You are a C-suite officer or senior executive and your company is "in play" and may be acquired. How do you protect yourself or even advance your position in the event of a "successful" acquisition and change in control of your company?
My article on this subject was published March 1, 2016 by CEOWorld magazine. The article first discusses this situation faced by CEOs. COOs, CTOs, CMOs and other C-Suite and senior executives, then advocates self-assessment of your role and importance in the pre-deal and post deal environment, and finally the importance of establishing your role and rights in a retention / change of control agreement. Among the key elements of that agreement are the following:
or my website at https://www.executiveemploymentattorney.com/change-of-control-agreements-a-quick-guide-for-ceos-cfos-and-other-senior-executives/ If you or one of your colleagues is in a change of control situation, I am glad to assist. Please do reach out to me at [email protected]. Robert A. Adelson, Esq. is a corporate and tax attorney and partner at Engel & Schultz LLP, Boston, Massachusetts. He represents C-Level executives and key employees in negotiations over executive employment terms, equity, compensation, relocation, retention and separation agreements, severance packages, and where necessary suits over wrongful termination.
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Last Tuesday, on October 30, 2018, CEOWorld magazine published an article I wrote on “Negotiating the Right Executive Compensation Package for Yourself” The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website.
This article was designed for CEOs and other C-Suite, VPs or other senior executives who when negotiating a new executive job offer or employment contract need to give attention to the executive compensation package that it contains all the key features to fully compensate the CEO or senior executive for the critical services he or she provides to the company and its owners. My article further indicates how in these negotiations, the executive should seek to accomplish several important and distinct goals, including to
The article also discusses how the CEO or senior executive can use these goals and means of achieving them to strengthen his or her position at the company. These negotiations can serve to demonstrate to your new employer your abilities as a skilled executive capable of managing complex situations that affect himself or herself directly. To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2018/10/30/negotiating-the-right-executive-compensation-package-for-yourself/ Or on my website https://www.executiveemploymentattorney.com/negotiating-executive-compensation-package/ 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. It is my hope that this article will be helpful to CEOs and other senior executives who are negotiating the important executive compensation package and equity terms of a new job offer or renegotiation of executive contract terms with your current job or under an executive retention agreement if your company is in play. If you or any colleague of yours has a need in this area, please do reach out to me at [email protected]. Last Tuesday, on September 25, 2018, CEOWorld magazine published an article I wrote on “An Executive Severance Agreement Protects Your Employment, Career and Reputation” The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website. This article was designed for CEOs and other C-Suite, VPs or other senior executives who, when negotiating a new executive job offer or employment contract, need to give attention to severance terms even where the employment is stated to be “at will.” Also, even if severance is not included at the outset, it can be negotiated later, even at the time of employment termination. My article further indicates how severance agreements address continuation of salary and also address other issues that might be very important to the executive including
To see my full CEOWorld magazine. article, go to LINK: http://ceoworld.biz/2018/09/25/an-executive-severance-agreement-protects-your-employment-career-and-reputation/ Or https://www.executiveemploymentattorney.com/articles-section/executive-severance-package/ 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. It is my hope that this article will be helpful to CEOs and other senior executives who are seeking to negotiate severance terms into their job offers, employment contracts or separation agreements, or need help on particular terms of the severance package. 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. This is an article of mine published last week in the September 2018 issue of the IEEE Reflector, the online monthly newspaper, that circulates to the 10,000 members of IEEE in Massachusetts. www.ieee.org My article is featured on page 5 of the current September 2018 issue.
This new law signed by Governor Baker in August goes into effect October 1, 2018 and sets limits to enforceability of non-compete agreements that employers may enter into with exempt employees and contractors, provided those employees leave their positions voluntarily or are terminated for cause. In those cases, to be enforceable, such non-compete agreements must meet the following standards:
The new law will also not affect non-competes that are part of the sale of a business or non-competes that are part of separation agreements negotiated at the time of employment termination. Additionally, the new law expressly excludes application to any restrictions on these other restrictive covenants whose enforcement will be continue to be governed by Massachusetts state common law:
To read my full Reflector article, go to this LINK: https://issuu.com/ieeeboston/docs/septemberdr2018?e=18904825/64145987 and view it on page 5. Or view the article on my website at https://www.executiveemploymentattorney.com/new-massachusetts-law-restricts-non-compete-agreements/ If you have any questions on this article, or questions in dealing with a non-compete agreement for yourself or a colleague, please email me at [email protected]. This is an article of mine published March 27, 2013 on my website at https://www.executiveemploymentattorney.com/articles-section/executive-severance-package/ along with other articles of mine at https://www.executiveemploymentattorney.com/articles-section/
The article indicates how a severance agreement protects executives employed on an at-will or other basis in the event of termination without good cause, and that it is wise to provide for severance terms in an employment agreement or offer sheet at the outset of employment. However, a severance agreement can be made at any time throughout the employment of the executive. The article further indicates how severance agreements address continuation of salary and also address other issues that might be very important to the executive including
Finally, the article also address items the employer may seek including non-competes, releases and waivers and negotiation strategies for executives on such items.
In any of those cases, if you have questions or need assistance, please email me at [email protected] or call 617-875-8665. About Executive Employment Attorney Robert Adelson, Esq. Robert A. Adelson, Esq. has been a corporate, tax and employment attorney since 1977. He graduated Northwestern Law School in Chicago, Law Review, and holds an LL.M. degree in Taxation from NYU. He began as an associate at nationally prominent New York City mega law firms, Dewey Ballantine and Weil Gotshal & Manges. For over 20 years, Adelson has been a partner in small and medium sized Boston law firms, representing CEOs and senior executives on employment, executive compensation, equity and separation matters. |
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