Bracewell draws on our attorneys’ in-depth knowledge of tax, accounting, disclosure and securities considerations to advise clients on all aspects of executive compensation and benefits, including equity and deferred compensation planning. We provide guidance on equity-based compensation such as stock appreciation and phantom stock plans, stock option, bonus and restricted stock plans, bonus programs, and omnibus stock incentive plans.
We represent companies and executives in connection with employment, consulting and severance agreements. Our attorneys have significant experience in the design of golden parachute agreements, incentive compensation plans, supplemental executive retirement plans, excess benefit plans, rabbi trusts and other funding arrangements.
Executive compensation is typically a high-visibility matter. We advise compensation committees on their fiduciary duties to shareholders in structuring the terms of compensation plans. We conduct due diligence and negotiations on compensation plans in merger and acquisition transactions, stock offerings and real estate financings. To enlist workforce support toward business objectives, we also develop employee pension, profit sharing, insurance, bonus, stock option and other benefit plans.
Backdating of executive stock options is coming under increased regulatory scrutiny. This is particularly true in research-intensive industries such as technology and health care. With an insider’s perspective on government enforcement objectives and strategies, we are well positioned to defend clients in quasi-criminal investigations or prosecutions. We help employers demonstrate the good-faith intentions of such equity-based compensation strategies, and address concerns surrounding financial restatements, corporate governance, accounting controls and shareholder litigation.