Three Key Steps to the Fractional CFO Seat

Figuring out your niche — and what you can charge for it — is an essential first step for intrepid fractional CFOs, experts say.

Three weeks ago, on Wednesday August 16, 2023, CFO Drive magazine published a “Deep Dive” article  “Three key steps to the fractional CFO seat:  Figuring out your niche — and what you can charge for it — is an essential first step for intrepid fractional CFOs, experts say”.

This article was by veteran business magazine reporter Grace Noto, who earlier reached out to interview me on her subject.

This CFO Drive article begins as follows:

It’s the era of the part-time CFO: the financial leader who works flexible hours putting their unique skill sets to use at multiple businesses. As opportunities for this type of work expand, however, finance leaders who want to make the jump to fractional CFO work need to ensure they are covering all their bases.

A key step before taking on such a role is “knowing what it is that you bring to the table and what your specialty is,” said Michelle Delker, founder of The William Stanley CFO Group, a Wesley Chapel, Florida-based boutique fractional CFO and financial services firm.

Find your niche 

While some might think of CFOs as one-size-fits-all, that’s far from the case, with each leader bringing a unique background and experience to the job — Delker likened it to choosing restaurants, where two might serve the same type of cuisine such as Japanese or Italian fare, but specialize in different regions or cooking styles.

In the last segment of this CFO Drive article, entitled “Read the fine print”, the author quotes me on the importance of a full and reasonably comprehensive contract between the contracting CFO and the company that he or she is to serve on an interim or part-time basis.

One of these key points is to clearly delineate your duties, responsibilities and authority.  There should also be indemnity protection for your vulnerabilities.

I was also quoted on potential special compensation opportunities from the interim, part-time or fractional position relationship.  This might come from a special executive bonus tailored to the special strengths that you as the “hired gun” bring to the company.

My quoted comments also suggested creation of your own separate legal entity, typically a limited liability company (LLC), to seek out and take on part-time assignments.   This might also give rise to a marketing opportunity by choosing a distinctive tradename to brand your LLC raising visibility in your field.

To see Grace Noto’s full article in CFO Drive, go to LINK:  

 Three key steps to the fractional CFO seat | CFO Dive

In addition to this fine recent article, I also offer for consideration two articles I wrote on related subjects, published earlier by CEOWORLD magazine, that you also might find of interest.

1. This article of mine, published by CEOWORLD in 2017, discusses issues to consider when taking on interim or part-time C-level job opportunities:

Interim CEO & Turnaround CEO Employment Agreements | Attorney Robert Adelson

2. This article of mine, published by CEOWORLD in 2018, discusses issues to consider when creating a consulting business including an LLC to take on interim and fractional assignments between full-time CEO, CFO or other C-level positions:

Consulting Between CEO Positions | Executive Consulting | Attorney Robert Adelson

It is my hope that this recent CFO Drive article, as well as my two earlier articles published in CEOWORLD, all with links above, will be of benefit.  If you or a colleague is considering taking on an interim, part-time or fractional position as CFO, CEO or other C-level position, and you have questions on contract terms, compensation, liability or other issues,   please do reach out to me at rob@attorneyadelson.com or call 617-875-8665. 

Becoming a Remote C-Suite Executive – Opportunities & Employment Terms to Negotiate For

Eleven days ago, on Monday July 27, 2023, the executive career advancement website IvyExec published an article I wrote on “Becoming a Remote C-Suite Executive – Opportunities & Employment Terms to Negotiate For”.

As we emerged from the COVID-19 pandemic, remote work has become a fact of life for almost all businesses. Many executives are now working from home offices or suburban satellite offices and participate in meetings and conferences via online communication tools like Zoom. As a result, there is a growing trend of CEOs and C-suite executives interviewing for and assuming new positions without having to leave their homes or nearby home offices.

My article was designed for CEOs, C-level and senior executives, to offer advice and legal terms to seek and negotiation strategies related to remote work.

The article offers illustrations of how remote zoom meetings are aiding non-profit groups and client development, and then moves to how those same techniques are aiding C-level and senior executives conducting nation-wide job searches for new executive positions.

Then, my article suggests techniques to build a comfort level with prospective employers, for those executives who would like to take up an executive employment opportunity as a remote CEO or C-level executive, including the following negotiation strategies:

• Negotiate initial consulting to get to lead to your next CEO job offer;

• Negotiate for temporary relocation to build company comfort level;

• Use hazards of air and distance travel to reduce on site presence even with temporary relocation;

• Make executive compensation and equity concessions now to gain the remote position, with the expectation of being made whole in a later retention agreement;

• Assure your remote contract provides requisite online connectivity and necessary tools to enable your remote operation.

