In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro and Darren Goodman discuss phantom equity, which is a type of bonus plan often utilized by privately held companies, particularly when the company's stock has declined in value. The episode touches on why a company might want to issue phantom equity, why might an employee want to receive it, and what timing, taxation and other considerations should one keep in mind when designing this kind of arrangement as an alternative to issuing actual equity.

Speakers:

Megan Monson, Partner, Employee Benefits & Executive Compensation Darren Goodman, Partner, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing employees whose employer is undergoing a change in control. The lawyers discuss the importance of clear contractual terms governing issues such as duration, termination, severance, and compensation – including cash compensation and equity; as well as non-competes, non-solicits, and other restrictive covenants.

Speakers: James Gregory, Partner, Employee Benefits & Executive Compensation Batool Banker, Associate, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

In the current state of the economy, stock option repricing may be a valuable tool in incentivizing employees. Partners Darren Goodman and Megan Monson talk with Taryn Cannataro about the benefits of repricing, the variety of forms they can take, and potential downsides tech companies need to be aware of before embarking on a stock option repricing.

Speakers:

Darren Goodman, Partner, Employee Benefits & Executive Compensation Megan Monson, Partner, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

Host Megan Monson, partner in Lowenstein’s Employee Benefits & Executive Compensation group, talks to guests Andrew E. Graw, the group’s Chair, and Julie Levinson Werner, partner in the firm’s Employment Counseling & Litigation practice, about how employers can offer support to employees in the wake of the Supreme Court’s overturning of Roe v. Wade. The podcast discusses how an employer may offer reimbursement for travel expenses related to obtaining an abortion; how an employer may protect employee privacy in such a case; and whether an employer may be held criminally liable for aiding and abetting an abortion in jurisdictions where the procedure is now illegal.

Speakers:

Megan Monson, Partner, Employee Benefits & Executive Compensation Andrew Graw, Partner and Chair, Employee Benefits & Executive Compensation Julie Levinson Werner, Partner, Employment Counseling & Litigation

Partners Dotan Barnea and Darren Goodman talk with Taryn Cannataro about what a startup outside of the United States should do if it is considering granting stock options to employees in the U.S. Such situations give rise to compliance issues under multiple sets of rules, depending upon the jurisdictions involved, as well as important tax consequences.

Speakers:

Darren Goodman, Partner, Employee Benefits & Executive Compensation

Dotan Barnea, Partner, The Tech Group, Co-Chair, Israel Practice

Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

In today’s episode of “Just Compensation,” hosts Megan Monson, Taryn E. Cannataro, and Batool T. Banker of Lowenstein’s Employee Benefits & Executive Compensation practice examine the Form 5500, which must be filed by all employers and plan administrators who maintain a tax structured retirement plan such as a 401(K), defined benefit pension plan, or health and welfare plan. They discuss who must file the Form 5500 and when, as well as how to correct a late or erroneous filing in order to avoid costly fines.

Speakers:

Megan Monson, Partner, Employee Benefits & Executive Compensation Batool Banker, Associate, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

Every private startup company that grants stock options or is considering granting stock options needs to consider major issues that could have long ranging impacts: proper documentation and approval of all stock option grants; and their tax implications. Eric Weiner, partner in Lowenstein’s Tech Group, joins Darren Goodman and Taryn E. Cannataro of the firm’s Employment Benefits & Executive Compensation group to discuss how startups can save time and expense in the granting of stock options, especially in anticipation of an eventual exit or sale.

Speakers:

Darren Goodman, Partner, Employee Benefits & Executive Compensation Eric Weiner, Partner, The Tech Group Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

Darren Goodman, Megan Monson, and Taryn Cannataro provide a high-level overview of Section 280G issues that can arise when a private company considers selling (otherwise known as the golden parachute rules), including what individuals and companies are impacted by Section 280G, what type of payments need to be taken into account, and how to address Section 280G.

Speakers:

Darren Goodman, Partner, Employee Benefits & Executive Compensation Megan Monson, Partner, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation

n today’s episode of “Just Compensation” Megan Monson and Taryn Cannataro are joined by bankruptcy attorney, Nicole Fulfree to discuss benefits considerations in bankruptcy. The goal of this discussion is to provide food for thought on how to navigate common issues that arise in this area, and to help you understand what alternatives are available as it relates to certain benefit plans.

Speakers:

Megan Monson, Partner, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation Nicole Fulfree, Counsel, Bankruptcy

This episode of “Just Compensation” features Darren Goodman, Taryn Cannataro, and Megan Monson discussing restricted stock units (or RSUs). The panel describes what a RSU is, the pros/cons of issuing RSUs, and different types of features that can apply to RSUs, including double vesting for tax planning purposes. 

Speakers:

Megan Monson, Partner, Employee Benefits & Executive Compensation Darren Goodman, Partner, Employee Benefits & Executive Compensation Taryn Cannataro, Associate, Employee Benefits & Executive Compensation