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Overview
Executive compensation may consist of various components, including base salary, sign-on bonuses, short- and long-term incentives, special retirement plans, and other perks. In this session, employment and compensation lawyers from the U.S. and Europe will compare executive compensation arrangements – and relevant disputes – across U.S. and European markets. Various important aspects of these plans can be quite different across borders. These include issues such as:
- General overview of compensation (5 minutes)
- Can the employer properly retain “discretion” as to whether or not to pay a bonus, or to recoup payment once made if the employee misbehaves, e.g. violates an NDA or non-compete agreement? (12 minutes)
- The permitted ratio between base and variable pay, and regulatory and legal caps on bonuses (5 minutes)
- Equity arrangements and cash liquidity (10 minutes)
- Garden leave clauses (standard in Europe, rare and misunderstood in America (15 minutes)
- Rights and remedies on termination - for “cause,” without cause, and otherwise
- “Cause” and “Good Reason” issues (10 minutes)
- Negotiability of these provisions (3 minutes)
Who Should Attend: Law firm attorneys, in-house counsel, human resources and compensation professionals
Program Level: Update
Prerequisites: None
Advanced Preparation: None
Moderator:
Philip M. Berkowitz
Littler Mendelson P.C.
Faculty:
Dr. Timon Grau
Linklaters LLP
Wendi S. Lazar
Outten & Golden LLP
Ueli Sommer
Littler Mendelson P.C.