Executive Compensation: Managing Risks and Rewards Across Borders

Thursday, February 16, 2023
@ 02:00 PM -
Thursday, February 16, 2023
@ 03:00 PM
New York, NY


Executive compensation may consist of various components, including base salary, sign-on bonuses, short- and long-term incentives, special retirement plans, and other perks.  In this session, employment and compensation lawyers from the U.S. and Europe will compare executive compensation arrangements – and relevant disputes – across U.S. and European markets.  Various important aspects of these plans can be quite different across borders.  These include issues such as:

  • General overview of compensation (5 minutes)
  • Can the employer properly retain “discretion” as to whether or not to pay a bonus, or to recoup payment once made if the employee misbehaves, e.g. violates an NDA or non-compete agreement? (12 minutes)
  • The permitted ratio between base and variable pay, and regulatory and legal caps on bonuses (5 minutes)
  • Equity arrangements and cash liquidity (10 minutes)
  • Garden leave clauses (standard in Europe, rare and misunderstood in America (15 minutes)
  • Rights and remedies on termination – for “cause,” without cause, and otherwise
    • “Cause” and “Good Reason” issues (10 minutes)
  • Negotiability of these provisions (3 minutes)
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