Executive Compensation & Agreements

Our goal is to collaborate with our business clients and key executives to find creative solutions in recruiting, retaining, motivating and appropriately rewarding key employees. We have extensive experience with all types of compensation arrangements and with the complex tax, accounting and legal issues associated with:

Equity-based compensation and long-term incentive plans including stock options, restricted stock, performance shares, stock appreciation rights and phantom stock plans
Bonus plans designed to comply with IRC Section 162(m)
Deferred compensation plans
Retirement plans and supplemental executive retirement plans (SERPs)
Severance and change-in-control plans
Bank-owned life insurance (BOLI), split dollar life insurance and rabbi trusts

We review and draft plan documents and employee agreements and provide advice on:

Tax matters 162(m), 409A and 280G
For public companies, proxy statement and 8-K disclosure requirements including Compensation Discussion & Analysis (CD&A) and registration of plan interests and other securities on Form S-8, as well as, Section 16 disclosure and liability issues
Stock option and other equity grant practices and procedures
Accounting issues, such as FAS 123r, associated with benefits arrangements and equity based compensation
Key employee benefits issues in mergers, acquisitions, divestitures and significant business transactions
Board of directors and board committee actions, including presentations of key issues and the preparation of board packages and minutes of meetings