In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an M&A transaction with respect to employees, employee benefits and compensation. The conversation delves into the importance of being prepared for diligence, the curation of a proper knowledge group, and the implementation of various retention tools.

Episode Resource:

• Deferred Compensation: A Primer on Section 409A of the Code and Why it Matters

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits

Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits

Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

This episode of “Just Compensation” features Andrew E. Graw, Megan Monson, and Jessica I. Kriegsfeld of Lowenstein Sandler's Executive Compensation and Employee Benefits group discuss when severance plans will be subject to ERISA, and the requirements associated with complying with ERISA. They also address other deferred compensation considerations for severance plans such as compliance with Section 409A, noting that while having a severance plan subject to ERISA can impose additional responsibilities for employers, it can also have advantages.

Episode Resources:

1. Puttin’ on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a “Top Hat” Plan | Lowenstein Sandler LLP
2. Deferred Compensation: A Primer on Section 409A of the Code and Why it Matters | Lowenstein Sandler LLP
3. The Impact of 457A on Deferred Compensation from non-US Entities | Lowenstein Sandler LLP
4. Code Section 409A - Six Month Delay | Lowenstein Sandler LLP

Speakers:

Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits
Megan Monson, Partner, Executive Compensation and Employee Benefits
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

On this episode of Just Compensation, Jessica Kriegsfeld speaks with Darren Goodman and Taryn E. Cannataro about stock options and Section 409A of the tax code, a complicated set of rules regulating the taxation of non-qualified deferred compensation, such as equity awards. The lawyers discuss how to structure stock options to avoid a penalty tax under Section 409A, including the importance of determining the exercise price of stock options correctly.

Speakers:

Darren Goodman, Vice Chair, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits