Navigating Past Clawbacks to Take a Competitor’s C-level Job Offer

Ten days ago yesterday, on Sunday April 30, 2023, CEOWorld magazine published an article I wrote on “Navigating Past Clawbacks to take a Competitor’s C-level Job Offer.”

This new article is designed for designed for CEOs, COOs, CFOs, C-level and senior executives, who would like to make a move, who are considering a new position, or who are being courted or recruited for a C-level position with a direct competitor company, but face a serious obstacle in even testing the waters with that direct competitor company. That serious obstacle comes in the form of significant clawback terms in your past executive equity grants with your company.

In many cases, these grants and the clawback rights accrued over the years, can potentially cost a departing executive millions of dollars. These dollars of forced repayment can thus pose a truly draconian deterrent to leaving to join a direct competitor.

How can you explore the opportunity and still protect yourself?

This article fully discusses this problem and then shares some of the author’s techniques representing C-level clients in major US corporations under just these circumstances. The article closes with advice to navigate the clawbacks peril to join a direct competitor, by fully preparing and covering yourself using the two-fold strategy set out in the article.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2023/04/30/navigating-past-clawbacks-to-take-a-competitors-c-level-job-offer/

Or on my website at https://www.executiveemploymentattorney.com/navigating-past-clawbacks-to-take-a-competitors-c-level-job-offer/

This was my 41st article published in CEOWORLD since 2016. Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles. You can peruse this library and/or read as many of my 41 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/

With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer insights and guidance for you to be able to explore what might be your best opportunity: an attractive C-suite job offer with a direct competitor. To do that, it may be important to first put in place proper safeguards to navigate past the serious potential liability if your current employer has clawbacks in place. If you or any colleague of yours has a need in this area, please do reach out to me @ 617–875–8665 or rob@attorneyadelson.com. 

Startup C-Level Executive Salary, Equity and Severance Compensation Package

Three weeks ago, on Tuesday March 28, 2023, the executive career advancement website IvyExec published an article I wrote on Startup C-Level Executive Salary, Equity and Severance Compensation Package.

This new article offers contract terms to negotiate for executives senior executive looking to move up to C-level by joining a startup. Being a startup C-level executive can be rewarding in many ways. But taking that role has many risks too, so it is wise to go in with a job offer that protects you from the risks and ensures that if the startup succeeds, you will share financially in that success.

To help you negotiate your C-level job offer with the startup, this article discusses –
• Cash compensation expectations – base salary and bonus,
• Startup equity to seek in a funded vs unfunded startup,
• Huge tax opportunity of QSBS if you structure it right, and
• Severance triggers and package key terms to seek.

To see my full IvyExec career advancement website article, go to LINK: https://ivyexec.com/career-advice/2023/startup-c-level-executive-salary-equity-and-severance-compensation-package

Or on my website at https://www.executiveemploymentattorney.com/startup-c-level-executive-salary-equity-and-severance-compensation-package/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/ IvyExec claims a “Community of 2.5M+ Leaders”.

See also – https://www.ivyexec.com/

It is my hope that this article will be helpful to those offered or considering and offer for a C-level position in a startup company. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com. 

Forming a Competing Company to Take 100% Ownership of the Business You Built

The bold self-help response when your employer reneges on promise of shared ownership  

Two weeks ago yesterday, on Sunday February 19, 2023, CEOWorld magazine published an article I wrote on “Forming a competing company to take 100% ownership of the business you built”

This new article is designed for designed for CEOs, COOs, C-level and senior executives, who  were brought aboard a company by the owner or owners of the company to fill the need specific knowledge or capabilities, to retain or develop new business, to exploit a perceived opportunity, or to otherwise develop and execute a business turnaround for the business.   To take on this assignment to join the owner’s company as CEO or other senior position, the executive was recruited with the owner’s offer of significant equity and shared ownership, to thus enable the executive to have a significant stake in the value he or she was bringing to the business and its owner.  Yet, once your job was done or largely done, the owner moved the goal posts  on you or has otherwise reneged on the promise made of significant equity on which you relied to take the position.

