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May 09, 2012

Lessons Learned from Yahoo! CEO Flap

How is it possible that Yahoo hired its CEO Scott Thompson, missing the fact that he misrepresented his credentials – to wit, he claimed to have a degree in computer science when he did not?

How is it possible that one of the nation’s leading top executive search firms did not uncover this fact during its due diligence on behalf of Yahoo? » Read More

Feb 06, 2012

It’s All About LEVERAGE in the Negotiation of a Renewal Contract

The critical concept in the negotiation for the renewal of an executive employment contract is LEVERAGE. The answers to the following questions will determine if the individual has leverage in renewal negotiations. How valuable is the individual to the enterprise? What is the executive’s track record, either there or at prior companies? » Read More

Jan 27, 2012

IN THE NEWS: More Complex and Creative Bonus Arrangements Require More Planning for Executives

Credit Suisse and Bank of America both recently announced changes in their annual bonus arrangements. Given the state of the economy and the cash crunch that many business are facing, companies are becoming more creative in the funding of these bonus arrangements – with a greater portion of annual bonuses are being funded in restricted stock or other investment vehicles. » Read More

Jan 25, 2012

IN THE NEWS: What’s the Impact of Compliance with Post-Employment Obligations on Severance Agreements?

What does the dispute between MacAndrews & Forbes and Donald Drapkin, its former Vice Chairman, indicate to other executives who sign severance agreements? That company property should be returned and confirmation of such return should be obtained by the executive, that companies should have solid procedures in place to monitor the possession of confidential information by employees, and that post-employment obligations are enforceable — depending on how they are drafted and the particular facts of the case. » Read More

Jan 23, 2012

Be Wary As Companies Consider Modifying Deferred Compensation

Great title for the Wall Street Journal‘s article “Wall Street Pay Gets Even Trickier to Figure” — executives be wary as company consider modifying deferred comp arrangements. If not done properly, IRS Code 409A liability can be triggered with the executive bearing the unintended financial responsibility. » Read More

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