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 […]

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 […]

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 […]

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 […]

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 […]

During a merger and acquisition, CEOs and other executives must take the negotiation of their retention agreement seriously. These contracts significantly impact your future, so you must invest your time and attention to ensure the agreement helps you and doesn’t hurt you. In other words, you should work with an experienced attorney to negotiate, review […]

If the company you are employed by is involved in a pending merger and acquisition (M&A) or other form of reorganization, and you are negotiating a retention agreement, having an experienced on your side is critical. Many key employees make the mistake of attempting to handle their retention contract on their own, only to realize […]

As with most things in life, the sooner you start discussing retention agreements during a merger and/or acquisitions (M&A), the better. Unfortunately, many times an entity involved in a M&A leaves these negotiations to the very end of the process, which can be detrimental to both the executive and the company. Retention Contracts A retention […]