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Written by practicing attorneys with nationwide experience in drafting and litigating employment and separation agreements, Executive Severance Agreements Line by Line is a comprehensive examination of the crucial components included in a severance agreement for an executive. It explains the reasoning behind the various clauses in the agreement and explores the rationale for using different agreements to help meet the specific needs of each client. This book also discusses the difficulty in enforcing certain provisions of the agreement and examines how to draft provisions to maximize the opportunity for enforcement. The authors offer advice on such topics as considering the potential restrictions imposed by IRC Section 409A, understanding the impact of federal statutes and regulations on separation provisions, addressing various states approaches to non-competes, determining the appropriate scope of non-solicitation and non-competition provisions, and analyzing the consideration offered in exchange for a release of claims. Executive Severance Agreements Line by Line is a valuable resource for anyone who has ever negotiated or drafted a severance agreement, as well as for any executive who is about to enter into such an agreement.
Executive Employment Law is a handbook for Minnesota business executives. This book provides tips on: Negotiating an employment agreement; Understanding executive compensation; Obtaining a severance package; Fighting a non-compete; Avoiding litigation when joining a competitor; and Protecting your career.
The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders. Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives. This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.
Research on executive compensation has exploded in recent years, and this volume of specially commissioned essays brings the reader up-to-date on all of the latest developments in the field. Leading corporate governance scholars from a range of countries set out their views on four main areas of executive compensation: the history and theory of executive compensation, the structure of executive pay, corporate governance and executive compensation, and international perspectives on executive pay. The authors analyze the two dominant theoretical approaches – managerial power theory and optimal contracting theory – and examine their impact on executive pay levels and the practices of concentrated and dispersed share ownership in corporations. The effectiveness of government regulation of executive pay and international executive pay practices in Australia, the US, Europe, China, India and Japan are also discussed. A timely study of a controversial topic, the Handbook will be an essential resource for students, scholars and practitioners of law, finance, business and accounting.
Lukas Hengartner shows that both firm complexity and managerial power are associated with higher pay levels. This suggests that top managers are paid for the complexity of their job and that more powerful top managers receive pay in excess of the level that would be optimal for shareholders.
In this book we make the case for the genesis of the problem being that many CEOs are not operating under a "fair and reasonable value exchange" with the organization that they work for, and that there are very clear reasons why that is the case. We know you will gain insight from this book finding new ways to view, consider, and reframe your approach to CEO (and other executive) employment relationships consisting of compensation programs and contracts using the all-important concept of value exchange. This book reveals a Principled Approached developed by consultants of Grahall, LLC, guiding the reader through the use of appropriate tools and well thought out processes, for a uniquely effective result.
The increasing amounts of money paid out in compensation to corporate executives have become the subject of a heated public policy debate on both sides of the Atlantic. This book covers a wide range of issues, including: corporate law and regulation in the area of corporate governance; and, prosperity and growth effects of compensation contracts.