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Showing posts with label executive employment agreement. Show all posts
Showing posts with label executive employment agreement. Show all posts

Tuesday, September 9, 2025

Negotiating Terms of Chief Legal Officer Employment Contract


 September 2025 edition

I hope this email finds you and your family in good health. We are now in our last weeks of summer, with vacations now over or ending, Labor Day and its cook-outs and other fun associated activities, all now past us, as we look forward to Autumn and a return to our usual routines. So, for most of us, the time for the beach and ocean swimming is now past, but still September is a great time for long walks, hikes and bike rides, and later this month, apple picking and the New England fall foliage season.

These are good times for Boston Red Sox fans with long win steaks in July and August, and a winning ball club anchored by a stellar starting pithing rotation of Garret Crochet, Bryan Bello and Lucas Giolito, with Garrett Whitlock and closer Aroldis Chapman. Thus, through Labor Day, the Sox are 15 games over .500 and would make the playoffs. I have been fortunate to attend a number of thrilling Red Sox victories these last two months including two walk-offs with he Sox sporting their walk-off greens. In close games, where Alex Cora calls for his closer, it has also been fun to see the entrance of Chapman into game when the Sox do a video tribute to the late Luis Tiant who passed away last October. Here is footage, with the title “Aroldis Chapman pays tribute to Luis Tiant and Celia Cruz upon entering the ballgame (Google translate from Spanish), credit to and posted by Yuni Sport. https://www.youtube.com/watch?v=Cy7bJXjV8Q4

Meanwhile, the Patriots after going 2–1 in pre-season games, will have their first real test this Sunday when the Las Vegas Raiders travel to Foxboro. With a new season springs new hope. After a 4–13 record last year, it would be stretch for the Patriots to reach .500 or to make the playoffs. But with new coach Mike Vrabel, a graduate of the Patriots Glory years, and returning offensive play caller Josh McDaniels who will no doubt aid the development of second-year quarterback Drake Maye chances for a better season seem enhanced. Plus, the Patriots used free agency and the draft to bolster the line of scrimmage, while adding key veterans including among receivers. So, fingers crossed for the opener Sunday and better season to follow.

As for Newsletter items, item #1 provides a link to an article of mine, published six days ago in CEOWORLD magazine designed for attorneys in private practice or in the public sector or already in house for a company, on key terms to seek and for which to negotiate if you are offered the position of Chief Legal Officer (CLO). This newsletter also has links, in items #3 and #4, to two other earlier articles of mine, one published by the IVYEXEC career advancement site, on terms to seek in C-level and senior executive job offers, and the second published in CEOWORLD magazine, on using your “ace in the hole” in C-level executive contract negotiations, including job offers, severance and consulting contracts. There is also a special offer as item #5. I hope some of these items might be of benefit… and my best wishes to all for the rest of September!

1. Negotiating Terms of Chief Legal Officer Employment Contract

Are you an attorney in private practice or in the public sector? or are you already in house counsel for a company? and … are you now considering or already received an offer to be Chief Legal Officer (CLO) in your current company or a different company? The CLO role will likely be a big step-up for you to a role likely much bigger than the role you have had. The CLO plays a pivotal role in protecting the company and guiding it forward. My new article, published last Thursday in CEOWORLD magazine, discusses the elevated status of CLO over that of General Counsel or other in house roles and then goes on to discuss that and the key areas every CLO should consider including your negotiations over your executive agreement terms. 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. Key Terms to Negotiate in your next Executive Job Offer

Are you actively considering new CEO, C-level or senior executive position? Have you received a job offer? Are you now or will you shortly be negotiating the terms of your executive job offer or employment contract? My article published by IVYEXEC career advancement site, in October 2023. explores the key terms that are negotiable and the kinds of things to seek as you negotiate your next executive employment job offer. Read the Article Here

4. Using Your Ace in the Hole in Executive Contract Negotiations

Have you ever considered keeping and using an ace in the hole in your executive contract negotiations? My article published a year ago in late August 2024 by CEOWORLD magazine discusses just that: how keeping and using an ace in the hole can help you in negotiations over executive contacts, including job offers, employment agreements, separation agreements and contracts for consulting. Read the Article Here

5. 9/2025 Offer: Good until Sept, 30th

This 4-week value-packed offer, is as a way to get introduced to my law work: an Executive Employment Job Offer Law Diagnostic — this offer is good through 9/30/25. 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
Email: rob@attorneyadelson.com
Website: www.executiveemploymentattorney.com
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/
Blog: https://robadelson.wordpress.com/
X: @AttorneyAdelson

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.

Sunday, June 8, 2025

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

Robert Adelson, Esq.

*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/

Monday, February 10, 2025

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 , 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  in the following important areas:

  •  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
  •  and other expenses (e.g. maintaining your M.D. license) again to keep you whole when you change companies.

