Holiday Greetings 2020

 

This holiday card and photograph are used here with the permission of wild life photographer Jerry Acton who enjoys sharing the beauty of nature from his home in New York’s Southern Tier. www.jerryacton.com

All Best wishes to you and yours, for a joyous holiday season and
For success, prosperity, health and happiness,
In the coming year, 2021.

ROBERT A. ADELSON, ESQ.
Adelson & Associates, LLP
101 Federal Street, Suite 1900 ♦ Boston, MA 02110
(617) 204-5602 ♦ FAX:  (617) 204-5604
Email: rob@attorneyadelson.com
Blog: https://robadelson.wordpress.com/
Website: www.ExecutiveEmploymentAttorney.com
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/
Twitter:  @AttorneyAdelson 

Two articles of mine, published since spring 2020, during the Covid-19/ coronavirus crisis, intended to aid executives facing issues related to the pandemic, that may interest you, are as follows:     

1. Working Remotely as a C-level Executive

Are you tempted by a C-level position in a company with great potential on the West Coast, in Texas or Upper Midwest, but don’t want to give up your home and uproot your family where you are living on the East Coast?  My article, published in October 2020, suggests negotiation strategies, in our new COVID world,  to build a comfort level with prospective employers, for those executives who would like to take up an executive employment opportunity as a remote CEO or C-level executive

• To see my CEOWorld magazine article, go to LINK:  https://ceoworld.biz/2020/10/02/working-remotely-as-a-c-level-executive-opportunities-and-considerations/    
• 
  
• Or my website at https://www.executiveemploymentattorney.com/working-remotely-as-a-c-level-executive-opportunities-and-considerations/
• 
  
• 2. How the Right Severance Triggers can protect against Changed Circumstances

Has a new employer cut your pay or reduced your duties due to COVID-19 disruptions to the company, or due to a non-COVID related loss of a key customer, loss of financing or other changed circumstances? My article published in May 2020, discusses how negotiating the right severance triggers in your job offer can protect you so you can move on and be made whole. 

To see my CEOWorld magazine article, go to LINK: https://ceoworld.biz/2020/05/27/triggering-executive-severance-to-protect-your-interests-in-case-of-covid-19-or-other-changed-circumstances/ 

Or on my website at https://www.executiveemploymentattorney.com/triggering-executive-severance-to-protect-your-interests-in-changed-circumstances/

Employment, Tax, Contracts and Business Law Services for
• CEOs, C-Level and Senior Executives
•  Early Stage Companies and Entrepreneurs
• Consultants and Service Providers

*The photo on this holiday card, that of a female bluebird, photographed by Jerry Acton, also graced the cover of Bluebird, Journal of the North American Bluebird Society 2009-2010 Winter edition – https://www.jerryacton.com/Galleries/Published-Photos/i-Swrj6NW   Once again, thank you to Jerry for sharing his fine work – making this wonderful winter wildlife image available for all of us to enjoy in this holiday season!

Negotiating a Custom CEO or C-level Executive Compensation Package

On November 5, 2020, CEOWorld magazine published an article I wrote on “Negotiating a Custom CEO or C-level Executive Compensation Package” . 

This new article is designed for  CEOs, C-level and senior executives, who are negotiating new job offers where the metrics of a routine Gartner or Mercer compensation survey are just not appropriate for that particular CEO or C-level executive compensation package, and the executive employment advisor is called upon to suggest, design and then lead the negotiations for a custom executive compensation package.

My article first suggests three situations well suited to justify development and deployment of a custom executive compensation package:

• Start-up and early stage company CEOs,
• Turnaround CEO situation, and
• Special needs executive recruitment – where a CEO or C-level executive has special attributes that fill a critical need for the company. 

My article then moves on to discuss that the custom package must not only make up for your loss of pay and benefits to leave your current employer, but even more so, to make up for three further critical intangibles as well, and hence – what should be included on your custom executive compensation package? And how much equity compensation should you ask for? 

