IFSEA Conference 2023: Risk, Reward, Regulatory and Reputation Management Issues for Senior Executives & Founders

Understanding executive equity valuations and handling repurchase/clawback disputes:  Repurchase rights can often be lurking in the fine print of equity grants and can leave executives vulnerable to forfeiture of their equity at diminished valuations, especially on termination. Different valuation methods yield a range of results, and it is important for an executive to know what to ask for upfront, to avoid surprises down the road and also to understand ‘Cause’ and ‘Good Reason’ and good leaver/bad leaver clauses in employment agreements, Shareholder/LTIP agreements, Phantom shares and stock options.

Amy Shulman, Outten & Golden LLP, NY, USA
Inge Arts, Van Hall Advocaten, Netherlands
Richard Bibby, Managing Director, Head of EMEA Valuation & Business Modelling Services, Alvarez & Marsal, UK

Chair: Peter De Maria, Doyle Clayton, UK

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Anatomy of a transaction – Key issues for Executives and Founders selling their business and what protections are worth fighting for?     The critical issues inherent in the sale of a business from the employment perspective –financing, engaging with corporate counsel and retaining and protecting other employees in preparation for a transaction. How involved is the senior team in choosing its new company, in due diligence and determining the business and employment deals? How can they negotiate their own employment and equity agreements while maintaining their duty of loyalty?

Doug Mandell, Withers, California, USA

Chair: Wendi S. Lazar, Outten & Golden LLP, New York, USA