Notable Developments as of 2019.09.09
2019.09.09 Executive Retention and Change in Control Planning. Before merger or sale negotiations begin, potential sellers (or targets!) should get their severance house in order. From survey data about change-in-control benefits, to springing rabbi trusts, to ERISA-fied plans, to post-closing administrative protections, see this M&A Precaution Checklist.
2019.09.05 Severance Litigation: Precautions to Consider. A recent 5th Circuit decision demonstrates why the precise drafting of severance-related agreements and plans is the surest step by which employers may avoid costly severance litigation. Two other employer precautions will also knockout gadfly claims for enhanced severance benefits. Read more here.
2019.09.03 Executive Compensation and Societal Good. If you blinked during your summer vacation, you may have missed a corporate governance disruption coming from the Business Roundtable. For its announcement and the implications for executive compensation, see newly-created Societal Good and Executive Compensation.
2019.08.26 Disclaimers of Coverage - Another Object Lesson. Playing loose with insurance companies has an awful back-end risk, because premiums may be paid for years, and then coverage may be disclaimed if there were prior inaccuracies. The 8th Circuit just made such a ruling in ... continued at ERISA Litigation.
2019.08.14 Director Compensation Study - and Implications. Tucked within superb survey data about board service and pay practices, this Pearl Meyer's report makes an observation that should be a clarion call . . . continued at Director Compensation Survey Data.
2019.05.23 Golf - Honorable Even in Severance. The USGA recently announced the need to downsize its workforce. Not surprisingly, the USGA's approach has class. Its offer of sweetened severance to those who volunteer to retire builds on a smart employer strategy . . . continued at Two-Step RIFs.
2019.05.22 An Ounce of Litigation Prevention for Executive Benefits … and Severance: Lessons from an Employer’s Quagmire in New Jersey. There are three instructive takeaways from a recent case in which an employer failed in its effort to end the case before significant discovery and expense would result. Worse for the employer: the litigation arose after the executive had terminated employment, collected severance, and signed a general release of claims. So what went wrong? See Severance Litigation.
2019.04.18 Rabbi Trusts: When to Ask? What to Get? A recent Law360 headline brings rabbi trusts immediately to mind. It reads "Ex-Manufacturing Co. CEO Says He's Owed $4.4M in Benefits" (4/10/2019). See this webpage for a discussion of how a rabbi trust could have helped, and when the protections of a rabbi trust make sense for an executive to pursue.
2019.04.16 ISS Report: Executive Compensation Trends 2019. In its recent report, ISS presents significant survey data based on 2019 proxy statements by more than two-thirds of S&P 500 companies and approximately half of Russell 3000 companies. For instance, ISS reports that ... continued at Executive Compensation Surveys.
2019.01.22 Tax-exempt Orgs: Watch your 457(f) Plan!!! If you have ever heard of golden parachutes, you likely think of change-in-control payments made by for-profit companies. Tax-exempt organizations had better pay attention to that term because they could trigger a 21% excise tax if . . . continued at 457(f) plans and Code Section 4960.
Notable Updates in 2019:
WARNING AND DISCLAIMER
This site provides general information for educational purposes, is not intended either to provide legal advice or to be relied upon in any way. There is no substitute for personal legal counsel about your particular situation. This site is not affiliated with any law firm, and merely provides the views of Mark Poerio in his individual capacity.
>>> See Disclaimer for all rules of usage for this site.
Copyright © Joseph Poerio. All rights reserved.