The article then concludes with my suggestions for how the executive can achieve company “Buy-in” – how do you sell the custom CEO or C-level executive compensation package to an often skeptical employer?  This last part shares three of my best “sales” techniques:

• You (employer) want and need an “A” team player, this custom package will not only secure the services of a true A player but his or her successful recruitment  will help you to attract still more A team players to the company.
• You want alignment and this custom package greatly magnifies the alignment of this key executive hire with the growth goals of the company, and
• Success for my executive, even with this full custom package, means vastly greater success to the company’s stockholders, often 10x, 15x and even 20x pay back return for the company’s stockholders, if the CEO or C-level executive succeeds in his or her mission, and costs little or nothing if he or she does not succeed.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/11/05/negotiating-a-custom-ceo-or-c-level-executive-compensation-package/

 Or on my website at https://www.executiveemploymentattorney.com/negotiating-a-custom-ceo-or-c-level-executive-compensation-package/

This was my 31st article published in CEOWORLD over the last five years.  Previously, the editor advised that I can use “Featured in the CEOWOLRD 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.  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.

It is my hope that this article will be of benefit to CEOs, C-level and senior executives who are considering job offers in situations where a custom executive compensation package is appropriate.  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 at rob@attorneyadelson.com.

Working Remotely as a C-level Executive – Opportunities and Considerations

Last Thursday, on October 2, 2020, CEOWorld magazine published an article I wrote on “Working Remotely as a C-level Executive – Opportunities and Considerations.”

This new article is designed for designed for CEOs, C-level and senior executives, dealing with the negatives of the Covid-19/Coronavirus pandemic on many businesses  and executive employment situations, but also giving rise to new opportunities.

The article offers illustrations of how remote zoom meetings are aiding non-profit groups and client development, and then moves to how those same techniques are aiding C-level and senior executives conducting nation-wide job searches for new executive positions.

Then, my article suggests techniques to build a comfort level with prospective employers, for those executives who would like to take up an executive employment opportunity as a remote CEO or C-level executive, including the following negotiation strategies:

1. Negotiate initial consulting to get to lead to your next CEO job offer;
2. Negotiate for temporary relocation to build company comfort level;
3. Use hazards of air and distance travel to reduce on site presence even with temporary relocation;
4. Make executive compensation and equity concessions now to gain the remote position, with the expectation of being made whole in a later retention agreement;
5. Assure your remote contract provides requisite online connectivity and necessary tools to enable your remote operation.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/10/02/working-remotely-as-a-c-level-executive-opportunities-and-considerations/

 Or my website at https://www.executiveemploymentattorney.com/working-remotely-as-a-c-level-executive-opportunities-and-considerations/

This was my 30th article published in CEOWORLD over the last five years.  Previously, the editor advised that I can use “Featured in the CEOWOLRD 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.  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 on the new COVID-19 inspired opportunities opening up across the US to CEOs, C-level and senior executives is timely and will be of benefit.   Hopefully, the topics I discuss including to conduct nationwide job searches, to interview and take positions in desired urban centers and also in more others locations, and to do all that without the need to even leave your home office or local satellite office, and finally, the chance to work remotely and effectively and to negotiate the right terms to secure this desired employment – will be of benefit to the CEO, C-level and senior executive clients I represent.  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.

Achieving Zero Taxation on Sale of Your Startup Equity

Last Thursday, on September 3, 2020, CEOWorld magazine published an article I wrote on “Achieving Zero Taxation on Sale of Your Startup Equity”. 

This new article is designed for CEOs, C-level and senior executives, who are considering taking a position in a startup or early stage company in life sciences, tech, e-commerce or another high growth area of the economy, where executive equity may comprise a major part of your compensation package.

My article discusses how taking equity in qualified small business stock may enable you to have zero Federal taxation on all or most of your appreciation on a sale of shares after 5 years.  That exclusion from tax applies to not only the Federal capital gains tax but also the net investment income tax and the alternative minimum tax (AMT), on appreciation up to $10 million or 10x your adjusted tax basis in the stock, whichever is greater.

