Executive Compensation

Balch & Bingham has extensive experience in the area of executive compensation. Our clients include publicly-traded companies, privately-held companies, start-ups, tax-exempt entities and governmental entities. Our experience is extensive and broad- based and includes in the area of executive compensation the preparation of various types of incentive compensation plans and individual arrangements. Examples of arrangements include short-term cash and equity-based bonus plans, long-term equity-based plans, such as qualified and non-qualified stock option plans, restricted stock plans, executive severance plans, change or control arrangements as compensation plans for outside directors, stock appreciation rights, performance units, phantom stock plans, options and validation and institutional shareholder relationships.

Balch also represents public and privately owned companies in connection with the design and implementation of broad-based stock purchase and other similar investment plans. We represent companies and individuals with respect to employment agreements including non-compete and change in control agreements. Our attorneys provide counseling with respect to alternatives available in the areas of equity compensation and prepares the plans and related agreements. The Firm also advises clients with respect to ongoing compliance issues relevant to these arrangements, including the various requirements under federal securities laws (particularly the rules and regulations promulgated under Section 16 of the Securities Exchange Act of 1934), as well as applicable federal and state tax and securities laws.

Related Experience

• Assistance with executive transactions in equity compensation, such as option grants and exercise, termination events, and change of control.
• Compensation plan for directors in an internet banking company.
• Legal opinions related to removal of restrictive legends in connection with broker transactions in company restricted stock.
• Multi-purpose incentive compensation plan for closely-held company engaged in technology-based government contracts.
• Negotiation and drafting of executive employment arrangements.
• Ongoing work regarding insider trading and Section 16 compliance for numerous public companies.
• Preparation of equity compensation plans, amendments, ancillary documents and registration statements for public companies in a variety of industries including:
  • Intergraph Corporation (computer software)
  • Compass Bancshares, Inc. (regional bank holding company
  • Eufaula Bancorporation (bank holding company)
  • Vesta Corporation (insurance)
  • Alfa Corporation (insurance) a public steel manufacturing company prior to its change of control