Retention Agreement Provisions that Favor the Employee

If you are working for a company that is merging with or acquiring another company, it can mean that your future is unclear. If you are a key employee of your company, you may be asked to sign a retention agreement as a condition of your continued employment with the newly formed company. Whether you […]

Severance Pay: Single Trigger vs. Double Triggers for Entitlement

Retention agreements are typically used by employers during times of uncertainty. The company may be pursuing a new strategic direction, it is being acquired by another entity, or any other activity that could make key employees think about seeking employment elsewhere. In order to ensure success and stability, the company is willing to offer additional […]

Why Your Business Cannot Ignore the Demand to Mediate

Many litigants do not take the demand to mediate as seriously as they should. In many cases, it is not optional and, by ignoring the demand, you can cost your business significantly. Once you have been served with a lawsuit, you should immediately confer with an experienced business litigation attorney. If you ignore letters from […]

Retention Agreements: What Happens to My Unvested Shares?

It is common for clients to call and ask what will happen to their unvested shares of stock if their company merges or is acquired by another entity. It is critical to understand how unvested shares will be treated in an acquisition, especially if you are working for a start-up company. As a founder or […]

Change of Control: Important Questions to Ask Your Attorney

If you are reviewing a change of control (“COC”) agreement with your company, it is critical to confer with an experienced attorney regarding your options. Below are a few important questions to ask your lawyer: ● Is my current change of control agreement valid? It is important to have your attorney review all your current […]

ERISA Implications if Retention Agreement is Breached

Change in control agreements are often referred to as “golden parachute agreements”; These types of contracts became popular in the 1980s when hostile takeovers were common. In today’s business world, even in friendly takeovers, senior executives are requesting protection to continue employment. The acquiring company wants to negotiate retention agreements to provide stability in management […]

Tips for Reducing the Risk of Employee Lawsuits

If you are a small business owner, you likely fear the idea of litigation. One of the primary areas of exposure for businesses is employee litigation. We all know lawsuits are expensive, but they are also costly to your business’ reputation. Thus, it is important to be proactive in taking steps to minimize your risk […]

What’s negotiated in Retention Contracts?

There are a variety of issues that are negotiated in retention agreements, including but not limited to salary, bonuses, stock options, medical and other benefits, as well as other perks. One item that many executives do not think about is what will “trigger” these negotiated terms into being an active term of the contract. The […]

Tips for Proposing Retention with Your Company

If you are a CEO, COO, CMO, CTO or other senior officer of your company, it is important to understand why proposing a retention agreement with your company could be beneficial to you. If you are being recruited or an attractive opportunity has been offered or is forthcoming, it is time to consider the option […]

Circumstances Warranting Retention Agreements

In the modern business world environment, it is common for executives and other high-ranking officers to change jobs every few years. Whether they move for a more lucrative opportunity or their company merges with another entity, it is common for the company to ask the executive to sign a change of control agreement or retention […]