A key element of either operating a successful business, or conducting a transaction involving one, is the compensation of key management talent. It is also true that the legal, regulatory and tax ramifications of compensation are more complex than ever. Compensation is how you attract, motivate, reward and protect top talent. It’s the source of your competitive edge. But it’s also immensely complex, and can have a profound impact for years to come. Martin LLP can help.
Our executive compensation team advises clients on all aspects of executive compensation arrangements and employment agreements. This includes both public and private companies, partnerships, private equity firms, compensation committees, boards of directors, management teams, and individual executives. We assist with the negotiation, drafting and compliance aspects of equity-based compensation; as well as preparation of severance, employment, change in control, bonus, non-compete and retention agreements. We also provide counsel on deferred compensation and retirement plans, and provide counsel on the tax, corporate, securities, ERISA and employment law aspects of all of these programs, as well as fiduciary aspects of administering them.
One of the special advantage Martin offers clients is our interdisciplinary approach. Our attorneys work as an efficient, high-performance team, either in partnership with other professionals and the client, or independently. One example of this is in managing the heightened public profile of compensation issues. Particularly for public companies, compensation is under renewed, and intense, public scrutiny. This has resulted in both state and federal regulation, and an increase in risk. Martin’s executive compensation attorneys help clients manage this risk by helping to develop compensation programs that both comply with constantly-changing regulations, and observe all relevant disclosure requirements.
Another example is the role of compensation in structuring transactions. Whether what is at issue is an acquisition, a divestiture or a round of financing, key executives typically play a key role in determining the viability of a proposed transaction. Our executive compensation attorneys are experienced at working closely with the lawyers from our Corporate group to evaluate the role of compensation in a contemplated transaction, and structure arrangements accordingly, in order to both minimize risk and maximize the incentivization inherent in the deal.
We also advise executives in transition, assisting them with negotiating new employment and compensation arrangements with new employers, and with negotiating their exit arrangements with previous employers, and understanding the legal consequences of both.