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Experience

Executive Compensation in a Merger

We represented our client, a publicly traded financial services entity, as they entered into an agreement to merge with another publicly traded entity. We were asked to review and opine on the change in control provisions of all the client’s executive compensation plans (with equity and cash incentives) and agreements, as well as to handle all legal transition aspects of the employer stock purchase plan (ESPP) for the client’s employees. We reviewed all of the documents, prepared matrixes showing the terms/next steps, prepared documentation to terminate the ESPP and notify employees, and met with client’s legal counsel and benefits director to address various questions throughout this process.