Robert Adelson, Esq.
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March 2025 Executive Employment Law Newsletter

3/10/2025

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I hope this email finds you and your family in good health.  We are now into March, with this executive employment law newsletter reaching you on March 4th, which date has a place in US history. On this date, on a cool mostly cloudy afternoon in Washington D.C. 92 years ago, March 4, 1933, Franklin Delano Roosevelt took the oath of office to become the 32nd U.S. President.  He told a nation, during some of the worst days of the Great Depression, that the “only thing we have to fear is fear itself”. With his courage, candor, intelligence, and indomitable spirit, he would go on to lead America through those hard days and then through World War II that would follow, as our nation’s longest serving President.  See link – https://www.youtube.com/watch?v=khFwYWWF6Tc

Meanwhile winter continues.  For those like my wife who relishes her winter sports, I do hope there will be sufficient snow and ice this last month of winter.  For those like me who look forward to warmer weather, perhaps you will get a chance to sneak off for time in the sun in warmer places.
​
March madness will soon begin and to all with your brackets and betting favorites, and for those out there with alma maters in the NCAA Basketball Tournament  – all best of luck! For my two tournament-eligible alma maters, this has not been the best of years, but both still do nurse their slim NCAA Tournament chances. Boston University – with four Patriot League wins in its last five games, the Terriers will host Navy in a first round PL tournament game at the “Roof” this Thursday.  Northwestern, after recent 20-win seasons, has been well below that this season, near the bottom of the 18-team “Big Ten.”  However, with 3 recent Big Ten wins, the Wildcats may finish among the top 15 to at least compete in the Big Ten Conference Tournament, March 12-16 in Indianapolis. So, hoping both BU and NU can stay hot through their respective Conference Tournaments though both are long shots for the 2025 Big Dance.

Meanwhile in men’s college hockey, BU won the Beanpot 4-1 in an upset over BC at TD Garden on Feb. 10, but BC remains firmly no.1 atop the college ice hockey national rankings. Hockey East remains strong with five New England college teams ranked among the top ten in national polls. So perhaps we will see a rare all-Eastern final at the Frozen Four in St. Louis April 10 to 12. All the while, in our professional winter sports, the Bruins are struggling and the Celtics are having a solid season and we can hope both will make the playoffs with a decent playoff run for the Celtics beginning next month. The Celtics will be defending their NBA championship but competition will be stiff.

As for Newsletter items, last week, CEOWORLD magazine published an article of mine on FAQs – my answers to Frequently Asked Questions that I receive on executive compensation, executive equity and negotiations.  Further into this March Newsletter, items #3 and #4 are two older articles of mine, both published in IVYEXEC career advancement website,#3 published in 2022 on leveraging  your strengths in negotiating for key terms in executive retention packages, #4 published in 2023 on terms to negotiate for in your new job offer or employment contract as a Chief Technology Officer (CTO) or a Chief Information Officer (CIO). Item #5 is a special offer also on executive retention. As always,  I hope some of these items might be of interest and  benefit… and my best wishes to all for the rest of March!

1.   Answers to FAQs on Executive Compensation and Equity Packages

My article published a week ago, on Feb. 25, in CEOWORLD magazine, gives answers to a series of frequently asked questions over executive compensation, equity packages and negotiations.  These include when to seek and what to seek for a signing  bonus, how much to seek and how to structure your executive equity, what terms to seek for triggers and benefits in severance, plus my answers to other key questions C-level and senior executives have asked me… questions that you have as well. Read the Article Here

2.  Work with CEOs, C-Suite and Senior Executives, exclusively.

Robert Adelson is an attorney specialized in the representation of CEOs, C-level and senior executives. He no longer represents companies or employers.  Learn about Robert Adelson’s work with CEOs, C-level and senior executives to advise on and improve job offers, employment contracts, stock, RSUs, options, bonuses and other executive compensation matters, plus advice and aid on issues of wrongful termination, severance, exit terms, retention, change of control, other executive issues and more … More Details Here