The article also discusses  for your protection in case changes necessitate you to change companies in the future.

To see my full article, go to LINK: 

or my website, go to LINK: 

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

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 , 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  or call 617–875–8665.

Tuesday, January 7, 2025

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.

CEO job offer negotiation strategies

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.

Sunday, November 27, 2022

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,  CFOsCOOs, 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.

Friday, October 22, 2021

CMO Employment Contract Tips to Protect You and Your Job

 On September 30, 2021, the website Ivy Exec published under executive “Advancing” an article I wrote on “CMO Employment Contract Tips to Protect You and Your Job”.

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives, who currently are considering offers for the Chief Marketing Officer position but expect to soon receive such an executive job offer or who aspire to such an offer in the future.

As Chief Marketing Officer the executive may be expected to oversee all areas of a company’s overall promotion, branding, digital presence, advertising and sales strategy, as well as coordinating marketing efforts with the company’s product development, financial position and goals. My article mentions how responsibilities and authority of the CMO can vary by organization but often include most or all of these duties:

  • Market research and analysis to better understand customer tastes and needs, and develop pricing strategy,
  • Determination of the type of media best suited to reach target audience,
  • Development and execution of a Digital marketing plan through various online and social media channels, proper SEO, email, and website development,
  • Utilization where appropriate of advertising campaigns with giveaways, contests and other means to build interest in company products or services.
Chief Marketing Officer considering a job offer

My article also discusses delineation of your duties, responsibilities, authority and reporting and including in your offer letter or employment contract key executive employment terms on which you rely to take the job.

Finally, but also importantly, my article next discusses what to seek in getting the right CMO Compensation Package, and concludes with a discussion of severance rights to enable you to protect the terms of your bargain reached with the company.

To see my full IvyExec Career Advice website article, go to LINK: https://www.ivyexec.com/career-advice/2021/cmo-employment-contract-tips

Or on my website at

https://www.executiveemploymentattorney.com/cmo-employment-contract-tips-to-protect-you-and-your-job/

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/

It is my hope that this article will be of benefit to VPs, directors and senior executives who have the opportunity to negotiate their first job offer to be Chief Marketing Officer or for those who are already CMOs and seek more appropriate terms in their next job offer. My article suggests terms and approaches to each of you and thus I hope will provide you a benefit in your negotiations.

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.

Wednesday, July 14, 2021

Executive Contract Terms to Negotiate with Your Prospective Employer

On Tuesday June 22, 2021, the website Ivy Exec published under “Career Advice” an article I wrote on “Executive Contract Terms to Negotiate with Your Prospective Employer”.



 

This new article is designed for CEOs, C-level and senior executives, who are sometimes neglectful of their own interests and might be tempted to accept the assurance from a prospective employer that the job offer terms are just standard.  But executive contract terms are not standard.

My article discusses critical contract terms that, as a senior executive, you should consider negotiable to assure you are receiving fair financial treatment and to provide important protections to your career path and reputation.  I suggest negotiation strategies for key contract terms including: 

  • Signing Bonus – to make you whole for what you are giving up from your job and also compensate you for the risks you are taking going into a new situation where you will have to prove yourself yet again,
  • Meaningful Equity – giving you a stake in the company sufficient in size and upside potential to justify the move.
  • Tax-favored Equity – with my structuring suggestions to maximize your take-home pay.
  • Restrictive covenants – NDAs limited to not bar you from future utilization of  your prior knowledge and connections, Non-competes limited so no significant detour is created to the expected path for your future career growth,
  • Severance triggers – to allow you to quit for good reason if the company fails to live up to promises you relied on accepting the offer;  
  • Robust severance terms – with not only severance pay but continuation of health benefits, prorated bonus and equity acceleration.

My article then concludes with a discussion of other non-contract factors that go into the decision to accept a job offer such as compatibility with company, fit of skills and personality, and your belief in company prospects.  

But remember, even where you see a good fit going in, things can change: so, having a good contract is an important protection against your champion leaving or other unforeseen developments.

To see my full article, as published in the “Career Advice” section of the Ivy Exec website, go to LINK: https://www.ivyexec.com/career-advice/2021/executive-contract-terms-to-negotiate-with-your-prospective-employer/

 Or on my website at https://www.executiveemploymentattorney.com/articles-section/executive-contract-terms/

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/

It is my hope that this article will be of benefit to CEOs, C-level and senior executives who are contemplating a new job offer or employment contract and want to assure the key need financial terms and career protections are in place.  This article suggests to you what is negotiable and that it may be wise to seek these items even when you feel confident the job is a good fit for you.  Because sometimes, your champion may leave or other things might happen – so that, at that point, it might be comforting to you to know you have in writing critical contractual protections.

So, my hope is that this article will offer insights on these important matters. 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.

Friday, May 7, 2021

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.

Saturday, May 30, 2020

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.​


ambitious executive

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.