March 2025 Executive Employment Law Newsletter

 I hope this email finds you and your family in good health.  We are now into March, with this executive employment law newsletter reaching you on March 4th, which date has a place in US history. On this date, on a cool mostly cloudy afternoon in Washington D.C. 92 years ago, March 4, 1933, Franklin Delano Roosevelt took the oath of office to become the 32nd U.S. President.  He told a nation, during some of the worst days of the Great Depression, that the “only thing we have to fear is fear itself”. With his courage, candor, intelligence, and indomitable spirit, he would go on to lead America through those hard days and then through World War II that would follow, as our nation’s longest serving President.  See link – https://www.youtube.com/watch?v=khFwYWWF6Tc

Meanwhile winter continues.  For those like my wife who relishes her winter sports, I do hope there will be sufficient snow and ice this last month of winter.  For those like me who look forward to warmer weather, perhaps you will get a chance to sneak off for time in the sun in warmer places.

March madness will soon begin and to all with your brackets and betting favorites, and for those out there with alma maters in the NCAA Basketball Tournament  – all best of luck! For my two tournament-eligible alma maters, this has not been the best of years, but both still do nurse their slim NCAA Tournament chances. Boston University – with four Patriot League wins in its last five games, the Terriers will host Navy in a first round PL tournament game at the “Roof” this Thursday.  Northwestern, after recent 20-win seasons, has been well below that this season, near the bottom of the 18-team “Big Ten.”  However, with 3 recent Big Ten wins, the Wildcats may finish among the top 15 to at least compete in the Big Ten Conference Tournament, March 12-16 in Indianapolis. So, hoping both BU and NU can stay hot through their respective Conference Tournaments though both are long shots for the 2025 Big Dance.

Meanwhile in men’s college hockey, BU won the Beanpot 4-1 in an upset over BC at TD Garden on Feb. 10, but BC remains firmly no.1 atop the college ice hockey national rankings. Hockey East remains strong with five New England college teams ranked among the top ten in national polls. So perhaps we will see a rare all-Eastern final at the Frozen Four in St. Louis April 10 to 12. All the while, in our professional winter sports, the Bruins are struggling and the Celtics are having a solid season and we can hope both will make the playoffs with a decent playoff run for the Celtics beginning next month. The Celtics will be defending their NBA championship but competition will be stiff.

As for Newsletter items, last week, CEOWORLD magazine published an article of mine on FAQs – my answers to Frequently Asked Questions that I receive on executive compensation, executive equity and negotiations.  Further into this March Newsletter, items #3 and #4 are two older articles of mine, both published in IVYEXEC career advancement website,#3 published in 2022 on leveraging  your strengths in negotiating for key terms in executive retention packages, #4 published in 2023 on terms to negotiate for in your new job offer or employment contract as a Chief Technology Officer (CTO) or a Chief Information Officer (CIO). Item #5 is a special offer also on executive retention. As always,  I hope some of these items might be of interest and  benefit… and my best wishes to all for the rest of March!

1.       Answers to FAQs on Executive Compensation and Equity Packages

My article published a week ago, on Feb. 25, in CEOWORLD magazine, gives answers to a series of frequently asked questions over executive compensation, equity packages and negotiations.  These include when to seek and what to seek for a signing  bonus, how much to seek and how to structure your executive equity, what terms to seek for triggers and benefits in severance, plus my answers to other key questions C-level and senior executives have asked me… questions that you have as well. Read the Article Here

2.       Work with CEOs, C-Suite and Senior Executives, exclusively.

Robert Adelson is an attorney specialized in the representation of CEOs, C-level and senior executives. He no longer represents companies or employers.  Learn about Robert Adelson’s work with CEOs, C-level and senior executives to advise on and improve job offers, employment contracts, stock, RSUs, options, bonuses and other executive compensation matters, plus advice and aid on issues of wrongful termination, severance, exit terms, retention, change of control, other executive issues and more … More Details Here

3.         Executive Retention Packages – Terms and Negotiations

Do you have now, or Do you soon expect an attractive job offer to leave your CEO or senior executive position?  Is your company “in play”?  Are you nearing a funding milestone?  Are there other reasons why your company has dependence on you and strong desire for you not to leave now.  My article, published in 2022 by IVY EXEC career advancement website, discusses the negotiation and terms for retention agreements in those and other circumstances, where you, as the executive have leverage, and seek to realize important protections and benefits in connection with the company’s need to retain your services.  Read the Article Here

4.       Negotiating terms of Your CTO or CIO Job Offer

If you have a new job offer or employment contract as a Chief Technology Officer (CTO) or a Chief Information Officer (CIO) in a tech or life sciences company or another company involved with the internet or innovation economy, my February 2023  article published in IVYEXEC career advancement website,  advises on terms for authority, interface and support for your position, protection of your own ideas and inventions, compensation, equity and other essential terms to negotiate   Read the Article Here

5.      3/2025 Offer:  Good until March 31st  

This almost 4-weeks value-packed offer, is as a way to get introduced to my law work: Executive Employment Retention Law Diagnostic — this offer is good through 3/31/25.   More Details Here

It’s always a pleasure to get back in touch with you and other clients, friends, and colleagues.  I hope the links and information provided will be useful to you and that there will be an opportunity for me to work with you on legal matters in the near future. 

Let’s keep in touch! 

