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Executive Compensation

Kramer Levin’s Executive Compensation group represents public and private companies, senior executives, management teams and compensation committees charged with structuring and negotiating executive compensation arrangements. Clients turn to us for our balanced perspective, uncommon insight into both the legal and financial aspects of these agreements, knowledge of market trends, and ability to steer negotiations to successful outcomes. Our experience in representing clients on both sides of the negotiating table gives us a unique perspective on the complexities and sensitivities involved, enabling us to avoid problems and overcome hurdles when they arise.

We focus on constructive, practical and creative solutions that reflect our appreciation of the disparate factors, concerns and pressures that arise in the negotiation of executive compensation arrangements. We regularly advise on all forms of executive compensation, including:

  • Short- and long-term incentive compensation
  • Deferred compensation arrangements
  • Equity and equity-based plans (including carried interest, stock options and phantom equity arrangements)
  • Change-of-control golden parachute arrangements
  • Consulting agreements
  • Severance packages
  • Postemployment restrictive covenants covering noncompetition, nonsolicitation of employees and clients, nondisparagement, and protection of confidential information
  • Sections 409A (rules applicable to nonqualified deferred compensation) and 162(m) (the deduction limitation rules for publicly traded companies)

Our group regularly partners with members of our Corporate practice to advise on employment and executive compensation matters that arise in the context of mergers and acquisitions and to counsel private equity firms regarding the executive compensation arrangements of their portfolio companies. We also support the firm’s Bankruptcy and Reorganization group in negotiating new employment arrangements for companies entering or emerging from bankruptcy.

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