The article also includes a number of important tips to qualify your shares for this tax exclusion on sale, including the following:

• Obtain stock not options – only actual stock issued will qualify as QSBS and start your holding period to qualify for tax free treatment;

• Making a Section 83(b) tax election for QSBS to eliminate ordinary income as well as capital gains tax,

• Assuring the business is qualified, including that the business is still under $50 million in gross assets when QSBS are issued to you, and

• Planning your roll-over if needed to meet the 5-year holding period even if you sell your shares within that period.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/09/03/achieving-zero-taxation-on-sale-of-your-startup-equity/

Or https://www.executiveemploymentattorney.com/achieving-zero-taxation-on-sale-of-your-startup-equity/

This was my 29th article published in CEOWORLD.  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. For a library of my past article published by CEOWORLD, 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,CTOs, COOs, CIOs, CTO/CSOs, senior management executives, business leaders, and high net worth individuals worldwide.

It is my hope that this article on eliminating taxation on all or most of the appreciation on early stage or high growth stock a CEO or other C-level or senior executive receives as part  of your executive compensation package may be of benefit to those currently or in the future negotiating their executive compensation and equity package, or renegotiating in a retention situation. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Knowing Your Competition and Establishing Your Market Niche to Set Your Startup Apart

This is an article of mine published on July 7, 2020, by CEO Refresher magazine. My article is currently featured on the first page of the magazine website — http://www.refresher.com/

This article of mine is directed toward entrepreneurs, founders and CEOs of small and early stage companies, seeking angel or VC investment or trying to recruit co-founders and first employees or contractors. In such circumstances, the interested parties would be looking to the founder’s or CEO’s competitive analysis and demonstrated knowledge and mastery of his or her target marketplace to set his or her startup apart, including the following:

• What market niche you intend to enter and can dominate
• Your plan for how your company will penetrate the target
• Identity of your chief competitors, both direct competitors and indirect competitors that could be substitutes for your product or service
• The value proposition that you offer that will enable you to overcome the normal tendency for no change
• Strengths of the competition and your plan to overcome those
• Weakness of your competitors and your plan to avoid those same weaknesses
• Barriers to entry you would seek to create to surmount new competition once you gain market traction

To read more, go to https://www.executiveemploymentattorney.com/knowing-your-competition-and-establishing-your-market-niche-to-set-your-startup-apart/

It is my hope that this article will be helpful to founders, entrepreneurs, C-level and other senior executives in companies I represent, particularly those in startup and early stage companies seeking to gain traction in their market to attract angel or VC investment or other partners for growth.

Triggering Executive Severance to Protect Your Interests in Case of COVID-19 or Other Changed Circumstances

Six days ago, on May 27, 2020, CEOWorld magazine published an article I wrote on “Triggering Executive Severance to Protect Your Interests in Case of COVID-19 or other Changed Circumstances”.  The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website.

This was my 28th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

This article, my most recent, published May 27th, is designed for CEOs, C-level and senior executives, especially those who, once on the job, may find that their chances for success become daunting because changed circumstances beyond their control.  For many such executives, the severe economic downturn arising in connection with the COVID-19/coronavirus crisis may cause great reductions in expected base, bonus, equity and LTI compensation and reduced duties and responsibilities as well.​

However, the article is not limited to COVID-19.  The article also discusses other circumstances where clients of the author have also experienced such negative effects, as result of dashed expectations, including where the executive accepted his or her job offer for a CEO, C-level or other senior executive position in reliance on any of these company actions:

• Keeping a major customer account,
• Retaining the services of a key man or woman executive,
• Keeping or achieving regulatory approval,
• Keeping or retaining a key source of funding,
• Company possessing the positive financial position represented to you, a position on which you can build for growth.

The article then concludes with proactive steps the executive can take in your executive employment and job offer negotiations to protect yourself in the event of such changed circumstances in the future.  This includes the crafting of severance terms with triggers tailored to your situation in the event of dashed expectations. Thus, the executive would have an executive contract that provides that if circumstances change, such that the job is no longer what you bargained for, you can move on to a new opportunity and still be made whole as you do so.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/05/27/triggering-executive-severance-to-protect-your-interests-in-case-of-covid-19-or-other-changed-circumstances/

Or on my website at https://www.executiveemploymentattorney.com/triggering-executive-severance-to-protect-your-interests-in-changed-circumstances/