Best regards,

Rob

Robert Adelson

*Adelson & Associates, LLC
Executive Employment Attorney
101 Federal Street, 19th Floor
Boston, MA 02110
(617) 204-5601 Law Firm
(617) 204-5602 Direct
(617) 204-5604 Fax
E-mail :  rob@attorneyadelson.com
Blog:  https://robadelson.wordpress.com/
Twitter:  @AttorneyAdelson
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/
Website: www.executiveemploymentattorney.com

Note on Adelson & Associates, LLC:
*As mentioned in bullet no. 2 of the January 2020 Business Law Newsletter, Robert A. Adelson is now the Principal of Adelson & Associates, LLC.  For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law and referred legal work to associates of his, trusted and experienced colleagues, as a partner of Engel & Schultz, LLP.  In December 2019, the lead partners of the firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020.  In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new firm’s operations on January 1, 2020, with the new firm taking over, on that date and going forward, all current Robert Adelson clients, matters and operations, as well as all referral of legal work to associates of Robert Adelson.  The new firm’s offices, at 101 Federal Street, 19th Floor, are across the street from the prior offices at One Federal Street, 21st Floor, in Boston’s Financial District.

Executive Contract Negotiations for Life Sciences Executives

On Wednesday October 9, 2024, the executive career advancement website IvyExec published an article I wrote, “Executive Contract Negotiations for Life Sciences Executives.

This article was designed for CEOs and other C-Suite, VPs or other senior executives in Medical Device, Biotechnology and other life science companies who, when negotiating a new job offer or employment contract or terms of executive compensation, need to give attention to essential employment terms in these fast growing and changing industries.

My article indicates how in these negotiations, the executive should seek key executive employment terms in the following important areas:

• Signing bonus to at least make you whole for anything you are giving up,
• Performance targets geared to your type and stage of life science company and its exit goals,
• Equity in scope and form matched to your position, stage of company and potential tax issues
• Relocation and other expenses (e.g. maintaining your M.D. license) again to keep you whole when you change companies.

The article also discusses executive severance terms and triggers for your protection in case changes necessitate you to change companies in the future.

To see my full article, go to LINK: https://ivyexec.com/career-advice/2024/executive-contract-negotiations-for-life-sciences-executives

or my website, go to LINK: https://www.executiveemploymentattorney.com/executive-contract-negotiations-for-life-sciences-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 and other senior executives in the medical device, biotechnology or other life science industries who are negotiating new executive job offers, employment contracts or executive compensation packages and should pay attention to the essential contract terms discussed in my article.

If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com or call 617–875–8665.

Keeping and Using Your Ace in the Hole in Negotiating Your C-level Executive Contract

 On Friday August 30, 2024, CEOWORLD magazine published an article I wrote titled, “Keeping and Using Your Ace in the Hole in Negotiating Your C-level Executive Contract.”

The new article is designed for CEOs, C-level and senior executives and those executives  who aspire to the C-suite.  This article discusses how, based on my experience representing C-suite executives, that by holding back a little – keeping an ace in the hole, as they say – you will create a sense of anticipation, increase your value in the eyes of the company, and ultimately enhance chances of achieving your desired executive contract terms.

The article goes on to discuss how we’ve applied this strategy of ascertaining and then using this “Ace in the Whole” strategy in three different types of executing contracting situations –

• Job Offer / Employment Agreement  – For example, you might outline a new approach to optimizing operational efficiency or a plan to expand into new markets. However, make it clear that these strategies are just the beginning. Let the company know that you have other strategies and ideas in your pocket, that could be deployed for the benefit of the company, if you are hired and take the position.

• Termination / Separation Agreement – in severance negotiations, part of your leverage would come from release potential claims, but other leverage may come from your knowledge, experience and contacts, and your potential use to the company in post-termination paid transition services and consulting. Here you might suggest three particular assignments for yourself that address particular gaps created by your separation…. But again not telling, even suggesting you envision several other impactful assignments, not to be discussed unless and until the company commits to reasonable severance terms.   

• Independent Consulting / Consulting between positions –  In this further application of the “Ace in the Hole” strategy, you may hold back on consulting for others and particular needs and requests, until after you’ve established yourself with the company with whom you’ve started consulting, and you could also hold off on moving to a fulltime C-level position (if offered) until the company reaches terms you seek.

I am a fan of Country Music.  So, both this executive contract strategy and the impetus to write this article drew inspiration from the great song by the Country Music singer, the legendary George Strait and  his song ,  “Ace in the Hole”.  The lyrics –

You’ve got to have an ace in the hole

A little secret that nobody knows

Life is a gamble, a game we all play

But you need to save something for a rainy day

You’ve got to learn to play your cards right

If you expect to win in life

Don’t put it all on the line for just one roll

You’ve got to have an ace in the hole

If you’re headed down a one way street

And you’re not sure it’s the way you wanna go

In money or love or all the above

Have a little more than what you show

When life deals out a surprise

Have a few surprises of your own

No matter what you do, no matter where you go

You’ve got to have an ace in the hole

Source for lyrics:  https://genius.com/George-strait-ace-in-the-hole-lyrics 

Video:   https://www.youtube.com/watch?v=eK854RfHFAc

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2024/08/30/keeping-and-using-your-ace-in-the-hole-in-negotiating-your-c-level-executive-contract/

Or on my website at  https://www.executiveemploymentattorney.com/keeping-and-using-your-ace-in-the-hole-in-negotiating-your-c-level-executive-contract/

This was my 47th  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 44 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 this new article will be beneficial to CEOs, C-level executives, VPs and other senior executives and those aspire to C-suite positions to use this “Ace-in-the-Hole” strategy in your own negotiations over important executive contracts in the course of your career.

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