The Firm provides legal counsel to both companies and many corporate executives, especially those in the “C” Level positions. The legal needs of an executive are many. The Firm provides a full range of services to protect these legal needs. We also regularly counsels companies to help effectively manage their key level executives. Effectively managing employee compensation and benefits is a vital and sensitive issue. Many executives and companies need on-going advice and counsel to not only negotiate and execute a competitive employment agreement, but also to help the executive maintain one’s position within the company during difficult times. Our Firm offers a diverse, multi-disciplinary team of lawyers with expertise in:

• Litigation
• Employment law
• Tax law
• Corporate and securities law
• Employee benefits law

Coordination of these areas of expertise allows us to provide comprehensive and efficient representation to both executives and employers regarding many contractual and litigation issues arising out of this employer-employee relationship. Whether representing the executive or the employer, we consider all relevant issues related to executive employment agreements, such as:

• 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, non-solicitation and anti-raiding agreements
• Tax issues related to employment agreements

Many executives have the opportunity to participate in the equity ownership of their employers through stock options, purchases or grants of equity and/or stock appreciation. We counsel executives in complying with tax law, and negotiating equity and/or deferred compensation plans. We also assist employers in designing, preparing and implementing equity compensation plans for corporate executives.

A well-drafted employment agreement can address many issues in the event of employment terminations. However, complications can still arise when the executive is terminated “for cause.” We provide counsel and advice to corporations and executives prior to and after terminations, often determining effective communication and positioning strategies.

We negotiate release and separation agreements between executives and employers, but if the issues cannot be settled, we’re equipped to represent either side in court, in arbitration, or before the Equal Employment Opportunity Commission. Litigation issues we address for our clients include terminations, both with and without cause. We have regularly litigated cases involving executives, including issues over wrongful termination of an executive, breach of covenant not to compete and theft of trade secrets.

Please contact Jim Drakeley with any questions about Executive Representation or Employment Agreements. In addition to our Executive Representation services, we also represent clients in Employment Litigation cases.