3.  Executive Retention Packages – Terms and Negotiations

Do you have now, or Do you soon expect an attractive job offer to leave your CEO or senior executive position?  Is your company “in play”?  Are you nearing a funding milestone?  Are there other reasons why your company has dependence on you and strong desire for you not to leave now.  My article, published in 2022 by IVY EXEC career advancement website, discusses the negotiation and terms for retention agreements in those and other circumstances, where you, as the executive have leverage, and seek to realize important protections and benefits in connection with the company’s need to retain your services.  Read the Article Here

4.  Negotiating terms of Your CTO or CIO Job Offer

If you have a new job offer or employment contract as a Chief Technology Officer (CTO) or a Chief Information Officer (CIO) in a tech or life sciences company or another company involved with the internet or innovation economy, my February 2023  article published in IVYEXEC career advancement website,  advises on terms for authority, interface and support for your position, protection of your own ideas and inventions, compensation, equity and other essential terms to negotiate   Read the Article Here

5.      3/2025 Offer:  Good until March 31st  ​

This almost 4-weeks value-packed offer, is as a way to get introduced to my law work: Executive Employment Retention Law Diagnostic — this offer is good through 3/31/25.   More Details Here
It’s always a pleasure to get back in touch with you and other clients, friends, and colleagues.  I hope the links and information provided will be useful to you and that there will be an opportunity for me to work with you on legal matters in the near future. 
Let’s keep in touch! 
Best regards,
Rob
Robert Adelson

*Adelson & Associates, LLC
Executive Employment Attorney
101 Federal Street, 19th Floor
Boston, MA 02110
(617) 204-5601 Law Firm
(617) 204-5602 Direct
(617) 204-5604 Fax
E-mail :  [email protected]
Blog:  https://robadelson.wordpress.com/
Twitter:  @AttorneyAdelson
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/
Website: www.executiveemploymentattorney.com
Note on Adelson & Associates, LLC:
*As mentioned in bullet no. 2 of the January 2020 Business Law Newsletter, Robert A. Adelson is now the Principal of Adelson & Associates, LLC.  For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law and referred legal work to associates of his, trusted and experienced colleagues, as a partner of Engel & Schultz, LLP.  In December 2019, the lead partners of the firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020.  In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new firm’s operations on January 1, 2020, with the new firm taking over, on that date and going forward, all current Robert Adelson clients, matters and operations, as well as all referral of legal work to associates of Robert Adelson.  The new firm’s offices, at 101 Federal Street, 19th Floor, are across the street from the prior offices at One Federal Street, 21st Floor, in Boston’s Financial District.
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Impact of Titles on Your Executive Career — Negotiating Job Titles and More!

