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Services Available
We advise clients in sophisticated employment negotiations, executive terminations and severance arrangements, with an emphasis on preventing disputes. Our experience includes the scope and enforceability of non-competition and non-solicitation agreements; the use of trade secrets and other confidential information; interference with business relations; and entitlement to bonuses, golden parachutes and other compensation.
We also design and implement equity compensation arrangements to incentivize senior executives and broader groups of employees, as well as align their interests with that of the business's owners. These plans include long- and short-term incentive plans and non-qualified stock options, restricted stock, stock appreciation rights and phantom stock arrangements, and other types of arrangements. We also address repricing and other adjustment issues that arise as a company goes through various economic phases.
Our group advises clients regarding the tax, ERISA, labor, securities, bankruptcy and estate planning issues relating to non-qualified deferred compensation arrangements and supplemental retirement plans. We are particularly well-versed in the funding of deferred compensation arrangements through Rabbi Trusts and/or corporate owned life insurance products, including variable and universal life insurance products specially designed for such purposes. Our experience also includes designing and structuring life, disability and long term care plans, including split dollar life insurance, and combo or carve-out life insurance and long term disability plans.
In addition, we advise compensation committees regarding director responsibilities, charters and oversight of executive compensation policies and arrangements. We also provide advice on compensation and benefit issues arising in the context of mergers and acquisitions and other corporate events.
Clients and Industries
We represent corporations, partnerships and senior executives as well as tax-exempt entities, governmental entities, cooperatives and American Indian Tribes.
Leadership in Law
Members of our group are frequent speakers and authors on executive employment and compensation matters. For example, our attorneys have spoken on various occasions to groups such as the NYU Tax Institute, the Western Pensions and Benefits Association, the USC Tax Institute, and the Association for Advanced Underwriting (AALU) and have published various articles in the Compensation & Benefits Review, NYU Tax Journal and The Cooperative Accountant.
We also keep up to date on the changing legal landscape by staying actively involved in organizations such as the Compensation and Benefit Committee of the Los Angeles County Bar and the California State Bar, the Nonqualified Plans, Estate Tax and Legislative Circle committees of the Association for Advanced Underwriting (AALU), the National Association of Insurance and Financial Advisors (NAIFA) and the Legal, Tax and Accounting Committee of the National Council of Farmer Cooperatives.
Practice Contacts
Marla Aspinwall
Of Counsel
310.282.2377
maspinwall@loeb.com
Dana Scott Fried
Partner
212.407.4185
dfried@loeb.com
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