One of the most common types of business lawsuits is for a breach of contract. The breaching party typically is liable to the other party for damages incurred as a result of the breach. The damages the non-breaching party is entitled to depends on the type of breach and the terms of the agreement between […]

This blog is a continuation of our prior blog post titled “What to do if You are Offered a Retention Bonus – Part 1.” Below are a few more items to consider when you are presented with a Retention Agreement by your employer: ● It is common for a Retention Agreement to provide that the […]

The primary reason employers offer retention bonuses is to ensure key employees will remain with the company after a merger, to protect relationships with important clients during the transition, or to continue to gain from your unique knowledge or skill. In other words, you are deemed to be valuable to the continued success of the […]

Retention agreements have several provisions that favor the employee (see our previous blog titled Retention Agreement Provisions that Favor the Employee), but this type of contract is typically drafted by the employer for the employer’s benefit. Thus, if you are a key employee considering signing a retention agreement, it is critical for you to have […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]