To see my full article, go to LINK: https://ivyexec.com/career-advice/2023/becoming-a-remote-c-suite-executive-opportunities-employment-terms-to-negotiate-for or my website, go to LINK: https://www.executiveemploymentattorney.com/becoming-a-remote-c-suite-executive-opportunities-employment-terms-to-negotiate-for/

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 on opportunities opening up across the US to CEOs, C-level and senior executives for remote work, originally inspired in 2020 by pandemic necessity, remains timely for many and will be of benefit. Hopefully, the topics I discuss including to conduct nationwide job searches, to interview and take positions in desired urban centers and also in more others locations, and to do all that without the need to even leave your home office or local satellite office, and finally, the chance to work remotely and effectively and to negotiate the right terms to secure this desired employment – will be of benefit to the CEO, C-level and senior executive clients I represent. Feel free to 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 or call 617-875-8665.

Essential Employment Terms for Female Executives

Ten days ago, on Monday June 26, 2023, the executive career advancement website IvyExec published an article I wrote on “Essential Employment Terms for Female Executives”.

Despite significant advances in employment laws, gender inequality remains an area of both concern and controversy. Women continue to lag behind men, even at the CEO, C-suite and senior executive level, when it comes to executive compensation, opportunity for advancement, job status and equity sharing, to name just a few.

Many women still have to prove themselves as trail blazers for their gender in all-male executive management teams that still operate as the “old boys club” with a locker room mentality toward women.

This article discusses hurdles faced today by women with regard to

• Hiring — achieving equal pay, benefits and other key terms in hiring
• Change of Control — achieving equal treatment for contributions made that have brought about a successful exit and change of control for the company
• Harassment & Termination — Circumstances where despite their professional attitude and achievements, women are not judged on merit, but instead face gender-based workplace harassment, threatened and even actual employment termination.

In each instance this article discusses not only these circumstances but also actions for women CEOs and senior executives to take to protect their interests, obtain their proper rights and benefits, and continue their path of career advancement.

To see my full article, go to LINK: https://ivyexec.com/career-advice/2023/essential-employment-terms-for-female-executives

or my website at https://www.executiveemploymentattorney.com/essential-employment-terms-for-female-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 the goal of this article and my work in this field to aid women CEOs and senior executives in facing these special challenges when they arise and overcoming these challenges 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 rob@attorneyadelson.com or call 617–875–8665. 

Startup C-Level Executive Salary, Equity and Severance Compensation Package

Three weeks ago, on Tuesday March 28, 2023, the executive career advancement website IvyExec published an article I wrote on Startup C-Level Executive Salary, Equity and Severance Compensation Package.

This new article offers contract terms to negotiate for executives senior executive looking to move up to C-level by joining a startup. Being a startup C-level executive can be rewarding in many ways. But taking that role has many risks too, so it is wise to go in with a job offer that protects you from the risks and ensures that if the startup succeeds, you will share financially in that success.

To help you negotiate your C-level job offer with the startup, this article discusses –
• Cash compensation expectations – base salary and bonus,
• Startup equity to seek in a funded vs unfunded startup,
• Huge tax opportunity of QSBS if you structure it right, and
• Severance triggers and package key terms to seek.

To see my full IvyExec career advancement website article, go to LINK: https://ivyexec.com/career-advice/2023/startup-c-level-executive-salary-equity-and-severance-compensation-package

Or on my website at https://www.executiveemploymentattorney.com/startup-c-level-executive-salary-equity-and-severance-compensation-package/

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 those offered or considering and offer for a C-level position in a startup company. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com. 

Forming a Competing Company to Take 100% Ownership of the Business You Built

The bold self-help response when your employer reneges on promise of shared ownership  

Two weeks ago yesterday, on Sunday February 19, 2023, CEOWorld magazine published an article I wrote on “Forming a competing company to take 100% ownership of the business you built”

This new article is designed for designed for CEOs, COOs, C-level and senior executives, who  were brought aboard a company by the owner or owners of the company to fill the need specific knowledge or capabilities, to retain or develop new business, to exploit a perceived opportunity, or to otherwise develop and execute a business turnaround for the business.   To take on this assignment to join the owner’s company as CEO or other senior position, the executive was recruited with the owner’s offer of significant equity and shared ownership, to thus enable the executive to have a significant stake in the value he or she was bringing to the business and its owner.  Yet, once your job was done or largely done, the owner moved the goal posts  on you or has otherwise reneged on the promise made of significant equity on which you relied to take the position.

