On this episode of "Just Compensation," Andrew Graw, Megan Monson, and Jessica I. Kriegsfeld talk about equity plan considerations for public companies. They address various drafting considerations that are specific to public companies, including how proxy advisory firms view certain plan provisions. The conversation also touches on stockholder approval and filing requirements for public companies, as well as employment inducement awards.

Speakers:

Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits
Megan Monson, Partner, Executive Compensation and Employee Benefits
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Amy C. Schwind, and Jessica I. Stewart discuss employer considerations for involuntary termination of employees, including terms in the employee's contract, reason for termination, and release agreements like severance plans. They cover risks of retaliation or other claims if the employee is a member of a protected class or is on or intends to go on a leave of absence. The conversation reviews state and federal regulation as well as COBRA, 409A tax code, and the WARN act. The episode relays that terminating an employee must be a well thought-out and careful decision.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Amy C. Schwind, Counsel, Employment
Jessica I. Stewart, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Taryn E. Cannataro, and Zachary Bocian discuss employee retention strategies during a company sale, including transaction bonuses, retention bonuses, management carve-out plans, and severance plans. They assess whether the seller or buyer is responsible for funding retention tools and address the legal and practical considerations of such arrangements.

To learn more about 280G, listen to Section 280G Unpacked: Pitfalls and Planning for Tech Startups.

To learn more about 'Top Hat' structures, listen to Puttin' on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a "Top Hat" Plan.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Zachary Bocian, Associate, Executive Compensation