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View More American Law Institute Continuing Legal Education Group [ALI CLE] Webcasts and Conferences

Negotiating Employment and Severance Agreements: Issues Benefits and Employment Lawyers Should Watch For

American Law Institute Continuing Legal Education Group [ALI CLE]

Feb. 22, 2018
Recorded Online

What are the tax implications of deferred compensation? What claw-back provisions apply when there is a breach of a non-compete?

When recruiting and retaining key personnel, both employment and employee benefits counsel play important roles in the negotiation of employment and severance agreements. Whether you represent an employer, employee, or compensation committee, there is a tangled web of complex, evolving regulations and practicalities that must be considered in order to ensure that your client’s present and future interests are protected.

In this program, two highly experienced attorneys – one practicing in employment law, and the other in benefits – come together to discuss the standard provisions as well as special equity, compensation, benefits, restrictive covenants, and tax issues that need to be considered during the negotiation process. Invest just one hour of your day and be better prepared to anticipate potential challenges that may arise when drafting and negotiating employment agreements.

Topics include:

  • To Memorialize or Not To Memorialize
    • Terms to consider
    • Provisions of Pro-Employer vs. Pro-Employee Agreements (duties, salary, non-competes, bonuses, benefits, etc.)
  • Special Considerations
    • Intermediate Sanctions Regulations (IRC § 4958) and the Rebuttable Presumption of Reasonableness
  • Severance Agreements
    • Separation Pay Plans v One-off Severance
    • Terms to consider (Releases, benefits, return of company property, arbitration clauses, etc.)


  • M.J. Asensio, III, Baker & Hostetler LLP, Columbus, Ohio
  • Michael A. Laing, Taft Stettinius & Hollister LLP, Cincinnati, Ohio

More Information, How to Register

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