- Advising on institutional shareholder expectations and requirements
- Advising pre-IPO companies on their compensation arrangements
- Advising on various tax issues relating to the deductibility of compensation
- Negotiating and preparing documents for the hiring and firing of key employees
- Drafting executive agreements under U.S. and/or PRC laws
- Structuring international compensation arrangements, including recharge agreements, international assignments and secondment agreements
- Negotiating, designing and drafting compensatory profits interests for partnerships and LLCs taxed as a partnership
- Designing, drafting and administering retirement plans (e.g. 401(k), 403(b) and defined benefit plans) and health and welfare plans (including self-funded arrangements)
Transactions: Advises clients on compensation and benefit issues associated with corporate transactions, including:
- Tailoring of transaction documents
- Performing Section 280G analyses and associated benchmarking
- Designing change-in-control bonus plans, management carve-out agreements and other retention arrangements
- Drafting option cancellation/assumption agreements and inducement plans
- Negotiating non-compete and non-solicitation clauses
- Addressing incentive and retention issues
- Merging employee benefit plans
Section 409A: Helps clients comply with all aspects of Section 409A and its application to traditional non-qualified deferred compensation arrangements, equity plans, employment and severance arrangements, bonus arrangements and reimbursement arrangements
ESOPs: Designs and implements a business owner's sale of stock to an employee stock ownership plan for the purpose of triggering an exit strategy, deferring capital gains taxes and implementing succession strategies
Executive Representation: Represents numerous executives in complex negotiations of their hiring or termination of employment