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

https://www.linkedin.com/company/ceomagazine/

The editor has also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

It is my hope that this article will be helpful to suggest a potential remedy in job offer negotiations to CEOs, COOs, CMOs, other C-Level and senior executives who are considering a new executive position or giving up other opportunities, and, acting in reliance on the promises made by the employer, and seek protection against potential changed circumstances, whether from a pandemic, loss of a key customer, loss of key personnel, a negative regulatory ruling, loss of financing  or otherwise, so the executive can if that happens move and be made whole. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy

Six days ago, on April 28, 2020, CEOWorld magazine published an article I wrote on “Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy”.  The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website.

This was my 27th article published in CEOWORLD. Earlier this year, the editor advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

This article, my most recent, published April 28th , is designed for CEOs, C-level and senior executives, especially those who receive a job offer, then give notice to their current employer and later see the new offer rescinded or withdrawn due to the economic downturn or turmoil arising from the COVID-19 /coronavirus pandemic or other changes at the new employer.   With your old job now lost, this article discusses use of the legal doctrine of promissory estoppel as a remedy for the now out-of-work executive.

The article also indicates potential use of this promissory estoppel remedy in other cases where an employer does not honor other oral promises to the executive, on which he or she relied, including in these circumstances:

• Employer promised full executive employment contract and equity documents and termination occurs before those documents are delivered and signed,

• Executive’s acceptance of a job offer on the condition that he or she can attend a life cycle event and termination after you attend that event,

• Executive gives up a lucrative position to join the new company on the promise of important responsibilities and leadership, with termination before that promise is ever kept,

• Executives gives up other job offers to leave the employer on promise of new executive employment terms that are never fulfilled.

The article concludes on a cautionary note that while some major verdicts and settlements have been obtained by C-level executives using promissory estoppel against employers who failed to honor their promises, the doctrine is not universally upheld in the courts of all states. So, it is best to get your executive contract clear and in writing, but when you have not done that, consult with an experienced executive employment attorney and promissory estoppel may still give you a remedy.

To see my full CEOWorld magazine. article, go to LINK:

https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/

Or on my website at https://www.executiveemploymentattorney.com/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/

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/

The editor has also advised that I can add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  See https://ceoworld.biz/author/robert-adelson/

Tweeting My new CEOWorld article on “Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” can give you a legal remedy”

If you tweet and would like to Tweet my article, here is my three (3) tweets to retweet or to use in your own tweet –

Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel & #seniorexecutives on using #PromissoryEstoppel as a #legalremedy if you quit your position #inreliance on a New #joboffer & #NewEmployer #withdraws offer due to #COVID19 https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

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8:23 PM - Apr 28, 2020

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Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel and #seniorexecutives on using #PromissoryEstoppel as a #legalremedy if a #NewEmployer #Rescinds Your #JobOffer or breaks promises you #reliedupon to take the new position https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

ceoworld.biz

1

8:10 PM - Apr 28, 2020

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Robert Adelson@attorneyadelson

4/28/20 article @ceoworld by @attorneyadelson for #CEOs #COOs #CLevel and #seniorexecutives on - "Has a #NewEmployer #Rescinded Your #Executive #JobOffer due to #COVID19 or other reasons? How #PromissoryEstoppel might give you a #legalremedy https://ceoworld.biz/2020/04/28/has-a-new-employer-withdrawn-your-executive-job-offer-how-promissory-estoppel-might-give-you-a-legal-remedy/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap … via @ceoworld

Has a New Employer Withdrawn Your Executive Job Offer? How “Promissory Estoppel” might give you a...

As a successful C-level or other senior executive, you may be lured by executive recruiters or otherwise by other companies seeking your talent, contacts and experience.  Suppose one of those...

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8:01 PM - Apr 28, 2020

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It is my hope that this article will be helpful to suggest a potential remedy to CEOs, COOs, CMOs, other C-Level and senior executives who have been enticed to take a new executive position or to give up other opportunities, and, after acting in reliance on the promises made by the employer, find that the executive job offer is rescinded or withdrawn or the employer in some other way breaks an important promise made to you, on which you relied.   If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.