Executive Compensation and Separation

Barton represents both employers and high-level executives, managing directors, and other senior personnel in connection with all things related to compensation of executives.

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.

Barton also represents high-level executives, managing directors, and other senior personnel in connection with the negotiation of their compensation and severance arrangements. This can include deferred or restricted equity, earn-outs, and bonus and stock option plans.

Work in this Area

Executive Compensation and Separation

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Representative Matters
  • Negotiated Multi-Year Employment Agreements for Sr. Execs
    • Represented a leading privately-owned fashion business in the negotiation of multi-year employment agreements for its senior executives.A key aspect of the employment agreements was the design and structure of an equity-based incentive plan that met the specifications of the owner of the business and at the same time incentivized the executives.The entire package was custom-tailored to the needs of the business and its industry.