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Troubleshooting Executive Employment Agreements- A Guide for the Busy General Counsel

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DESCRIPTION

The program will walk through the various components of a typical executive employment agreement with a view toward identifying common problem areas and real-world solutions.  Topics for discussion will include restrictive covenants, termination scenarios, change in control considerations, and selected tax issues.

Educational Objectives:
• Identify common employment agreement provisions where drafting decisions can have unforeseen or unintended consequences
• Familiarize participants with important considerations when including non-compete and similar restrictions in executive employment agreements
• Discuss current trends in employment agreement drafting and new “best practices”

Who would benefit most from attending this program?
Practitioners in labor and employment, and executive compensation as well as compensation committee members, chairs, senior HR and compensation professionals who work with the board.

SPEAKERS

TIMOTHY F. NELSON, SKADDEN, ARPS, SLATE, MEAGHERS & FLOM LLP

Timothy F. Nelson advises public and private clients, including numerous Fortune 500 corporations, on executive compensation and benefits issues.  He counsels corporations and individual executives in the negotiation and preparation of compensation agreements, including employment agreements, option plans, and termination agreements.  Mr. Nelson has represented purchasers and sellers in a wide variety of corporate transactions, including mergers, asset sales, stock purchases, and spin-offs, frequently conducts reviews of corporate compensation programs to identify and correct change in control-related deficiencies, and has assisted publicly traded clients in the preparation of required executive compensation disclosure.

Mr. Nelson is admitted to practice in Massachusetts and New York.  He earned his J.D., magna cum laude, from St. John’s University, School of Law and his B.A. from Bates College.


DAVID E. SCHWARTZ, SKADDEN, ARPS, SLATE, MEAGHERS & FLOM LLP

David E. Schwartz practices in the firm’s Labor and Employment Group, advising clients on a full spectrum of employment-related issues.  He regular represents clients before state and federal administrative agencies and courts, as well as in arbitration proceedings.  His litigation experience includes defense of retaliation, discrimination, breach of contract, and fraud claims, including potential class actions.  He regularly represents clients in cases concerning the enforcement of restrictive covenants and breaches of fiduciary duties.  Mr. Schwartz often advises clients on a variety of non-litigation matters and in connection with business transactions, including the development and implementation of strategies to retain key executives and professionals.

Mr. Schwartz is admitted to practice in New York, New Jersey, and in front of the United States Supreme Court.  He earned his J.D., cum laude from Cornell Law School and his B.A., cum laude, from the University of Rochester.


ROBIN QUITTELL, FORTRESS INVESTMENT GROUP

Robin Quittell is a Managing Director at Fortress Investment Group, where she serves as Chief Human Resources Officer & Counsel.  Ms. Quittell regularly advises the credit, liquid markets, and private equity businesses at Fortress on a variety of employment, separation, and equity-based arrangements, and she also oversees all recruiting, benefits, and compensation matters worldwide for Fortress. Robin provides the various businesses at Fortress with advice on 409A, day-to-day employment issues, and international hiring.

Ms. Quittell earned her J.D. from Harvard Law School and her B.A., summa cum laude, from Duke University.