Structuring and Negotiating Executive Compensation Packages: Addressing Pay, Severance, Restrictive Covenants, and More

Webinar: ID# 1026350
Recorded CD or On-Demand
About This Course:
This CLE webinar will provide ERISA, compensation and HR counsel with strategies for structuring and negotiating executive employment agreements. The panelists will discuss considerations and best practices when drafting provisions regarding compensation, severance, restrictive covenants and other key terms.

Structuring employment agreements with senior executives can raise significant legal issues, considerations and consequences for employers and executives, including tax, securities, corporate and employment law, among others.

Additionally, because employment agreements for public company executives must often be publicly disclosed, these agreements and the amounts payable under them are subject to scrutiny from shareholders and their advisors, governmental agencies and others.

Counsel must prepare to anticipate and avoid pitfalls that lurk in the details of an executive employment agreement. There are various important provisions, including those addressing incentive pay, equity grants and severance entitlements (including the circumstances triggering payment and release requirements). Special considerations that arise in the context of a change in control will also be addressed. The restrictive covenants landscape is constantly changing, and our panel will address recent developments regarding those arrangements.

Listen as our panel reviews the various types of executive compensation; techniques and considerations for negotiating severance provisions; best practices for drafting restrictive covenants; and more. The panelists will discuss relevant legal issues with an emphasis on addressing practical real-life situations.

  • Threshold considerations
    • Pros/cons of entering into executive employment agreements
    • Term
    • Title/duties
    • Reporting
  • Types of compensation
    • Base salary
    • Bonus/short-term incentive pay
    • Long-term incentive pay
    • Benefits and prerequisites
  • Negotiating severance
  • Change in control considerations
  • Restrictive covenants
  • Other key provisions and considerations

The panel will review these and other key issues:
  • When employment agreements are appropriate
  • What types of compensation structures that must be considered when negotiating and drafting an executive employment agreement
  • How tax considerations for different forms of compensation
  • What are the “hot-button” executive compensation issues from an investor’s perspective
  • How to handle the release requirement in order for an executive to receive severance
  • How an employer can bolster the enforceability of restrictive covenants
  • When and how to include change in control protections
How To Access Course And Materials

Handout materials and the phone number for live presentations are made available to you one day prior to the event via email from the presenter. Copies of the presentations are included with recorded versions.

If you order a recorded version of the webinar, CDs will be mailed out approximately 10 days after the live event. Shipping is included in the price of recorded versions.

Continuing Education Credits Available

This program has been approved for 2.0 CPE hours through Strafford Publications. To obtain CPE credit, attendees must participate in the live event (recorded versions do not qualify for credit), return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person.

Strafford will mail a certificate of credit within approximately two weeks of receiving your completed Official Record of Attendance, provided all required conditions have been satisfied.

Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.
Structuring and Negotiating Executive Compensation Packages: Addressing Pay, Severance, Restrictive Covenants, and More
Available on CD or On-Demand formats
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