This presentation was given eight weeks ago on May 17, 2022, for the Boston Entrepreneurs’ Network (ENET), where I was one of three invited speakers for the ENET’s webinar that evening on the topic “Recruiting Board Members and Senior Executives”.

As I explained to the ENET audience that night, since 2016, my law work has increasingly focused on executive representations, negotiations over job offers, employment terms, equity, executive compensation, separation and severance, for C-level and senior executive clients.

Today, more than 95% of my law work and 98% of all new law work consists of those representations. 

But on occasion, a company will hire me.

Why would a company do that?  Why would a company hire an attorney known to be one so focused on representing the interest of executives?

The reason:   The company is  having difficulty recruiting an A-level senior executive.  They cannot pay top dollar and are willing to try something different to recruit that ideal man or woman to fill the pressing need in their organization.

So … in that time of pressing need, the company hires me, as one who knows what executives seek to help the company “think out of the box” – to devise a strategy and prepare documents to get the best executive at the least cost and within the company budget.   For a startup or  early stage company, it is executive recruitment on a shoestring.

In my work representing companies, my slogan is “Appear Generous.  Demand Performance.”  The strategy I develop and then the documents I prepare are radically different then most executive employment and equity documents.  My documents do appear to be fair …even generous.  And in recruitment, I help the company with its “sell” – telling executives, “Even at less base pay you will come out ahead with our package.  And what’s more, this package reflects a culture where you will be valued and respected.”

But we still demand performance.  My documents are still employment “at-will” and I make sure that a company can readily terminate a non-performer.  But what is different, is that my documents provide that if the executive does perform, he or she won’t be cheated out of what they earned.   Sadly, that element of basic fairness, is often so rare in today’s corporate America.

In my presentation and slides, I discuss such issues as

• Employment position and terms
• Base pay and bonus structure
• Tax favored equity structure
• Fair equity terms and vesting
• Reasonable equity rights
• Reasonable termination protections
• Fair severance terms

Between the revolutionary terms I suggest,  and our explanation and “sell” to the executive recruit, I have had a high success rate.   Although we are often significantly outbid on the dollar figure, I often get my target man or woman for my company client.

For my slides for this presentation, LINK:  https://www.slideshare.net/RobertAdelson/building-keeping-your-executive-team-how-to-recruit-and-retain-senior-executives-for-your-startup-or-early-stage-company

To see and listen to the video of my 19-minute ENET presentation on executive recruitment from my website, LINK:  https://youtu.be/vCCJ5RO1blw

​or access both my presentation slides and video recording on my website, LINK:   https://www.executiveemploymentattorney.com/building-keeping-your-executive-team-how-to-recruit-and-retain-senior-executives-for-your-startup-or-early-stage-company/   

It is my hope that this article will be of benefit to CEOs and Company founders who are having difficulty in recruiting a high caliber C-level and senior executive for a role key to growth, and might want to think out of the box….  Feel free to share these slides or this portion of my July 2022 Business Law Newsletter.  If you or any colleague of yours has a need in this area, please do reach out to me.

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.
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The article offers further tips to the executive facing and negotiating that transition including

• What should you do to protect your interests?
• How much should you be paid?
• How do you structure your equity compensation as the value of the stock increases?
•  What other equity-related terms to seek before the IPO?

The article concludes with discussion of issues to consider post-IPO.

​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.
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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.

This is an article of mine published on June 15, 2018, by CEO Refresher magazine.  It is on the funding of early stage companies by venture capital groups or angel investor groups.  Among the questions discussed in the article, are the following:

• Why do angels and VC’s invest?
• What are the differences between angels and VC’s? – In the composition of their groups?  – In their types of investments each makes?
• What does your company need to do to get investment?
• What are VC’s and angels looking for? What kinds of companies are they investing in?  What kinds of companies are hot now?
• How does an investment proceed – what are the stages or timeline you go through to get angel investment?
• How will your relationship with the investor change after an investment is made? Your board will need to change at some point. The CEO often shifts to the CTO, but many CEOs are wedded to their title. Realistically, as the company gets funding, the title changes, the founder will be miserable in the role that should be filled by CEO: the problem isn’t a lack of commitment but a failure to shift to the next phase.

To read more, go to this LINK:  http://www.refresher.com/how-to-fund-your-company/
or on my website at https://www.executiveemploymentattorney.com/how-to-fund-your-company/
If your company is seeking investment or needs to negotiate the terms of investment and needs advice or legal representation, please do give me a call or shoot me an email at radelson@engelschultz.com.

On April 24, 2018, CEOWorld magazine published an article I wrote on  “Becoming CEO of a Startup – Key Employment Contract, Equity Terms and Other Considerations.”  The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and “Logo” on your website.

This article was designed for CEOs and other C-Suite, VPs or other senior executives who have achieved a level of success and who are tempted to leave an established company to take on the challenge of leading a startup, either a well-funded startup on the ground floor or an up and coming startup to the next level.

My article discusses key employment contract and equity terms, including

• Amount and terms of equity to seek,
• Tax structure of equity if you are joining a ground floor startup,
• Tax structure of equity if you are joining a scale-up startup,
• Special severance terms for startup executive employment contracts.

The article also suggests other important considerations to include in due diligence and employment contract terms including shared vision, representations as to current financial position and other representations the executive is relying upon to take the position.

To see my full CEOWorld magazine. article, go to LINK:  http://ceoworld.biz/2018/04/24/becoming-ceo-of-a-startup-key-employment-contract-and-equity-terms-and-other-considerations/
or my website at https://www.executiveemploymentattorney.com/articles-section/becoming-ceo-of-a-startup-key-employment-contract-and-equity-terms-and-other-considerations/ 

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 considering joining a funded startup company, whether at the ground floor or in the scale-up stage. 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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