7/5/2024

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On Thursday May 23, 2024, CEOWORLD magazine published an article I wrote titled, “Impact of Titles on Your Executive Career — Negotiating Job Titles and more!”
The new article is designed for C-level and senior executives and those executives who aspire to the C-suite. This article discusses how selecting and negotiating for the right job title can be important for your career, including how job titles can impact you professionally, in the following ways:
  • Perceived Status and Influence: Your job title reflects your level of authority and influence, and can position you as a decision-maker and strategic leader.
  • Career Trajectory and Succession Planning: Consistent, relevant titles will enhance your upward mobility, enhancing your chances for a future top role
  • Market Perception and Recruitment: Job titles affect perception of your experience and expertise. Recruiters perform online searches for relevant job titles. The right job title may merit a deeper dive into your credentials.
  • Executive Compensation and Equity: Titles often correlate with compensation packages. and enhanced equity opportunities.
  • External Reputation and Networking: A prestigious title opens doors. This can include invites to industry events, panels and media coverage. This added visibility enhances your reputation and expands your network.
My article then moves on to recommend from past experience strategies to aid you in negotiations over job title and authority within the company.
While my focus in this article, is on your executive job title, at the end of the article, two other areas are also mentioned: executive consulting, and titles in contracts, where titles in those areas too have also been proven important to executives.
C-level executive at her desk
To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/#google_vignette
Or on my website at https://www.executiveemploymentattorney.com/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/
This was my 46th article published in CEOWORLD since 2016. Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.
On its own initiative, CEOWORLDmagazine created on their website a library of Robert Adelson published articles. You can peruse this library and/or read as many of my 46 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/
With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/
Tweeting or X-ing My New CEOWorld article on “Impact of Titles on Your Executive Career — Negotiating Job Titles and more!”If you tweet or X and would like to tweet or X my article, here are my six (6) tweets to retweet one or more or to use in your own tweet or x –
5/23/24 article @ceoworld by @attorneyadelson for #CLevel #executives #VPs and other #Seniorexecutives and those aspiring for #CSuite #positions on the #Impact of #Titles on Your #ExecutiveCareer — #Negotiating #JobTitles and more! https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
5/23/24 article @ceoworld by @attorneyadelson for #CLevel and #Seniorexecutives and those aspiring for #CSuite on #Impact of your #JobTitle for #levelofauthority & #influence to #positionyou as a #decisionmaker & #strategicleader https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
5/23/24 article @ceoworld by @attorneyadelson for #CLevel #Seniorexecutives & those #aspiring for #CSuite on #Impact of #JobTitle on your #CareerTrajectory to #enhance your #upwardmobility & chances for your #succession to #toprole https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
5/23/24 article @ceoworld by @attorneyadelson for #CLevel #Seniorexecutives on #Impact of #JobTitle on #MarketPerception & #Recruiters who perform #onlinesearches for #relevantjobtitles to so merit #deeperdive into #yourcredentials https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
5/23/24 article @ceoworld by @attorneyadelson for #CLevel #Seniorexecutives on #Impact of #JobTitle for enhanced #ExecutiveCompensation & #Equity plus #openingdoors to #industryevents #panels #mediacoverage to build your #reputation https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
5/23/24 article @ceoworld by @attorneyadelson for #CLevel #Seniorexecutives on #Impact of #Title on Your #ExecutiveCareer including #changing #contracttitle from #separationandrelease to #transitionagreement prevented #disparagement https://ceoworld.biz/2024/05/23/impact-of-titles-on-your-executive-career-negotiating-job-titles-and-more/ via @CEOWORLD magazine
It is my hope this new article will bring greater awareness among C-level, VPs and other senior executives of the importance of titles and negotiating for the right title to enhance your career.
If you or any colleague of yours has a need in this area, please do reach out to me — [email protected] or call 617–875–8665.
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Essential Employment Terms for Female Executives

7/5/2023

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Ten days ago, on Monday June 26, 2023, the executive career advancement website IvyExec published an article I wrote on “Essential Employment Terms for Female Executives”.
Despite significant advances in employment laws, gender inequality remains an area of both concern and controversy. Women continue to lag behind men, even at the CEO, C-suite and senior executive level, when it comes to executive compensation, opportunity for advancement, job status and equity sharing, to name just a few.
Many women still have to prove themselves as trail blazers for their gender in all-male executive management teams that still operate as the “old boys club” with a locker room mentality toward women.
This article discusses hurdles faced today by women with regard to
  • Hiring — achieving equal pay, benefits and other key terms in hiring
  • Change of Control — achieving equal treatment for contributions made that have brought about a successful exit and change of control for the company
  • Harassment & Termination — Circumstances where despite their professional attitude and achievements, women are not judged on merit, but instead face gender-based workplace harassment, threatened and even actual employment termination.
In each instance this article discusses not only these circumstances but also actions for women CEOs and senior executives to take to protect their interests, obtain their proper rights and benefits, and continue their path of career advancement.
To see my full article, go to LINK: https://ivyexec.com/career-advice/2023/essential-employment-terms-for-female-executives
or my website at https://www.executiveemploymentattorney.com/essential-employment-terms-for-female-executives/
IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/
IvyExec claims a “Community of 2.5M+ Leaders”.
See also — https://www.ivyexec.com/
It is the goal of this article and my work in this field to aid women CEOs and senior executives in facing these special challenges when they arise and overcoming these challenges while keeping their careers on the upward trajectory. If you or any colleague of yours has a need in this area, please do reach out to me at [email protected] or call 617–875–8665.
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Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?

