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Using Tokens to Compensate Employees: What You Need to Know

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

Release Date: 12/08/2022

Section 280G Unpacked: Pitfalls and Planning for Tech Startups show art Section 280G Unpacked: Pitfalls and Planning for Tech Startups

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

In this episode of Just Compensation, and  talk to , Vice Chair of Lowenstein’s  practice group, about the complexities and challenges of Section 280G, a section of the Internal Revenue Code which can be implicated during company change-of-control transactions. The hosts discuss tips for navigating Section 280G and planning strategies to mitigate adverse tax consequences, emphasizing the importance of early preparation and clear communication throughout the M&A process. Refer to episode "" for a more detailed overview of Section280G.  Speakers: , Partner,...

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Navigating the Nuances of Parental Leave show art Navigating the Nuances of Parental Leave

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

In this episode of "Just Compensation," host  invites  and of Lowenstein's  practice group to discuss the intricacies of parental leave. They assess differences in federal and state laws, as well as best practices and considerations for parental leave policies. Speakers: , Partner, Executive Compensation and Employee Benefits, Counsel, Employment, Counsel, Employment

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AI Use in Employment Decisions show art AI Use in Employment Decisions

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

In this episode, host talks with from Lowenstein's practice group about AI's growing role in human resources processes and employment decisions. They discuss what is permitted under applicable laws, potential discriminatory impact, and recommendations for employers that are using AI for employment decisions.  Speakers: , Partner, Executive Compensation and Employee Benefits , Counsel, Employment

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Navigating Employment Considerations in M&A Transactions show art Navigating Employment Considerations in M&A Transactions

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

In this episode of "Just Compensation," , , and  of Lowenstein's practice group discuss employment and employee benefit considerations in the context of an M&A transaction. The conversation explains typical treatments of certain types of payments and equity in connection with an M&A transaction, as well as certain employment law considerations and best practices. Speakers: , Partner, Executive Compensation and Employee Benefits, Counsel, Executive Compensation and Employee Benefits, Associate, Executive Compensation and Employee Benefits

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Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective show art Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

In this episode of “Just Compensation,” , , and of Lowenstein’s discuss some considerations for a company preparing for an M&A transaction with respect to employees, employee benefits and compensation. The conversation delves into the importance of being prepared for diligence, the curation of a proper knowledge group, and the implementation of various retention tools. Episode Resource:   Speakers: , Partner, Executive Compensation and Employee Benefits , Counsel, Executive Compensation and Employee Benefits , Associate, Executive Compensation and Employee Benefits

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The Advantages and Requirements for Severance Plans Subject to ERISA show art The Advantages and Requirements for Severance Plans Subject to ERISA

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

This episode of “Just Compensation” features , , and of Lowenstein Sandler's and group discuss when severance plans will be subject to ERISA, and the requirements associated with complying with ERISA. They also address other deferred compensation considerations for severance plans such as compliance with Section 409A, noting that while having a severance plan subject to ERISA can impose additional responsibilities for employers, it can also have advantages. Episode Resources: Speakers: , Partner and Chair, Executive Compensation and Employee Benefits , Partner, Executive...

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Stock Options and Section 409A: What You Need to Know  show art Stock Options and Section 409A: What You Need to Know

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

  On this episode of Just Compensation,   speaks with and about stock options and of the tax code, a complicated set of rules regulating the taxation of non-qualified deferred compensation, such as equity awards. The lawyers discuss how to structure stock options to avoid a penalty tax under Section 409A, including the importance of determining the exercise price of stock options correctly. Speakers: , Vice Chair, Executive Compensation and Employee Benefits , Counsel, Executive Compensation and Employee Benefits , Associate, Executive Compensation and Employee Benefits

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Politics in the Workplace: Considerations for Employers as the Presidential Election Approaches show art Politics in the Workplace: Considerations for Employers as the Presidential Election Approaches

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

As the presidential election approaches, the potential for political discord to spill into the workplace is heightened. On this episode of “Just Compensation,” talks with about legal and practical considerations involved with political expression in and related to the workplace, as well as ways to mitigate legal risk. The lawyers explore issues that may give rise to liability for employers, such as political conversations impacting protected classes, as well as topics such as off-duty conduct laws, rules and policies related to political expression, and giving employees time off to vote....

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Puttin’ on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a “Top Hat” Plan show art Puttin’ on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a “Top Hat” Plan

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

“Top hat plans” —non-qualified deferred compensation plans that can be exempt from most of the requirements of Employee Retirement Income Security Act of 1974 or ERISA—can be a useful tool for employers looking to provide deferred compensation benefits to certain key employees. However, care must be taken to ensure compliance with the relevant requirements of ERISA and Section 409A of the Internal Revenue Code. , , and  of Lowenstein’s Executive Compensation and Employee Benefits Group discuss how to structure such plans to make them compliant. Speakers: , Vice Chair,...

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How the Structure of Your M&A May Impact Your Workforce  show art How the Structure of Your M&A May Impact Your Workforce

Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast

On the latest episode of Just Compensation, Lowenstein’s , , and of the practice discuss how the structure of an M&A transaction can influence the treatment of the existing workforce and treatment of employee benefits such as outstanding equity awards, health and welfare plans, and retirement plans.  Speakers: , Vice Chair, Executive Compensation and Employee Benefits, Partner, Executive Compensation and Employee Benefits, Associate, Executive Compensation and Employee Benefits

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More Episodes

Darren Goodman and Taryn Cannataro of Lowenstein’s Employee Benefits and Executive Compensation group are joined by guest Eric Weiner, partner in the firm’s Tech Group and the Co-Chair of Lowenstein Crypto to discuss a hot topic and emerging trend in executive compensation: cryptocurrency and token issuances. Despite the recent downturn in the crypto markets, we have continued to see crypto employers granting tokens to incentivize their employees. This podcast episode provides a brief overview of the various forms of token issuances, how token awards differ from equity awards from a tax perspective, and considerations to keep in mind if you plan to grant tokens to employees.

Speakers:
Darren Goodman, Partner, Employee Benefits & Executive Compensation
Eric Weiner, Partner, Tech Group and Co-Chair of Lowenstein Crypto
Taryn E. Cannataro, Associate, Employee Benefits & Executive Compensation