisions
- SEC actions under SOX Section 304
- Dodd-Frank clawback mandates and regulatory initiatives
- Best practices for drafting clawback policies and agreements
The panel will review these and other key questions:
- What are best practices in drafting termination provisions that minimize post-employment disputes?
- What are the most effective restrictive covenant provisions to maximize enforceability?
- How do the Dodd-Frank clawback mandates differ from clawback provisions under SOX Section 304?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Andrea S. Rattner
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.Close
Edwards Wildman Palmer
In her employee benefits and executive compensation practice, she has represented executives, public and private... | Read More
In her employee benefits and executive compensation practice, she has represented executives, public and private companies, tax exempt organizations and various bankruptcy constituencies in the design and drafting of executive compensation arrangements, stock option and other equity plans, retirement plans, employment agreements, severance plans and agreements, and other benefits provisions.Close
Austin S. Lilling
Akin Gump Strauss Hauer & Feld LLP
Mr. Lilling's practice focuses on issues related to design, implementation and administration of employee benefit... | Read More
Mr. Lilling's practice focuses on issues related to design, implementation and administration of employee benefit plans, employment/separation arrangements, and compensation programs. His tax and corporate law projects include advising individuals and entities on Code Sections 409A and 457A, multiemployer and single employer pension plan issues, executive employment agreements and partnership compensation.Close