6/10/2022

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On Friday May 27, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?”

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives. 

My article makes the point that most executive employment in the USA is “at will” employment.  That means you can be fired at any time for any reason or no reason.  However, you cannot be fired for the wrong reason.  If you are fired for the wrong reason, despite being an at-will employee, you may have a claim for wrongful termination.

What is wrongful termination?  My article mentions a number of things an employer can do that could give rise to a wrongful termination claim, including these:
  • Violating terms of an employee manual
  • Violating terms of an oral agreement that you relied upon to your detriment, also called a claim of “implied contract” or “promissory estoppel”
  • Termination motivated by wrongful discrimination if you fit into a protected class – such as race, gender, age, national origin, sexual orientation.
  • Failure to observe good faith and fair dealing
  • Whistleblowing and retaliation.

In addition, you might potentially obtain damages if you quit employment over a hostile work environment or if conditions which have been made so difficult that you can claim constructive discharge.

After the discussion of potential claims, my article in its second part offers suggestions to you on what you might potentially seek in wrongful termination case or in settlement or severance negotiations with your employer

To see my full IvyExec  article, go to LINK:
https://www.ivyexec.com/career-advice/2022/executive-termination-youve-been-fire-do-you-have-a-claim-for-wrongful-termination/

Or on my website at https://www.executiveemploymentattorney.com/executive-termination-if-youve-been-fired-or-face-that-do-you-have-a-claim-for-wrongful-termination/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience.  In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals.  IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.  https://www.ivyexec.com/career-advice/write-for-us/
IvyExec claims a “Community of 2.5M+ Leaders”.

It is my hope that this article will be of benefit to  C-level and senior executives who have been fired or may face employment termination in situations where you might have a claim for severance based on various potential claims for wrongful termination if you have been fired or constructive discharge if you feel forced to resign…  Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me.
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Are You Getting the C-Suite Executive Salary You Deserve?

2/10/2022

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On January 26, 2022, the career advice website Ivy Exec published under executive “Leadership” an article  I wrote on “Are You Getting the C-Suite Executive Salary You Deserve?

This new article is designed for designed for CEOs, C-level and senior executives, who are negotiating new job offers where, in my view, the normal metrics a Gartner or Mercer surveys are just not appropriate for the CEO or C-level executive compensation package, and I am called upon to suggest, design and then lead the negotiations for a custom executive compensation package.

My article first suggests three situations well suited to justify development and deployment of a custom executive compensation package:
  • Start-up and early stage company CEOs,
  • Turnaround CEO situation, and
  • Special needs executive recruitment – where a CEO or C-level executive has special attributes that fill a critical need for the company.

My article then moves on to discuss that the custom package must not only make up for your loss of pay and benefits to leave your current employer, but even more so, to make up for three further critical intangibles as well, and hence – what should be included on your custom executive compensation package? And how much equity compensation should you ask for? 

The article then concludes with my suggestions for how the executive can achieve company “Buy-in” – how do you sell the custom CEO or C-level executive compensation package to a skeptical employer?  This last part shares there of my best “sales” techniques:
  • You (employer) want and need an “A” team player and one who will attract more A team players to the company.
  • You want alignment and this custom package greatly magnifies alignment, and
  • Success for my executive, even with this full custom package, means vastly greater success to the company’s stockholders, often 10x, 15x and even 20x pay back return for the company’s stockholders, if the CEO or C-level executive succeeds in his or her mission, and costs little or nothing if he or she does not succeed.

​To see my full IvyExec article, go to LINK: https://www.ivyexec.com/career-advice/2021/executive-equity-structure/

Or on my website at https://www.executiveemploymentattorney.com/are-you-getting-the-c-suite-executive-salary-you-deserve/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience.  In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals.  IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.  https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”.

It is my hope that this article will be of benefit to C-level and senior executives who are considering job offers in situations where a custom executive compensation package of salary, bonus, and equity is appropriate.  Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me.
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