June 2025 Executive Employment Law Newsletter

I hope this email finds you and your family in good health.  We are now beginning June, we’ve had some nice weather and hopefully this run of nice weather will continue, ideal for biking, hiking, boating, golf, picnics and enjoying the out of doors, and perhaps some swimming too in the lakes and by month end perhaps the ocean too.  As for New England spectator sports, perhaps the less said the better.  Our winter sports teams have long since finished: the Bruins did not make the playoffs;  our defending NBA Champion Celtics dashed our hopes as the team crashed and burned losing to the Knicks in 6 games in the second round.  To make things even worse, star Jason Tatum suffered serious injury and we can only wish him well and a recovery such that at some future date he might again step on the parquet and resume what has been an exceptional career.  As for our main remaining pro team still standing, the Red Sox are in a bit of a funk.  I attended one game, rescheduled the next day after a rainout, where the Sox scored 19 runs (“Mercy!” I can almost hear those immortal words in my ear from Old Sox radio announcer  Ned Martin).  Yet, so many other games when the Sox get some decent pitching from Crochet or others, they just cannot summon the timely hitting.  Hopefully, Alex Cora will get everyone on the same page and things will improve as the season continues on.

As for Newsletter items, this past week,  there has been a delay with my latest article so I am reposting an article of mine that  CEOWORLD published in 2023 for CEOs, C-level and senior executives on acceleration terms in a change of control event.  A link is offered to my article where I argue for immediate acceleration on the closing of the success event and against delay from a “Double Trigger” with my argument  drawing on 19th century US history analogies.  (Hint:  I’m on the side of Abraham Lincoln in the 1858 Lincoln-Douglas debates).  As a bonus, I include  a further link to the article’s sequel also published in CEOWORLD arguing for the single trigger in public companies. 

This newsletter also has links, in items #3 and #4, to two other earlier articles of mine.  The first article, published in 2023 in IVYEXEC, the career advancement website, advises on negotiation strategies and terms to seek in C-level and senior executive severance negotiations. The second article,  published in CEOWORLD magazine back in 2020 but still relevant, offers pointers to first time CEOs and those new to C-level executive employment negotiations, including key terms to seek in your negotiations. There is also a special offer as item #5, an Executive Employment Separation Law Diagnostic.  I hope some of these items might be of benefit… and my best wishes to all for the rest of June!

1.   Fighting the CofC “Double Trigger” as Free Labor vs Slavery

Are you being hired, or are you now working as a CEO or C-level executive to lead or help lead your company to a liquidity Change of Control success event?  Your job offer likely provides for acceleration or some bonus compensation if you succeed, but what about the actual triggers for your payout?  My article published  in CEOWORLD magazine in 2023 argues for a single trigger of your acceleration on closing and against the Double Trigger that sets more conditions and various risks and potential problems for you. Read the Article Here  After challenge from a company attorney, I demonstrated use of the single trigger for C-level executives in public companies (and got my public company CEO client the single trigger), as set out in my sequel to this article CEOWORLD magazine in 2024, for single trigger executive acceleration in public companies. 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.      Severance Compensation Packages for Executives

Whether you have just received a job offer, have a chance to renegotiate your current contract, or are facing a change of control or termination situation, my article published in January 2023 by the IvyExec career advancement website may benefit you, as I discuss key payment, equity, benefits, non-disparagement and other terms to negotiate in your severance package and also timing, and how to deal with what your employer may ask of you.    Read the Article Here

4.       Negotiating your first C-Level Executive Employment Agreement

Are you a newly-minted CEO or another C-level executive?  Did you receive your first C-level job offer or employment agreement? My article published in CEOWORLD Magazine back in 2020 remains relevant and may benefit you, as I discuss why the agreement is important to the company and to you, and key terms – equity, bonus structure, severance among them – on which to focus in your negotiations.  Read the Article Here

5.     6/2025 Offer:  Good until June 30th  

This 4-week value-packed offer, is as a way to get introduced to my law work: an Executive Employment Separation Law Diagnostic –– this offer is good through 6/30/25.  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:
* Robert A. Adelson is 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.  Since 1/1/2020, the firm’s offices have been and remain at 101 Federal Street, 19th Floor, across the street from the pre-2020 offices at One Federal Street, 21st Floor, in Boston’s Financial District.

This post was originally published in https://robadelson.wordpress.com/2025/06/02/june-2025-executive-employment-law-newsletter/

Don't Let Disparagement or Defamation Blackball Your Executive Career Prospects

 Last Tuesday, on April 27, 2021, CEOWorld magazine published an article I wrote on “Don’t Let Disparagement or Defamation Blackball Your Executive Career Prospects”.

This new article is designed for CEOs, C-level and senior executives, who may face, on occasion, issues of disparagement and even defamation, in connection with employment termination. For those executives who do face this prospect at the time of employment termination, disparagement or defamation can have effects on your career and prospects, both short and long term, that can be even more far reaching than how much severance will be paid.

The article first discusses three such situations that faced C-level and senior executive clients of mine in recent representations and our successful resolution of each, as follows:

• Company’s plan to fire the executive for cause, where, on short notice, we effected a complete reversal of that situation from a negative to a positive for the C-level executive’s reputation, plus significant severance and deterrence of any future recurrence of attempted defamation;
• Company’s public announcements that made the innocent C-level executive toxic and essentially unemployable in his industry, where the public company was made to rectify the situation, including signing a document that I prepared, a corrective document to the company’s 8K filing, that the company’s securities law counsel then filed with the SEC; and
• Changes initiated to a draconian no-rehire provision in the executive’s separation agreement that met the company’s needs but removed the cloud over this senior executive with recruiters and for future employment..

The article then moves on to and concludes with a discussion of other provisions of the separation agreement and my recommendations on the handling of termination and terms for a mutual non-disparagement clause to protect not just the company (as the company’s first draft separation agreement almost always does) but the executive as well (through language we seek to add).

To see my full CEOWorld magazine. article, go to LINK: https://ceoworld.biz/2021/04/27/dont-let-disparagement-or-defamation-blackball-your-executive-career-prospects/

Or on my website at https://www.executiveemploymentattorney.com/dont-let-disparagement-or-defamation-blackball-your-executive-career-prospects/

This was my 33rd 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 33 published articles as you wish. See https://ceoworld.biz/author/robert-adelson/ 

It is my hope that this article will be of benefit to CEOs, C-level and senior executives who at some point in their career might face disparagement or defamation, which if not properly dealt with could seriously derail an otherwise successful and rising career. So, my hope is that this article will offer insights on these important matters. Feel free to share this article. If you or any colleague of yours has a need for a separation agreement attorney, please do reach out to me at rob@attorneyadelson.com.