“Top hat plans” —non-qualified deferred compensation plans that can be exempt from most of the requirements of Employee Retirement Income Security Act of 1974 or ERISA—can be a useful tool for employers looking to provide...more
On the latest episode of Just Compensation, Lowenstein’s Darren Goodman, Megan Monson, and Jessica Kriegsfeld of the Executive Compensation, Employment and Benefits practice discuss how the structure of an M&A transaction...more
On this episode of “Just Compensation,” the hosts provide an introduction into Section 409A, the complicated tax code provision that governs non-qualified deferred compensation: when does it apply, how do you comply with it,...more
April 23, 2024, has been a very busy day on the employment front, with significant, far-reaching moves at the federal level.
Non-Compete Ban-
First, in a watershed vote during an open commission meeting today, the...more
4/24/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Independent Contractors ,
Non-Compete Agreements ,
Over-Time ,
Restrictive Covenants ,
Salaried Employees ,
White-Collar Exemptions
On this episode of “Just Compensation,” Darren Goodman, Sophia Mokotoff, and Taryn E. Cannataro discuss equity compensation that can be issued by partnerships, with a special focus on profits interests. Profits interests are...more
Today on “Just Compensation,” Darren Goodman and Taryn Cannataro of Lowenstein’s Executive Compensation & Employee Benefits Group speak with Tax partner Sophia Mokotoff about the various types of equity awards that can be...more
Today on “Just Compensation,” Darren Goodman, Megan Monson, and Taryn E. Cannataro of Lowenstein's Employee Benefits & Executive Compensation group are joined by Sophia Mokotoff, partner in the firm’s Tax group, to discuss...more
In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro and Darren Goodman discuss phantom equity, which is a type of bonus plan often utilized by privately held companies, particularly when the company's...more
In the current state of the economy, stock option repricing may be a valuable tool in incentivizing employees. Partners Darren Goodman and Megan Monson talk with Taryn Cannataro about the benefits of repricing, the variety of...more
Partners Dotan Barnea and Darren Goodman talk with Taryn Cannataro about what a startup outside of the United States should do if it is considering granting stock options to employees in the U.S. Such situations give rise to...more
Every private startup company that grants stock options or is considering granting stock options needs to consider major issues that could have long ranging impacts: proper documentation and approval of all stock option...more
Darren Goodman, Megan Monson, and Taryn Cannataro provide a high-level overview of Section 280G issues that can arise when a private company considers selling (otherwise known as the golden parachute rules), including what...more
This episode of “Just Compensation” features Darren Goodman, Taryn Cannataro, and Megan Monson discussing restricted stock units (or RSUs). The panel describes what a RSU is, the pros/cons of issuing RSUs, and different types...more
The impact of the COVID-19 pandemic on the business community is unprecedented. Every company and executive is questioning the effects the disease will have on their business, employees, customers, and local and global...more
In the past weeks, many companies, both public and private, have seen their stock prices and values decline because of the economic disruption caused by COVID-19. As a result, outstanding stock options may no longer provide...more
5/27/2020
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Fair Market Value ,
Incentive Stock Options ,
Internal Revenue Code (IRC) ,
Private Company Shares ,
Publicly-Traded Companies ,
Rule 701 ,
Section 409A ,
Securities Act of 1933 ,
Shareholder Approval ,
Stock Options ,
Stock Prices ,
Treasury Regulations
Over recent days, the Internal Revenue Service has extended certain tax filing and payment deadlines and issued guidance on some provisions of the recently-enacted Coronavirus Aid, Relief, and Economic Security Act (the CARES...more
4/21/2020
/ CARES Act ,
Corporate Taxes ,
Employee Retention ,
Filing Deadlines ,
Income Taxes ,
IRS ,
Net Operating Losses ,
New Guidance ,
Payroll Taxes ,
REMIC ,
Tax Relief
On March 27, the United States House of Representatives passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”), and the President signed it into law. This alert summarizes key tax and employee...more