Employment, Executives, Equity Compensation

Representative matters for Elizabeth Bleakley:

Employment and Executives

  • Negotiate executive employment and equity compensation agreement with incoming CEO on behalf of client company, including bonus structure, restrictive covenants, and related employee restricted share purchase agreement. Prepare related amendments to client’s operating agreement.
  • Investigate and advise client on proposed reduction-in-force (“RIF”) to reduce employees by approximately 30%. Provide legal counsel to client on the ADEA, OWBPA, ERISA, COBRA, WARN, at-will employment, disparate impact, and notice requirements. Prepare all related documents and notices, including separation and severance agreements and OWBPA disclosures. Provide guidance and consultation to client’s Board of Directors and executive officers throughout the process.
  • Resolve and negotiate repatriation issues of overseas employee with financial services company. Negotiate and revise related separation agreement.
  • Direct workplace investigation into employee complaints alleging discrimination, sexual harassment, and hostile work environment. Provide legal guidance to client on EEOC and related laws and regulations.
  • Advise former public company executive on securities law related to short-swing profits and affiliate shares, as well as potential litigation.
  • Confer with Board of Directors and executive officers and prepare related executive employment agreements and amendments.
  • Negotiate, advise client on, and finalize expatriate agreement with commodity exchange for client.
  • Confer with and advise client on termination of key employee and on buyout of employee’s profits interests. Prepare related documents for execution.
  • Prepare and negotiate employment separation agreement for Chief Accounting Officer of a public company.
  • Advise executive client on and perform due diligence related to prospective change in employers.
  • Negotiate and finalize an employment separation agreement for client futures firm with a departing executive officer.

Equity Compensation

  • Advise client on and prepare Restricted Stock Incentive Plan and related RSU Award Agreement. Add second class of securities, prepare corporate resolutions, and make revisions to related corporate governance documents.
  • Prepare and advise client on professional services agreement with equity compensation component.
  • Advise client on phantom equity plan and make revisions to existing plan and award agreements.
  • Prepare employee equity compensation plan and file and obtain an exemption from registration under state securities law.
  • Advise client on and prepare equity compensation plan and related award agreement for ecommerce client.