services: executive compensation

The attorneys of Wang Kobayashi Austin, LLC have wide-ranging experience representing employers and individual executives in executive compensation matters.

We guide employers through the legal issues regarding the hiring, retention, and separation of executive talent. We also represent individual executives and management teams in the negotiation of employment agreements and equity compensation arrangements. Our experience includes:

  • Negotiating and drafting employment agreements, consulting agreements, severance agreements, retention agreements, and equity compensation arrangements.
  • Drafting compensation arrangements to comply with or qualify for exemption from Section 409A of the Internal Revenue Code.
  • Correcting Code Section 409A failures.
  • Assisting with the establishment of performance goals and standards and review of such goals for compliance with Section 162(m) of the Internal Revenue Code and internal policies.
  • Advising on the application of tax, securities, and labor laws to executive compensation arrangements, including Section 162(m), Section 457, and Section 280G of the Internal Revenue Code.
  • Preparing bonus programs, long-term incentive programs, and retention bonus programs.
  • Developing director compensation programs, including director fees and non-employee director equity compensation arrangements.
  • Assisting with the preparation and drafting of proxy statement disclosures on equity compensation programs and executive compensation arrangements.