Skip Page Banner  
Skip Navigation

International Issues Under 409A: Deferred Compensation for Globally Mobile Executives



Thursday, October 27, 2011
Product Code - LGAU02
Speaker(s): Regina Olshan, Skadden Arps Slate Meagher & Flom LLP and Associates; Sandra Cohen, Osler, Hoskin & Harcourt LLP; Elizabeth Drigotas, Deloitte Tax LLP
Add To Cart
Multinational employers face special issues when moving executives around the globe. Because of intense and varied business demands, compensation arrangements for workers outside the U.S. and for expatriates who participate in foreign plans comprise a wide variety of designs. Unfortunately the Section 409A analysis of foreign plans is complex, presenting significant tax risk in a variety of circumstances and at various stages of the compensation lifecycle. Challenges also exist for employees who continue to participate in plans in their home country after they begin working in the U.S.

Understanding key sources of risk and how to navigate around them is essential to safeguarding internationally mobile executives under 409A. Join us on October 27 as our expert panel identifies common 409A pitfalls for multinational employers and provides practical tips for accomplishing foreign compensation plan objectives while avoiding 409A’s penalties.

Educational Objectives:

• Compensating the globally mobile employee
• Applying the helpful grace period for U.S.-bound employees
• Tips for identifying U.S. taxpayers and imposing the six-month delay
• Finding 409A exemptions for foreign plans
• Foreign separation pay plans
• Solving conflicts and controversies involving foreign plans
• Special problems with stock options and stock appreciation rights

Who would benefit from attending?

In-house legal practitioners in the areas of tax and employee benefits/executive compensation, as well as HR professionals. This program assumes the listener has some basic knowledge of Section 409A from practice or prior seminars.

Regina Olshan, Skadden Arps Slate Meagher & Flom LLP and Associates; Sandra Cohen, Osler, Hoskin & Harcourt LLP; Elizabeth Drigotas, Deloitte Tax LLP

Regina Olshan / Partner / Skadden, Arps, Slate, Meagher & Flom, LLP

Regina Olshan is an executive compensation and benefits partner in Skadden’s New York office. Her practice focuses on advising companies, executives and boards on navigating the regulatory complexities of executive compensation and benefits. She is the author of the Section 409A Handbook.

Sandra Cohen / Partner / Osler, Hoskin & Harcourt LLP

Sandra Cohen is the leader of the U.S. Employee Benefits and Executive Compensation practice group of Osler, Hoskin & Harcourt. Her practice concentrates on executive compensation and encompasses counseling and transactions.

Elizabeth Drigotas / Principal / Deloitte Tax LLP

Elizabeth Drigotas is a Principal in the Washington DC office of Deloitte Tax LLP, where she focuses on employee benefits and executive compensation. Ms. Drigotas practices primarily in the areas of nonqualified deferred compensation and equity compensation, including in the context of mergers and acquisitions. Ms. Drigotas earned an A.B. in History from Bowdoin College in Maine and a J.D. from the University of North Carolina at Chapel Hill.