Equity Awards
While not necessarily required for profits interests, we recommend that this tax election be made within 30 days following the date of transfer.
What is a Section 83(b) election?
These are the executives required to be listed in the executive compensation section of a company's proxy statement.
What are named executive officers or NEOs?
In the case of a stock option designed to comply with Section 409A, the exercise must be limited to these sorts of events.
What are permissible payment events under 409A?
This type of plan of reorganization may be negotiated and voted on by creditors before a bankruptcy filing.
What is a "Prepack" bankruptcy?
Our first cross-practice retreat was held in this city.
What is Charleston?
Upon the exercise of a stock option you will be taxed at this rate upon the spread value.
What is ordinary income?
This report is required to be filed annually by publicly-traded companies and provides a comprehensive overview of the company's business and financial condition.
What is a 10-K?
An employer with publicly traded stock on an established securities market may not pay any deferred compensation to this type of employee until 6 months after that individual incurs a separation from service.
What is a specified employee?
The bankruptcy code restricts a debtor's ability to provide severance and retention-based compensation to these types of employees.
What are insiders?
This beloved meme was first featured in exec comp emails in 2019 and features a partner as a sea creature.
What is Turtle Kras?
These grants of deferred shares of stock can be settled in cash or stock.
What are restricted stock units (RSUs)?
Public companies generally have this many days to file an 8-K for an event that triggers the filing requirement.
What is 4 business days?
A separation from service due to Good Reason must occur within this period following the initial existence of the condition giving rise to Good Reason for the definition to fit within the safe harbor standard.
What is two years?
This type of plan provides payments to non-insiders and typically only requires continued service through the underlying vesting date.
What is a Key Employee Retention Plan (or KERP)?
Scott has repeatedly asserted that this member of the executive compensation group is a communist.
Who is Rohit?
We typically see this repurchase formulation upon a bad leaver termination.
What is the lower of cost and fair market value?
These recent SEC rules will require a new tabular disclosure and narrative with details on the compensation actually paid by a company and the company's financial performance.
What are the new Pay Versus Performance (or PvP) Rules?
Transaction-based compensation payable on the same schedule and on the same conditions as applicable to shareholders generally will be exempt from 409A if payable this many years following closing.
What is 5 years?
This bankruptcy advisor is often asked to testify in court as to whether a proposed incentive-based program for insiders is reasonable as compared to market.
What is the compensation consultant?
Kras will not go to a bar or party unless they serve this beer.
What is Miller Lite?
This infamous text ruthlessly pit Scott vs. Rohit in a battle regarding Section 409A and the purported absolute 12-month valuation safe harbor.
What is Document (58)?
This type of reporting company is permitted to include a less extensive narrative disclosure in its proxy statement.
What is an emerging growth company (EGC)?
Distributions in connection with a 409A plan termination following a qualifying 409A change in control must occur within this time period following the action to terminate the plan.
Participants in deferred compensation plans have this status as creditors of the company with respect to their account balance.
What is a general unsecured creditor?