Executive & Incentive Compensation/ Employee Agreements

B&M counsels our clients on all types of executive, key employee, and incentive compensation including both qualified and non-qualified plans relating to stock options and deferred compensation. We have a breadth of experience drafting and negotiating compensation packages and employment and separation agreements. Our depth of exposure to both the employer and employee perspectives gives us a critical vantage from which to guide our clients in the preparation and negotiation of these plans and agreements. The following is a summary of the types of plans and agreements we prepare:

Stock Option Plans provide employees with the opportunity to purchase stock in the company, often at a discount, as a form of non-cash compensation. This gives the employee a clear incentive to act in the best interest of and promote the interests of his or her employer.

Incentive Compensation Plans include bonus, stock option, and other plans that provide compensation on the achievement of measurable goals or targets.

Deferred Compensation Plans pay a portion of an employee's income at a date after which that income is actually earned. Examples include pensions, retirement plans, and stock options. The primary benefit of deferred compensation is the deferral of tax to the date on which the employee actually receives the income; but the IRS regulations in this area are very strict and careful drafting is essential.

Employment Agreements can be basic or complex and commonly outline the terms of employment including a job description, term, bases for termination, compensation and, if appropriate, non-solicitation, non-disclosure, and non-competition provisions. They can also clarify the ownership of the employee's work product and the rights of either party to derivatives from that work product.

Please see our Employment Litigation section and Contract & Licensing page for additional information and related services.