In this case,  where you have done your job, met expectations and  delivered value as expected, and the owner now changes the rules and denies you the equity  you earned, this article suggests to you a self-help strategy to make you whole for what the owner has denied you, and maybe even more equity than you were first promised (serves the double-dealing owner right!).

My article discusses this self-help strategy covering these topics –  

• What are the right circumstances to take, for yourself,  the ownership you were promised? 

• What are the constraints and circumstances that would limit such corrective self-help action on your part?

• How do you go about setting up shop, to create your own company  in head-to-head competition with your former company and its owner?

•  Is this self-help strategy the right choice for you?

As part of the discussion on forming your own company, my  article offers important cautions and tips for those who would wish to take this advice and form their own competing business.   These important cautions and tips, are also drawn from lessons learned and experience gained from my past CEO and C-level executive client representations in this field.

At the end of the article, I conclude by stating that if  you have essentially built a business, with production, marketing and sales, and the owner has chosen not to fulfill his or her promises to you of shared ownership, this article suggests to you a road map for self-help.  With the right executive employment counsel advising you, you may well be able to take charge.  For many who have done just that, it has proven to be professionally and financially rewarding.  Whichever course you take, best of luck to you!

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

Or on my website at https://www.executiveemploymentattorney.com/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

This was my 40th article published in CEOWORLD since 2016.  Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles.   You can peruse this library and/or read as many of my 40 published articles as you wish.  See https://ceoworld.biz/author/robert-adelson/

With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/ 

CTO and CIO Employment Contract Terms to Negotiate For

On Tuesday February 7, 2023, the executive career advancement website IvyExec published an article I wrote on “CTO and CIO Employment Contract Terms to Negotiate For.”

This new article offers contract terms to negotiate, for executives taking roles in two different C-level executive positions that are seeing increasing demand in today’s economy: Chief Technology Officers (CTO) or Chief Information Officers (CIO). These two positions tend to be the company point person for information and innovation, including taking the lead for corporate initiatives in new technologies like cloud computing, cybersecurity, AI, and IoT. This article is addressed to newly rising executives as well as to seasoned tech executives, if you may at some point find yourself being promoted to, or offered a job at another company, to be CIO or CTO. Among the important terms for CIO and CTO employment contracts discussed in the article are the following:

• Scope of authority, levels of support, interface with related enabling departments,
• Company reputation, mission, financials and other representations on which you are relying to take this job offer, 
• Equity compensation in scope and form matched to your position, stage of company and potential tax issues and 
• Protection to assure that inventions, software tools and ideas developed on your own are not transferred to the new employer without special consideration.

To see my full IvyExec career advancement website article, go to LINK:

https://www.ivyexec.com/career-advice/2023/cto-and-cio-employment-contract-terms-to-negotiate-for/

Or on my website at

https://www.executiveemploymentattorney.com/cto-and-cio-employment-contract-terms-to-negotiate-for/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.

https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”.

See also – https://www.ivyexec.com/

It is my hope that this article will be helpful to those offered or considering CTO or CIO roles in tech, life science or other innovation economy companies. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com. 

Severance Compensation Package for Director, VP and C-Level Executives

Last Wednesday, on January 4, 2023, the executive career advancement website IvyExec  published an article I wrote on “Severance Compensation Package for Director, VP and C-Level Executives”

This new article is designed not only for CEOs, COOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, and also for other senior executives, and in other areas of the economy as well, but even for many VPs, directors and mid-level executives, who at one or more points in your career may face employment termination.  

Termination often comes as result of a change in ownership, control or top management that wants to clean house and bring in their own team, regardless of your success and past contributions.  In that case you might be called in and told “we’ve decided to go in a new direction…” classic code for your job is toast.  Other times a series of changes occur that make it hard for you to continue.

