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Executive Compensation and Separation

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

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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.
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Executive Compensation and Separation

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Represented an SaaS company regarding 401(k) plan non-discrimination, vesting, and other operational failures dating back over 7 years. Collaborated with the new CEO to address 401(k) issue requiring deep technical 401(k) experience, including for the IRS Employee Plans Compliance Resolution System (EPCRS) to address plan failings. Also worked with CEO to provide advisement, practical solutions, and communications to both non-highly compensated employees and highly compensated employees.

Represented a client in an executive compensation matter in connection with M&A. Conducted an IRS Section 280G "Golden Parachute" payments analyses for executive with complex agreements, including a stock transfer agreement.

Counseled various senior executives regarding relocation from one company to another including interpretation of restrictive covenants.

Successfully obtained a permanent restraining order in NY Supreme Court Commercial Division against a group of executives who left our client to establish a competitive operation.

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.

Represented former portfolio managers in resolving compensation disputes upon termination of employments.

Represented a British corporation in the sale of a U.S. subsidiary, including the termination of a cross-border option compensation plan.