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.

Negotiating Executive Retention Agreement Terms to Protect Your Interests

On April 26, 2019, CEOWorld magazine published an article I wrote on “Negotiating Executive Retention Agreement Terms to Protect Your Interests” The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website. 

This article is designed for CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where your current company might provide a significant retention package for you to stay.

This frequently occurs when the company is “in play”.  However, besides this change of control situation, my article discusses a number of other circumstances where executive retention negotiations occur, including where:

• The company is nearing a critical milestone, necessary for a funding round,
• The company is planning its IPO and needs an executive lockup,
• The executive has close relationships with key accounts and the company fears a significant loss of business,
• The executive has close relationships with key management and performers in the company and fears a significant attrition,
• The executive as an inventor, innovator and technologist has a critical role in product creation, maintenance or development, or
• The executive has achieved a level of notoriety such that his or her loss could have a negative impact on perception of the company within the customer or business community where the company operates.

My article also discusses how to raise the issue of executive retention, how to negotiate and frame the executive retention package as a mutually beneficial “win-win” for the executive and the company, and finally the key terms to seek in your executive retention agreement.

To see my full CEOWorld magazine. article, go to LINK:  https://ceoworld.biz/2019/04/26/negotiating-executive-retention-agreement-terms-to-protect-your-interests/
Or on my website https://www.executiveemploymentattorney.com/executive-retention-agreement/
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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 helpful to CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where the current company might provide a significant retention package for the executive to stay.   If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.

Representative cases of executive retention and change of control agreements

• CEO of a Massachusetts medical products manufacturer – change of control agreement
• Senior Vice President of Massachusetts financial institution – retention and severance agreements

Robert A. Adelson, Esq. is a business and tax attorney, and partner in the firm Engel & Schultz LLP in Boston, MA.  He has an advanced LLM degree in the law of Taxation from NYU and has for more than 20 years represented CEOs, C-Suite and senior executives across the country in issues of senior executive employment including terms of equity, executive compensation package, severance agreement, change of control, restrictive covenants and other key executive issues. 

Getting Executive Severance Rights and Compensation When You Choose to Quit Your Position

On May 30, 2017, CEOWorld magazine published an article I wrote on  “Getting Executive Severance Compensation When You Choose to Quit” This article was designed for CEOs, C-suite executives and other senior executives who for reasons beyond their control want to quit their current position and ought to be able to get appropriate executive severance compensation in connection with their separation.

My article takes up four main areas:

• Circumstances when you want to quit
• Issues governing Severance when you quit your position
• Key contract terms:  Termination for Good Reason in your Job Offer
• Circumstances of Constructive Discharge
• Severance rights and compensation to seek for in Constructive Discharge
• Getting what you deserve if you terminate your position

To see my full article, go to LINK:  http://ceoworld.biz/2017/05/30/getting-executive-severance-compensation-when-you-choose-to-quit/

or on my website at http://www.executiveemploymentattorney.com/articles-section/getting-executive-severance-compensation-when-you-choose-to-quit/

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 this article will be helpful to senior executives who are considering quitting their current position or feel they are now being forced out, and deserve severance and the change to start anew while keeping their careers on the upward trajectory.  If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.

Executive Employment Termination: What Constitutes Wrongful Termination?

You are the CEO or a C-suite officer or senior executive and you’ve been putting your heart and soul into the job. You’ve been meeting your deadlines, meeting your targets. You’re in line for a decent bonus or raise. Yet, instead of praise and reward, one day you are summoned to meet the Chairman or the CEO. HR is there also and you are told the Company is going to go “in a new direction” and your services are no longer needed. What do you do?