We understand the importance of executive compensation in attracting and retaining capable executives and aligning them with the goals of their employer. As executive compensation plans have increasingly become the target of new regulations and Internal Revenue Service scrutiny, we stay current with legal changes and help clients understand the impact of emerging regulations covering a broad range of complex tax issues. We work with employers and executives to design and maintain executive compensation packages individually designed to meet their objectives.
Our representation and experience includes:
- Preparing, designing, and maintaining deferred compensation plans and establishing methods to attract and retain executives
- Advising on and reviewing plans and plan operation for tax, securities, and Employee Retirement Income Security Act (ERISA) issues
- Designing and managing various types of executive compensation plans, including equity and synthetic equity compensation arrangements (e.g., golden handcuffs and parachutes, retention,
- severance, stock options, restricted stock, phantom stock, and stock appreciation rights)
- Counseling regarding Internal Revenue Code Section 409A requirements as they relate to traditional deferred compensation arrangements and nontraditional plans and agreements
- Auditing executive plans and arrangements, including non-qualified deferred compensation, equity arrangements, change in control arrangements, and incentive and supplemental retirement
- plans
- Assisting employers with stock exchange, Securities and Exchange Commission (SEC) and Treasury rules and regulations, including preparation of filings
- Utilizing Code Section 409A correction programs, preparing required reporting statements, and implementing procedures to prevent future errors
- Advising employers regarding executive departures including separation and severance arrangements and preparation of restrictive covenants
