Employment Litigation

Effectively managing employee compensation and benefits, especially for key executives, is among the most important and sensitive issues that any company faces. Our firm offers a diverse, multi-disciplinary team of lawyers with expertise in employment law, corporate and securities law, litigation, tax law, employee benefits law and labor law. Collaboration between these areas of expertise allows the firm to provide comprehensive and efficient representation to both executives and employers. We negotiate and structure employment agreements as well as provide ongoing advice and counsel.

Whether representing the executive or the employer, we consider all issues related to employment agreements:

  • Providing the structure for calculation of base compensation and bonus arrangements
  • Detailing circumstances of termination (with or without cause)
  • Compensation due upon termination — severance and benefits
  • Restrictive and confidentiality covenants, including non-compete and non-solicitation agreements
  • Tax issues related to employment agreements

Partnership Disputes
Whether dissolving a partnership or settling ongoing matters, our attorneys provide counsel that can be helpful in resolution of partnership disputes.

Executive Employment Disputes

  • Compensation

Many executives receive an opportunity to participate in the equity ownership of their employers, through stock options, purchases or grants of equity or stock appreciation rights. We can counsel the executive in complying with tax law, and negotiating equity compensation and deferred compensation plans, and can assist employers in designing, preparing and implementing equity compensation plans for corporate executives. And, with our deep experience in compensation issues, we offer helpful counsel for employee compensation disputes.

  • Termination 

A well-drafted employment agreement can address many issues in the event of employment terminations, but complications can still arise when the executive is terminated “for cause” or when the executive is in a protected class due to age, gender or ethnic group. We provide counsel and advice to corporations prior to terminations, often determining effective communication and positioning strategies. We negotiate numerous release and separation agreements between executives and the employers. However, if the issues related to the termination cannot be settled, we are equipped to represent either side in court, in arbitration, or before the Equal Employment Opportunity Commission.

Non-Compete Agreement Enforcement
We can help determine if a former executive violated a non-compete agreement and represent you in the case to protect your business interests. Or, if you’re an executive with a non-compete agreement, we’ll review your documentation to determine the boundaries and enforceability of such agreements.