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/

Severance Compensation Package for Director, VP and C-Level Executives

Last Wednesday, on January 4, 2023, the executive career advancement website IvyExec  published an article I wrote on “Severance Compensation Package for Director, VP and C-Level Executives”

This new article is designed not only for CEOs, COOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, and also for other senior executives, and in other areas of the economy as well, but even for many VPs, directors and mid-level executives, who at one or more points in your career may face employment termination.  

Termination often comes as result of a change in ownership, control or top management that wants to clean house and bring in their own team, regardless of your success and past contributions.  In that case you might be called in and told “we’ve decided to go in a new direction…” classic code for your job is toast.  Other times a series of changes occur that make it hard for you to continue.

In my new article, I address  the following questions:

1. Why do you need to have a severance package in your executive job offer?
2. When can you later negotiate a severance agreement or package that you could not obtain in your job offer when you joined the company?
3. What is a typical monetary executive severance package for VPs, directors, CEOs, CMOs and other C-level executives?
4. What other non-monetary separation terms should you seek?

My discussion of monetary terms includes not only cash salary and bonus but key equity terms as well, so that a negotiated severance package, regardless of the timing and circumstances, is designed to make you whole for what you are losing with employment termination.

The discussion of non-monetary issues in the severance package includes important issues of Severance Triggers, Restrictive Covenants, Non-disparagement,  and Release of claims.

To see my full IvyExec career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2023/severance-compensation-package-for-executives/

Or on my website at  https://www.executiveemploymentattorney.com/severance-compensation-package-for-director-vp-and-c-level-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, 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 rob@attorneyadelson.com. 

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.

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.​

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.

Adelson & Associates, LLC: New law firm and address, but Continuity in my Growing Law Practice for 2020 and Beyond

We begin this new year 2020 with a new law firm and a new downtown Boston address, but, at the same time, with full continuity for my growing law practice, which saw its best year in 2019.

Here is more information on the new firm:

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 as a partner of Engel & Schultz, LLP, and at the same time referred legal work to his associates, that is to trusted and experienced colleagues of Mr. Adelson’s including several of his former law partners. However, in December 2019, the lead partners of the Engel & Schultz LLP law 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 law firm’s operations on January 1, 2020, with the new law firm, Adelson & Associates, LLC, from that date and going forward, taking over all current Robert Adelson clients and matters, as well as all referral of legal work to associates of Robert Adelson.

Commencing tomorrow, 1/15/2020, the address for the new law firm Adelson & Associates, LLC will be 101 Federal Street, Suite 1900, Boston, MA 02110 (another premier Class A office building across the street from our prior building, One Federal Street, with our new offices, this time, on the 19th floor rather than the 21st floor).
The office phone number (617-951-9980 ext 205) and fax number (617-951-0048) are, for the present, those of Engel & Schultz LLP.  However, by the end of January 2020, it is expected the new office phone and fax for Adelson & Associates, LLC will be in place.  If any question arises in this period, when trying to reach Robert Adelson by phone, please use the direct Mobile phone number which remains unchanged and will continue in full use now and going forward  (617-875-8665).

The email for Robert Adelson ( radelson@engelschultz.com ) is, for the present, his  Engel & Schultz LLP email.  The new domain for Adelson & Associates, LLC has been established, and Robert Adelson’s new email is rob@attorneyadelson.com.  However, the seamless migration of radelson@engelshultz.com to rob@attorneyadelson.com  has not yet been completed.  By the end of January 2020, it is expected that the email migration will be completed.  So, until you are advised that the email migration has been completed or you begin to receive email from the new email address, please continue to use radelson@engelshultz.com for all email communications to Robert Adelson.

Our website remains essentially unchanged, with the same internet address – www.executiveemploymentattorney.com.  In marketing, our new shingle and brand will give greater emphasis to my website and marketing emphasis:  “Adelson & Associates, LLC – Executive Employment Attorney.”  The webpage, established for me at CEOWorld magazine, too will remain largely unchanged.  The web address remains –http://ceoworld.biz/author/robert-adelson/ .  At that address, you will have a link to over twenty-five (25) articles Robert Adelson has written over the last few years and published in CEOWorld magazine.  These are articles on executive job offers, restricted stock and stock options, RSUs, executive bonus structures, change of control, executive retention agreements, wrongful termination and constructive termination and many other subjects of interest to CEOs, CFOs, CSOs, CTOs, COOs, VPs and other senior executives in industries ranging from financial institutions, retailers and manufacturers to software, medical devices and biotechnology companies.  From his contributions, Robert Adelson has been recognized by the magazine as an opinion columnist and authority in this field for the CEOWORLD Magazine.

At the same time, Robert Adelson continues to represent a number of small companies, company founders, entrepreneurs and independent consultants.  That will not change. Robert Adelson will continue those representations and accept new clients in those areas who seek me out. However, the Adelson & Associates, LLC marketing emphasis and the majority of its law practice growth is expected to occur in the representation of CEOs, C-level and senior executive in executive employment, executive equity compensation, retention and separation situations.

It has been our pleasure to serve you over the past 15 years under the firm name Engel & Schultz LLP, and we very much look forward to continuing to serve you under our new shingle, Adelson & Associates, LLC.

If you have a question or comment on my new law firm, please don’t hesitate to call or email Robert Adelson.  Also, if business or pleasure finds you in the Post Office Square area of Boston’s downtown Financial District, and you would like to check out our new offices, please give a call or shoot us an email, and, as Ernie Boch Jr would say, “Come on down!”

Best regards,
Rob Adelson
ROBERT A. ADELSON, ESQ.
Adelson & Associates, LLC / Executive Employment Attorney
101 Federal Street, 19th Floor
Boston, MA 02110
Office: (617) 951-9980 EXT. 205
Mobile :  (617) 875-8665
FAX:  (617) 951-0048
E-mail:  radelson@engelschultz.com
Blog:  https://robadelson.wordpress.com/
Twitter:  @AttorneyAdelson
Webpage : www.executiveemploymentattorney.com
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/

Executive Equity Compensation in Severance Negotiations

A week ago, on October 30, 2019, CEOWorld magazine published an article I wrote on “Executive Equity Compensation in Severance Negotiations”.  The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and the CEOWORLD “Logo” on my website.

This was my 25th 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 October 30, is designed for CEOs, C-level and senior executives, for whom equity can often be the most valuable part of their executive compensation package.  The article addresses the question – what happens to that equity position if you face employment termination – and offers tips for severance negotiations over equity, including

• What to include in your offer letter or executive employment agreement when you join the company?
• What to seek in a change-of-control / retention situation?
• What to negotiate for on employment termination?
• The importance of equity in your severance negotiations.

In discussing equity severance negotiations at the time of employment termination, my article raises using your leverage in employment separation negotiations including

• Legal claims you may have against your company related to wrongful termination of employment,
• Termination transition services and support the company may desire from you,
• Cooperation to sign a lock-up agreement or other documents or actions post-termination.

To see my full CEOWorld magazine. article, go to LINK:
     https://ceoworld.biz/2019/10/30/executive-equity-compensation-in-severance-negotiations/

Or on my website at
     https://www.executiveemploymentattorney.com/executive-equity-compensation-in-severance-negotiations/

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/

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 CEOs, COOs, CMOs, other C-Level and senior executives to provide for appropriate terms to protect their equity rights in any present or future severance negotiations.  If you or any colleague of yours has a need in this area, please do reach out to me at radelson@engelschultz.com.