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.
Published: Benefits & Compensation Update, December 29, 2017
Published: New York Law Journal, December 21, 2017
Published: Benefits & Compensation Update, March 17, 2017
Published: Tax Management Compensation Planning Journal, September 2, 2016
Published: Benefits & Compensation Update, April 22, 2016
Published: New York Law Journal, August 20, 2015
Published: New York Law Journal, June 19, 2014
Published: Estate & Gift Tax Planning Newsletter, February 27, 2014
Published: R&H Letter to Clients and Friends, December 10, 2013
Published: New York Law Journal, August 15, 2013
Published: New York Law Journal, October 18, 2012
Published: New York Law Journal, August 16, 2012
Published: R&H Letter to Clients and Friends, November 23, 2010
Published: New York Law Journal, April 16, 2009
Published: New York Law Journal, December 18, 2008
Published: R&H Letter to Clients and Friends, October 15, 2008
Published: The Tax Executive, June 01, 2007
Published: The Tax Executive, November 15, 2004
Published: New York Law Journal, June 25, 1998
Published: The Tax Executive, December 01, 1997