In my new article, I address  the following questions:

1. Why do you need to have a severance package in your executive job offer?
2. When can you later negotiate a severance agreement or package that you could not obtain in your job offer when you joined the company?
3. What is a typical monetary executive severance package for VPs, directors, CEOs, CMOs and other C-level executives?
4. What other non-monetary separation terms should you seek?

My discussion of monetary terms includes not only cash salary and bonus but key equity terms as well, so that a negotiated severance package, regardless of the timing and circumstances, is designed to make you whole for what you are losing with employment termination.

The discussion of non-monetary issues in the severance package includes important issues of Severance Triggers, Restrictive Covenants, Non-disparagement,  and Release of claims.

To see my full IvyExec career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2023/severance-compensation-package-for-executives/

Or on my website at  https://www.executiveemploymentattorney.com/severance-compensation-package-for-director-vp-and-c-level-executives/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience.  In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals.  IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.  https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”. See also  – https://www.ivyexec.com/

It is my hope that this article will be helpful to CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where the current company might provide a significant retention package for the executive to stay.   If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com. 

How to Manage Multiple C-Level Executive Job Offers

On Friday November 4, 2022, CEOWorld magazine published an article I wrote on “How to Manage Multiple C-Level Executive Job Offers”

This new article is designed for CEOs,  CFOs, COOs, and other C-level and senior executives, who currently have or expect to soon have multiple job offers, each job offer presenting an attractive opportunity, and where you as C-level executive, seek guidance of how to manage these offers for best effect financially, and for your families and your career.

This article discusses the art of managing multiple executive job offers to get the best results for yourself, including

• How to evaluate multiple job offers, 
• How to manage the process and in doing so manage expectations of the parties, 
• What executive contract terms to seek from each company,
• How to negotiate for the best terms from those available and still position yourself well for future opportunities,
• How to navigate this process while maintaining your current position. 

Finally, the article discusses planning your exit to do so on good terms that enhance your reputation.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/

Or on my website at https://www.executiveemploymentattorney.com/how-to-manage-multiple-c-level-executive-job-offers/

This was my 39th article published in CEOWORLD since 2016.  Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles.   You can peruse this library and/or read as many of my 39 published articles as you wish.  See https://ceoworld.biz/author/robert-adelson/

With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer them insights and guidance to make the most of the opportunity when you are being courted and …more than one suitor company is vying for your services for you to accept their job offer for next executive position.

Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me @ 617-875-8665 or rob@attorneyadelson.com.

Executive Retention Packages – Terms and Negotiations

On October 7, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Retention Packages – Terms and Negotiations.”

This new article is designed for CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, and in other areas of the economy.  This article  might also be of benefit to many directors and mid-level executives.  In each case, this article is directed to executives being recruited and who have now or anticipate soon receiving, an attractive offer to move on, yet who, at the same time, are also critical to their current company.  It is in that circumstance this article suggests how your current company might provide a significant retention package for you to stay or to at least work with them to delay the full impact of your complete departure.

This frequently occurs when the company is “in play”. However, besides this change of control situation, my article discusses a number of other circumstances where executive retention negotiations occur, including where:

• The company is nearing a critical milestone, necessary for a funding round,
• The company is planning its IPO and needs an executive lockup,
• The executive has close relationships with key accounts and the company fears a significant loss of business,
• The executive has close relationships with key management and performers in the company and fears a significant attrition,
• The executive as an inventor, innovator and technologist has a critical role in product creation, maintenance or development, or
• The executive has achieved a level of notoriety such that his or her loss could have a negative impact on perception of the company within the customer or business community where the company operates.

My article also discusses how to raise the issue of executive retention, how to negotiate and frame the executive retention package as a mutually beneficial “win-win” for the executive and the company, and finally the key terms to seek in your executive retention agreement.

To see my full IvyExec career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2022/executive-retention-packages-terms-and-negotiations/

Or on my website at https://www.executiveemploymentattorney.com/executive-retention-packages-terms-and-negotiations/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels. https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”.

See also – https://www.ivyexec.com/

It is my hope that this article will be helpful to CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where the current company might provide a significant retention package for the executive to stay. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.