Robert Adelson, Esq. - Boston Executive Employment Lawyer: executive employment contract terms

Showing posts with label executive employment contract terms. Show all posts

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 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.

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.

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.

Monday, September 7, 2020

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.

Sunday, May 3, 2020

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/

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 –

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.

Pages

Monday, February 10, 2025

Executive Contract Negotiations for Life Sciences Executives

Tuesday, January 7, 2025

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

Monday, September 7, 2020

Achieving Zero Taxation on Sale of Your Startup Equity

Sunday, May 3, 2020

Has a New Employer Withdrawn Your Executive Job Offer?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

Tweeting My new CEOWorld article on “Has a New Employer Withdrawn Your Executive Job Offer?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

Has a New Employer Withdrawn Your Executive Job Offer?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

Has a New Employer Withdrawn Your Executive Job Offer?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

Has a New Employer Withdrawn Your Executive Job Offer?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