Senior executives are best served by using a lawyer with deep experience with negotiating executive agreements. Don't go it alone. Reach out to us before you begin your discussions with your current or prospective employer. Do not rush to accept an agreement on the company's time schedule for superficial "business reasons" such as a trade show announcement of your hire or an upcoming Form 8-K to be filed for other reasons such as an earnings release.
We will help you evaluate and assert your leverage. We will explore your circumstances and the company's position. Each situation is unique. You may have more (or less) negotiating power than you think. To be better informed, we can also access compensation data for your industry and your position.
In any negotiations we will assume the role and tone that you prefer us to take, from just commenting on a draft term sheet on a behind the scenes basis to engaging directly nose-to-nose on your behalf with company counsel.
In addition to assistance with negotiations, we can provide a complete analysis of any executive employment, severance, change of control, bonus or equity compensation plan document that is offered by your company. We understand business performance metrics and equity vesting conditions. We know all of the subtopics involved from tax (e.g., section 409A payment delays, golden parachute excise taxes) to drafting pitfalls (e.g., overbearing definitions of cause, overbroad company rights to equitable remedies).
Our experience in representing executives covers all stages of companies, ranging from CEOs at early-stage venture and private equity backed companies, to complete executive team representation in buy-outs, to employment agreements for public company executives.
We work in all industries, including life sciences, medical devices, software, industrial manufacturing, and hospitality just to mention a few.
Are there executive compensation matters that we won't take on? Yes. We will refer you to IP lawyers for significant patent and trademark issues. We also don't litigate employment law disputes such as temporary restraining orders and injunctions resulting from potential violations of trade secrets, non-solicitation and other restrictive covenants. We can steer you to employment law litigators for such matters.