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
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: