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    • Exit Strategies
    • Next Steps
    • Networking
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  • Home
  • Exit Strategies
  • Next Steps
  • Networking
  • DIY
  • About Us
  • Search Site

Exit Strategies

Being Forced-out? Fired? Worried?

Involuntary Exits

Possibly Resigning? or Retiring?

Voluntary Exits

Sale of Business? Change in Control?

Get Better Informed

Bankruptcy Risk -- Survey Data -- Tax Rules

Bankruptcy and DIstress of Employer

  • Protections to consider
  • 2020 Article: 8 Executive Pay Considerations For An Economic Downturn (Law360, 2020.01.14)


Survey Data

  • Severance Benefit Levels - how much? what forms? 
  • Other Forms of Compensation - from total comp to difference components


Tax Considerations

  • General Rules applicable to U.S. executives - (409A)
  • Golden Parachute Rules - mergers/sales
  • Tax Exempt Organizations

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Understand Your RIghts - And Risks

Litigation by Executives vs. Employers

  • Clawback litigation under State and Federal Law - notably: SOX and Dodd-Frank
  • Forfeitures for Competition or Other Disloyalty
  • Joint Employer Liability
  • Non-qualified Plan Litigation (Deferred Compensation, SERPs and Top Hat Plans)
  • Personal Liability of Employer's Executives
  • Rabbi Trusts
  • Severance Agreement Claims / Severance Plan Claims
  • Stock Award Litigation (including LTI and bonus plan litigation)


Claims Procedures and Precautions

  • Claims Processes Generally- and Standard of Review (e.g. arbitrary and capricious)
  • Arbitration of Claims
  • Exhaustion of Remedies
  • Forum Selection Clauses
  • Internal Limitations Periods for Claims


Further information and Updates:

See www.ExecutiveLoyalty.org 

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