Robert Adelson, Esq.
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How to Manage Multiple C-Level Executive Job Offers

11/27/2022

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On Friday November 4, 2022, CEOWorld magazine published an article I wrote on “How to Manage Multiple C-Level Executive Job Offers”

This new article is designed for CEOs, CFOs, COOs, and other C-level and senior executives, who currently have or expect to soon have multiple job offers, each job offer presenting an attractive opportunity, and where you as C-level executive, seek guidance of how to manage these offers for best effect financially, and for your families and your career.

This article discusses the art of managing multiple executive job offers to get the best results for yourself, including
  • How to evaluate multiple job offers,
  • How to manage the process and in doing so manage expectations of the parties,
  • What executive contract terms to seek from each company,
  • How to negotiate for the best terms from those available and still position yourself well for future opportunities,
  • How to navigate this process while maintaining your current position.

Finally, the article discusses planning your exit to do so on good terms that enhance your reputation.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/

Or on my website at https://www.executiveemploymentattorney.com/how-to-manage-multiple-c-level-executive-job-offers/

This was my 39th 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, CEOWORLD magazine created on their website a library of Robert Adelson published articles. You can peruse this library and/or read as many of my 39 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/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer them insights and guidance to make the most of the opportunity when you are being courted and …more than one suitor company is vying for your services for you to accept their job offer for next executive position.

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 @ 617–875–8665 or rob@attorneyadelson.com.
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Executive Retention Packages – Terms and Negotiations

10/12/2022

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On October 7, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Retention Packages – Terms and Negotiations.”

This new article is designed for CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, and in other areas of the economy.  This article  might also be of benefit to many directors and mid-level executives.  In each case, this article is directed to executives being recruited and who have now or anticipate soon receiving, an attractive offer to move on, yet who, at the same time, are also critical to their current company.  It is in that circumstance this article suggests how your current company might provide a significant retention package for you to stay or to at least work with them to delay the full impact of your complete departure.

This frequently occurs when the company is “in play”. However, besides this change of control situation, my article discusses a number of other circumstances where executive retention negotiations occur, including where:
  • The company is nearing a critical milestone, necessary for a funding round,
  • The company is planning its IPO and needs an executive lockup,
  • The executive has close relationships with key accounts and the company fears a significant loss of business,
  • The executive has close relationships with key management and performers in the company and fears a significant attrition,
  • The executive as an inventor, innovator and technologist has a critical role in product creation, maintenance or development, or
  • The executive has achieved a level of notoriety such that his or her loss could have a negative impact on perception of the company within the customer or business community where the company operates.
My article also discusses how to raise the issue of executive retention, how to negotiate and frame the executive retention package as a mutually beneficial “win-win” for the executive and the company, and finally the key terms to seek in your executive retention agreement.

To see my full IvyExec career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2022/executive-retention-packages-terms-and-negotiations/

Or on my website at https://www.executiveemploymentattorney.com/executive-retention-packages-terms-and-negotiations/

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 my hope that this article will be helpful to CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where the current company might provide a significant retention package for the executive to stay. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.
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Stock Rights That Protect the Value of Your Executive Equity Compensation

9/14/2022

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On Thursday September 1, 2022, 2022, CEOWorld magazine published an article I wrote on “Stock Rights That Protect the Value of Your Executive Equity Compensation.”

This new article is designed for CEOs, C-level and senior executives, who have recently received a job offer or expect to receive a job offer and will be negotiating terms of executive compensation which will include executive equity. 

In those negotiations, executive equity is often a very significant and often a major part of the executive compensation and a often a driver to accept a job offer.  This is so because executive equity offers the prospect of greater financial upside value than from your fairly fixed and limited cash compensation.  This special upside potential for executive equity arises from three different factors: (a)  Appreciation – with your service the stock price or value might rise significantly, (b) Liquidity Event – a potential acquisition or an IPO  might also significantly increase value, (c) Favorable Taxation – with appropriate structuring, appreciated equity on cash out may be taxed at a much lower rate than cash compensation for much greater take home pay. 

Thus, given the high importance of equity in the CEO’s or C-level executive’s compensation package the focus of my article then moves to discuss these five (5) critical areas of stock rights and terms you want to be sure to give proper attention in your negotiations to give you the best chance to achieve the potential value from the equity you are granted: 
  • Meaningful Level of Equity – to be sure that sufficient equity is granted so that if success is achieved, it will be impactful for you,
  • Tax Favorable Structure – negotiation over the form of your equity at the outset is quite important because in tax law – “form is substance” – different forms produce very different tax results and you want tax-favored equity if possible,
  • Severance Protection – if midway through the buildup you are forced out, you want your severance buy-out to embrace your equity as well as less important cash components of your comp package,
  • True Up Adjustment – especially if you are brought in to secure a financing raise, you don’t want to be a victim of your own success and seeking a level anti-dilution protection is a fair ask,
  • Cash-out protections – if after a number of years, no liquidity event is on the horizon, it is helpful to have a put option with the company to assure at some point you can tap into the value you achieved.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2022/09/01/stock-rights-that-protect-the-value-of-your-executive-equity-compensation/

Or on my website at https://www.executiveemploymentattorney.com/stock-rights-that-protect-the-value-of-your-executive-equity-compensation/

This was my 38th 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, CEOWORLD magazine created on their website a library of Robert Adelson published articles.   You can peruse this library and/or read as many of my 38 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/
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Executive Sign on Bonus, Retention Bonus and Other Bonuses – Terms and Negotiations

8/18/2022

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On August 4, 2022, the executive career advancement website IvyExec  published an article I wrote on “Executive Sign on Bonus, Retention Bonus and Other Bonuses – Terms and Negotiations.”

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives who when negotiating a new executive job offer or employment contract need to give equal and perhaps greater focus on the structure and terms of bonus as they do to base salary compensation.

My article discusses five (5) key bonus structures:
  • Sign-on bonus to make the executive whole for items given up,
  • Sign-on bonus to compensate for the risks in changing companies,
  • Guaranteed bonus,
  • Performance bonus based on company achievement,
  • Performance bonus based on individual achievement.

The article also suggests other important issues in the determination, calculation and payout of the bonus.

My article also discusses a retention bonus or stay bonus as a one-time payment or a one-time retention agreement for considerations for the executive to commit to staying with the company for a set period of time or through to a planned event (for example, an acquisition).

To see my full IvyExec  career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2022/executive-sign-on-bonus-retention-bonus-and-other-bonuses-terms-and-negotiations/ 

Or on my website at  https://www.executiveemploymentattorney.com/executive-sign-on-bonus-retention-bonus-and-other-bonuses-terms-and-negotiations/

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 helpful to CEOs and other senior executives who are considering or re-visiting the executive compensation piece of a job offer or employment contract and need to focus on bonus structure and terms every bit as much as base salary. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.
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Building & Keeping Your Executive Team: How to Recruit and Retain Senior Executives for Your Startup or Early Stage Company

7/14/2022

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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.
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