Executive Compensation Top Talent

Market disruption, media coverage, and pressure from institutional investors have in recent years put executive compensation in the spotlight. At the same time, the global war for top talent requires a sophisticated understanding of what attracts and retains quality leadership. Our team assists clients in the design, implementation, and maintenance of a wide variety of compensation plans. With each client, we are mindful of the tax, accounting, and litigious implications related to specific aspects of severance agreements, nonqualified trusts, and equity compensation plans.

Reach

Planning For Change

In addition to assisting clients with review and design funding arrangements for a broad variety of compensation arrangements, we help manage transitions, including reductions in force, corporate restructuring, and change in control. Our team works closely with Kilpatrick’s deep bench of employment practitioners on developing severance agreements with senior executives, drawing upon our experience in various related tax laws. In particular, we assist clients in facing leading challenges in the area of executive compensation, including the complex rules associated with Sections 409A and 162(m) of the Internal Revenue Code.

Approach

Global Outreach

For companies operating across international borders, our attorneys provide guidance on maximizing the competitive advantage of offering equity compensation and other benefits on a multinational basis. We advise on the establishment, geographic expansion, and day-to-day operation of multinational equity compensation arrangements, including stock options and qualified employee stock ownership plans. We also leverage strong, long-term relationships with leading employment and compensation firms around the world.

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Experience

Redesigned the executive deferral plans, split dollar life insurance plans, and executive health plans for a major North American bottled water company for Code Section 409A compliance.

Served as outside general counsel for major office supply retailing company regarding all executive compensation and employee benefits matters.

Represented a leading furniture rental and rent-to-own company regarding executive compensation and employee benefit matters.

Advised a major manufacturer concerning executive and equity compensation arrangements.

Provided comprehensive benefits and compensation advice to the world’s leading source of commercial information and insight on businesses, including a comprehensive revision of its plan governance structure.

Prepared provisions for qualified and nonqualified plans to implement a benefits structure for executives transferring between international and domestic work sites of a Fortune 500 fast food operator.

Represented the compensation committee of a publicly-traded company in updating and renegotiating the employment agreements of the CEO and other senior executives.

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