Drafting Confidentiality and Non-Disclosure Provisions; Structuring Employee Stock Options, Restricted Stock and Deferred Comp
This CLE / CPE webinar will provide benefits counsel with guidance on structuring and negotiating equity compensation arrangements and employment agreements for startups and emerging growth companies. The panel will offer strategic approaches for using these vital tools to attract talent to build and grow companies while avoiding common pitfalls that can hamper progress.
Several alternatives are available to startups and emerging growth companies for providing equity compensation to their employees when the company may not be in the position to offer high salaries. Employee stock options, restricted stock, deferred compensation arrangements, and employee stock plans can help startups attract the talent needed for success. However, these arrangements present complex design, structuring and tax challenges for benefits counsel, including how to structure equity arrangements, when to avoid the pitfalls of Section 409A, and when to make 83(b) or 83(i) elections.
Startups should also strategically use employment agreements to protect the company’s interests during the critical early years. Confidentiality, non-disclosure and non-disparagement provisions can help shield a startup’s proprietary information and intellectual property. Termination clauses and restrictive covenants are among the most effective and vigorously negotiated provisions of executive employment agreements.
Listen as our experienced panel of executive compensation practitioners discusses best practices for structuring and negotiating equity compensation arrangements and employment agreements for startups and emerging growth companies. The authoritative panel will offer strategic approaches for using these vital tools to build and grow companies while avoiding common pitfalls that can hamper progress.
- Equity compensation alternatives available to startups
- Design, structuring and implementation considerations
- Tax implications and accounting treatment
- Section 83 elections
- Section 409A considerations
- Negotiating and drafting executive employment agreements
- Restrictive covenant provisions
- Termination provisions
- Confidentiality, non-disclosure, non-disparagement provisions
- Section 409A considerations for severance agreements
The panel will review these and other high priority issues:
- How does IRC Section 409A impact the drafting of employment agreements, equity agreements, severance plans and agreements?
- What are best practices in drafting termination provisions that minimize post-employment disputes?
- What are the most effective restrictive covenant provisions to maximize enforceability?
- What are the common pitfalls in deferring compensation?
- Shawn E. Lampron, Partner, Fenwick & West
- Marshall Mort, Attorney, Fenwick & West
Continue by clicking on the following link: