Practice Areas & Industries: Withers Bergman LLP


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Practice/Industry Group Overview

We act for senior executives on a full range of employment matters, including those which require us to act against some of the world's most powerful companies and financial institutions. Our work includes drafting and advising on employment-related documents and investigations, which are often complex and high value and advising directors and senior managers on corporate governance, regulatory and severance issues. We also advise executives on their rights and responsibilities as owners of partnerships, corporations and limited liability companies. 

We provide senior professionals with guidance on contractual issues such as bonuses, ownership rights, grievances and golden handshakes, and handle a wide range of disputes, discrimination claims, whistleblowing and regulatory issues. When relationships come to an end, the Withers’ employment team helps executives enforce their contractual and statutory rights through deft negotiation of separation and compromise agreements and with a view to maximizing their ability to move on to new opportunities free from over-reaching post-termination restraints and any taints to their personal and professional reputations.

We are also closely involved with the employment strategies, negotiation and practicalities of corporate overhauls. These include restructurings, mergers and acquisitions, and (in the UK) situations involving the Transfer of Undertakings (Protection of Employment) (TUPE) regulations.

Our attorneys in the US practice in the areas of tax, pension and employee benefits and are skilled in structuring executive remuneration, long-term incentive, deferred compensation, profit-sharing, 401(k) and pension plans, as well as equity packages, in a tax efficient manner.  The firm’s employee benefits team are often requested to provide ERISA advice to companies involved in mergers and acquisitions, and regularly counsel clients on ERISA issues involved in reductions in force, early retirement incentive programs and executive severance arrangements.

The team's clients are internationally based. Our client list includes board directors of FTSE 100 and NASDAQ companies. We also regularly advise clients across the whole range of the financial services industry.

Recent work

  • Acting for a number of high profile directors who were changing jobs or renegotiating their contracts.
  • Successful challenging of the Lord Chancellor's failure to reappoint a group of 21 part time immigration judges when their fixed term contracts expired.
  • Acting for two US citizens on the proposed contracts and the tax consequences of their relocation to the UK.
  • Acting for partners in major accountancy and consultancy firms on claims against their partnerships.
  • Prepared employment and confidentiality agreement for personal staff and pilots used by a globally wealthy family.
  • Securing a substantial settlement for a senior executive on his claim against a publicly-held, internationally-recognized retailer for a racially-motivated termination.
  • Settling a disability discrimination claim for nine year's pay against a public sector employer.