Roberts & Holland LLP

We advise major companies and their executives on all facets of executive compensation, from incentive and nonqualified stock options, to restricted stock plans, stock appreciation rights and phantom stock plans. Limitations on the use of tax-qualified plans for key executives have made nonqualified deferred compensation an increasingly large aspect of our practice, requiring the design of creative deferred compensation arrangements, including long-term incentive compensation plans, SERPs, and excess benefit plans.

Our clients’ need to comply with the complex rules of Section 409A has significantly increased our involvement in reviewing and advising on all types of deferred compensation arrangements. We have also helped clients avoid penalties on potential “excess parachute payments” and other limitations on the deductibility of executive compensation. Where employees desire to invest in the business activities of their employers, we design partnerships and other structures to facilitate such investments.

Management and executive recruiters frequently engage us to act as independent counsel for CEOs and other senior officers negotiating employment agreements and compensation packages with major public and privately held companies. Acting sometimes for the company and other times for the executive, we have designed severance agreements involving “golden handcuffs,” “golden parachutes” and plans to protect the position of management in unfriendly takeovers. Because of our international experience, we also work with international executives and U.S. expatriates to design compensation arrangements structured to minimize the impact of U.S. and foreign income and estate taxation.