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Assessing & Negotiating Your Retention Bonus Offer

Changing jobs every few years is not frowned upon like it used to be. As a result, businesses are finding ways to incentivize their key employees to stay with their company. One of the most effective methods is to offer top performers a retention bonus. A retention is simply a payment made to the employee […]

Renegotiating Your CEO Package

If you have made it as a C-level executive, you have proven yourself as having significant value to your company. As such, it might be time for you to renegotiate your executive employment contract. When you were first hired, the company knew you looked good on paper. Now that time has passed and the company […]

Executive Severance Agreements

Although it may seem pessimistic to plan for your departure from a company as you are accepting your new position, it is also the smart thing to do. When the stakes are high, planning ahead is always the smartest move. A severance provision in your executive employment agreement sets forth whether you are employed on […]

Executive Employment Agreements – Part 2

When you are negotiating an executive employment agreement, there are several categories that should be addressed. In general, they are responsibilities, compensation/benefits, termination and restrictive covenants. Responsibilities It is important to clarify your duties, any performance goals, your authority within the organization, and your budgeting authority in your employment contract. You will need to understand […]

Executive Employment Agreements – Part 1

If you are a key executive employee, your employment contract sets forth the obligations and responsibilities between you and your employer. In other words, what each party agree to do (or not do) for each other. This contract also sets forth your executive compensation package, including benefits, equity and any severance payments. Other provisions commonly […]

What Should You Seek in Your Retention Contract?

If you are a CEO, CFO or some other key executive interested in negotiating a retention agreement with your employer, it is important to know what terms are the most important. The first place to start is to review your original employment agreement. When you initially took the job, you were most likely not in […]

When are Retention Agreements Used?

In the business world today, it is common for executives to change jobs frequently. Whether it is due to a better opportunity, or as a result of their company being bought or merged, your business should be prepared on how to deal with this type of transition. Most companies ask their executives to sign a […]

Using a Non-Disclosure Agreement During Mergers and Acquisitions

During the merger and acquisition (M&A) process, the drafting of Non-Disclosure Agreements (NDAs) with potential acquirers is extremely important. Most of the agreements used during M&As are for the benefit of the acquiring entity, but the NDA is drafted to protect the selling entity. Thus, it is wise to confer with your legal counsel before […]

Litigation, Settlement and Covid-19

The Covid-19 pandemic has had a negative impact on almost aspect of our lives. Many businesses and even the California court system are facing significant backlogs. In fact, even though the courts have reopened, most are operating at a reduced capacity which slows any progress. If you have a pending lawsuit, you are likely very […]

Questions to Ask Before Hiring a Business Attorney – Part 2

This is a continuation of our prior blog titled “Questions to Ask Before Hiring a Business Attorney – Part 1.” Before you retain a lawyer, it is important to ask specific questions that will help you determine whether he/she is the right person to represent you. Below are a few more things you should consider […]