Restricted stock can be offered in lieu of cash to deliver immediate value with a strike price2/25/2020 Restricted stock can be offered in lieu of cash to deliver immediate value with a strike price much less than current fair market value. For senior recruits, technical or executive, you want to offer more to beat the competition – restricted stock does this. Robert Adelson, an executive compensation attorney, negotiates executive compensation; in one representative case, he worked with executive Steve Miles* to set up a vesting schedule to later grant him compensation in the form of stock.  By using its stock, the company avoided cash cost, and stock offers key advantages that make equity more valuable to employees than cash. Some of these benefits are:
In addition, restricted stockholders usually provide voting rights. As a result of the benefits of restricted stock, the use of this form of employee compensation has become very popular. Since the issue of founders' shares is deductible, the company can save money that would have gone to taxes by using stock for pay. The tax windfall can also be used creatively to enhance efforts to recruit or retain key people. This is done by sharing the company's tax windfall with employees. As an executive employment attorney, Robert Adelson works with C-level executives everyday and sees that when growth is the priority, cash savings are important, and building the team is critical – stock options provide lucrative advantages for both the company and the executive. When working with executive Steve Miles, Robert Adelson negotiated his employment compensation and set up a several year vesting plan with attainable restrictions. This allowed the company to avoid cash cost and gave Mr. Miles compensation to work and look forward to down the road. Attorney Adelson also worked with the Company to grant Mr. Miles voting rights, like any other shareholder would have. A main advantage with restricted stocks is that they differ from other stock options and still retain some value if the price were to go down. Attorney Robert Adelson frequently represents employees and executives negotiating their executive contract terms, stock, options, relocation, non-competes, termination and separation agreements. He also represents startup and smaller companies in software, medical device and other technology-based fields, independent consultants with compensation and stockholder arrangements, incorporation and liability protection, intellectual property protection, and in vendor, client and subcontractor contracting arrangements. Executive Steve Miles was a key employee and through the negotiation of his executive employment agreement; Attorney Adelson was able to grant him a lucrative and flexible form of executive compensation. *All dates, client’s names and companies have been altered to keep confidentiality.
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A week ago, on October 30, 2019, CEOWorld magazine published an article I wrote on “Executive Equity Compensation in Severance Negotiations”. The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website.  This was my 25th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.
See https://ceoworld.biz/author/robert-adelson/ This article, my most recent, published October 30, is designed for CEOs, C-level and senior executives, for whom equity can often be the most valuable part of their executive compensation package. The article addresses the question – what happens to that equity position if you face employment termination – and offers tips for severance negotiations over equity, including
https://ceoworld.biz/2019/10/30/executive-equity-compensation-in-severance-negotiations/ Or on my website at https://www.executiveemploymentattorney.com/executive-equity-compensation-in-severance-negotiations/ 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/ The editor has also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field. See https://ceoworld.biz/author/robert-adelson/ It is my hope that this article will be helpful to CEOs, COOs, CMOs, other C-Level and senior executives to provide for appropriate terms to protect their equity rights in any present or future severance negotiations. If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com. On October 1, 2019, CEOWorld magazine published an article I wrote on “Executive Compensation in a Pre-IPO Company.” The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website. This was my 24th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field. This article, my most recent, published October 1, is designed for C-level and senior executives in private companies that are planning for or soon contemplate an initial public offering. The article discusses executive compensation in public companies, then executive compensation in private companies and the transition from a private company to a public company. The article offers further tips to the executive facing and negotiating that transition including
 To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2019/10/01/executive-compensation-in-a-pre-ipo-company/ Or on my website at https://www.executiveemploymentattorney.com/executive-compensation-in-a-pre-ipo-company/  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, COOs, CMOs, other C-Level and senior executives in pre-IPO companies may benefit from this article. If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com. Executive employment agreements and equity arrangements are the “golden keys” that unlock “golden handcuffs”. Signing bonuses serve as the key to open the door to hiring. Vesting options, bonuses and other “golden handcuff” benefits make executives more reluctant to leave their current position for a new one. However, signing bonuses are often used as a tool of persuasion – urging an executive to sign with a new company. Signing bonuses are crucial when accompanying a job offer that has a lower salary than an executive wants. CEO, Maria Leone* sought out the counsel of Attorney Robert Adelson who helped her negotiate an increased signing bonus with a new firm that expressed interest in hiring her. Maria Leone was currently working as a CEO at a NY ad agency where she made a comfortable salary with foreseeable bonuses and vesting options, however when a young, rising agency (we will call Marketing X*) expressed interest with a higher salary Maria grew interested. Since the Marketing X was still young, and the salary the company was offering was not substantially higher Maria wanted to explore her options and negotiate her executive contract terms.  Attorney Adelson negotiated the executive’s employment agreement as well as her equity arrangements, convincing Marketing X to set up a package with stock and options to reward Maria’s loyalty later down the road. Attorney Adelson also negotiated a substantial increase in the signing bonus and an increased salary as well. The signing bonuses and equity arrangements that Marketing X arranged from Maria Leone helped make her particular transition between companies smooth and lucrative, making Maria whole for what she lost when leaving her current position.
Robert Adelson was successful with this representative case because he applied his over 30 years experience, care and time to help Maria Leone achieve a more desirable position. As a Boston executive employment attorney, with clients across the country, Attorney Adelson has helped many executives negotiate signing bonuses and employment agreements. This representative case highlights the success that Attorney Adelson’s executive compensation negotiations led to for CEO Maria Leone. *All dates, client’s names and companies have been altered to keep confidentiality. On May 28, 2019, CEOWorld magazine published an article I wrote on “Negotiating Your COO Employment Agreement” The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website. This article is designed for Chief Operating Officers (COOs) hired to oversee all areas of company operations, including production, marketing and sales, and research and development. My article also recognizes that a COO can also be hired for further specific missions including any of the following:
My article discusses delineation of your duties, responsibilities, authority and reporting and including in those special circumstances listed above. My article also offers suggestions for your COO offer letter or employment contract to include key executive employment terms on which you rely to take the job. My article next discusses what to seek in getting the right COO Executive Compensation Package, and concludes with a discussion of severance rights to enable you to protect the terms of your bargain reached with the company. To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2019/05/28/negotiating-your-coo-employment-agreement/ Or my website at https://www.executiveemploymentattorney.com/negotiating-your-coo-employment-agreement/  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.
With the editor’s email to me of May 28, 2019, advising me of publication, I was also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” See https://ceoworld.biz/author/robert-adelson/ It is my hope that this article will be helpful to senior executives in technology, life sciences and other fields and industries, who are being recruited and have now, or anticipate soon receiving, an attractive offer to serve as COO, the chief operating officer with need to review the job offer or executive employment contract including special circumstances included in the position. If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com. |
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