Notable Developments as of 2022.10.29

​

2022.10.29  Employment Agreement - Terms Sheet Update.  Here is a link to a terms sheet that an executive or company could use as a starting point for development of an employment agreement.  Executives and employers often have competing interests, of course, with these being discussed in this LexisNexis article of mine.  See also: employment agreements.

2021.05.06  Caveat Employer: Claims Risks after Release Signed.  It truly hurts to pay severance and then get sued. That's what recently happened to IKEA, because ... continued at Severance Agreement Litigation. 

2021.04.02  Project Completion Plan not under ERISA - Employer Loses. It was a close call. The employer argued for ERISA preemption in order to foreclose former employees from asserting a wide range of possible claims in state court. The 5th Circuit decided against the employer because ... continued atSeverance Plan Litigation. 

2020.09.11  National Pension Award to Fund Local Social Justice Awards. These two are linked thanks to this recently-announced ACEBC award.  If you are interested in (1) hearing about a possible change to ERISA to enable retirees to convert their account balances into cost-efficient annuities, or (2) supporting social justice awards planned in 2020 for Washington (DC), Annapolis (MD), and Charleston (SC), please visit this page. 

2020.07.15  "Getting Severance Right" begins with the following advice that makes this Bloomberg article worth reading: "Some employers think it is safest to follow informal, unwritten practices and to avoid the federal labor law known as ERISA. They should read on." For topically-organized information about severance plans and practices, see Severance. ​​​

_______________________

Notable Updates:

• Bankruptcy: getting priority for pre-Chapter 11 nonqualified plan benefits
• Checklists: ISS Best Practices  /  M&A Dealbreakers  /  Release Agreement Improvements ​
• 409A - Litigation that should spur employer action.
  
• D&O Insurance - superb WillisTowers study added.
  
• Employment Agreements - "Good Reason" and "Just Cause" cases.​
  
  • Executive Employment Agreement Insights: From High Stakes to Competing Interests (Law360 2019).
    
  • ​My 2018 Article: "Hitting Workplace Harassers Where It Hurts"
    
• Noncompetition Laws by State - new Maryland case.
• Profits Interests.
  
• Rabbi Trusts: When to Ask? What to Get?
  
• Survey Data - see CIC Severance for change in control data (updated 2019.09).​​
• Tax Exempt Orgs - 457(f) Warning
  

Sign-up to receive quarterly alerts  /  OR:  link to Mark Poerio @ LinkedIn     >>> Past Alerts​​​​