Executive Compensation and Separation

Whether the employer is a private or public company, executive compensation involves multiple practice areas such as employment, tax, and securities – Barton has them all covered. From negotiating executive arrangements to drafting agreements to litigating disputes, Barton can take either employers or executives through the process from start to finish.  A typical executive compensation engagement might include any of the following:

• Negotiating and drafting term sheets, offer letters, and employment agreements.
• Analyzing and interpreting all types of equity agreements including options, restricted shares, RSUs, phantom equity, and profit sharing.
• Negotiating severance agreements and determining 409A compliance issues.
• Assisting with deferred compensation plans and early retirement arrangements.
• Reviewing restrictive covenants and representing both companies and executives in enforcement actions.
• Representing the interest of executive teams in business transactions.
• Reviewing executive and equity agreements for companies as part of diligence in mergers and acquisitions.
• Helping publicly traded companies with SEC filings related to named executive officers and communications.
• Working with boards of directors and compensation committees to determine impact of change in control, acceleration rights of terminated employees, and repurchase options for vested equity.