In this case,  where you have done your job, met expectations and  delivered value as expected, and the owner now changes the rules and denies you the equity  you earned, this article suggests to you a self-help strategy to make you whole for what the owner has denied you, and maybe even more equity than you were first promised (serves the double-dealing owner right!).

My article discusses this self-help strategy covering these topics –  

• What are the right circumstances to take, for yourself,  the ownership you were promised? 

• What are the constraints and circumstances that would limit such corrective self-help action on your part?

• How do you go about setting up shop, to create your own company  in head-to-head competition with your former company and its owner?

•  Is this self-help strategy the right choice for you?

As part of the discussion on forming your own company, my  article offers important cautions and tips for those who would wish to take this advice and form their own competing business.   These important cautions and tips, are also drawn from lessons learned and experience gained from my past CEO and C-level executive client representations in this field.

At the end of the article, I conclude by stating that if  you have essentially built a business, with production, marketing and sales, and the owner has chosen not to fulfill his or her promises to you of shared ownership, this article suggests to you a road map for self-help.  With the right executive employment counsel advising you, you may well be able to take charge.  For many who have done just that, it has proven to be professionally and financially rewarding.  Whichever course you take, best of luck to you!

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

Or on my website at https://www.executiveemploymentattorney.com/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

This was my 40th 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 40 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/ 

Building & Keeping Your Executive Team: How to Recruit and Retain Senior Executives for Your Startup or Early Stage Company

This presentation was given eight weeks ago on May 17, 2022, for the Boston Entrepreneurs’ Network (ENET), where I was one of three invited speakers for the ENET’s webinar that evening on the topic “Recruiting Board Members and Senior Executives”.

As I explained to the ENET audience that night, since 2016, my law work has increasingly focused on executive representations, negotiations over job offers, employment terms, equity, executive compensation, separation and severance, for C-level and senior executive clients.

Today, more than 95% of my law work and 98% of all new law work consists of those representations. 

But on occasion, a company will hire me.

Why would a company do that?  Why would a company hire an attorney known to be one so focused on representing the interest of executives?

The reason:   The company is  having difficulty recruiting an A-level senior executive.  They cannot pay top dollar and are willing to try something different to recruit that ideal man or woman to fill the pressing need in their organization.

So … in that time of pressing need, the company hires me, as one who knows what executives seek to help the company “think out of the box” – to devise a strategy and prepare documents to get the best executive at the least cost and within the company budget.   For a startup or  early stage company, it is executive recruitment on a shoestring.

In my work representing companies, my slogan is “Appear Generous.  Demand Performance.”  The strategy I develop and then the documents I prepare are radically different then most executive employment and equity documents.  My documents do appear to be fair …even generous.  And in recruitment, I help the company with its “sell” – telling executives, “Even at less base pay you will come out ahead with our package.  And what’s more, this package reflects a culture where you will be valued and respected.”

But we still demand performance.  My documents are still employment “at-will” and I make sure that a company can readily terminate a non-performer.  But what is different, is that my documents provide that if the executive does perform, he or she won’t be cheated out of what they earned.   Sadly, that element of basic fairness, is often so rare in today’s corporate America.

In my presentation and slides, I discuss such issues as

• Employment position and terms
• Base pay and bonus structure
• Tax favored equity structure
• Fair equity terms and vesting
• Reasonable equity rights
• Reasonable termination protections
• Fair severance terms

Between the revolutionary terms I suggest,  and our explanation and “sell” to the executive recruit, I have had a high success rate.   Although we are often significantly outbid on the dollar figure, I often get my target man or woman for my company client.

For my slides for this presentation, LINK:  https://www.slideshare.net/RobertAdelson/building-keeping-your-executive-team-how-to-recruit-and-retain-senior-executives-for-your-startup-or-early-stage-company

To see and listen to the video of my 19-minute ENET presentation on executive recruitment from my website, LINK:  https://youtu.be/vCCJ5RO1blw

or access both my presentation slides and video recording on my website, LINK:   https://www.executiveemploymentattorney.com/building-keeping-your-executive-team-how-to-recruit-and-retain-senior-executives-for-your-startup-or-early-stage-company/   

It is my hope that this article will be of benefit to CEOs and Company founders who are having difficulty in recruiting a high caliber C-level and senior executive for a role key to growth, and might want to think out of the box….  Feel free to share these slides or this portion of my July 2022 Business Law Newsletter.  If you or any colleague of yours has a need in this area, please do reach out to me.

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.