Special Topics in Employment and Compensation Agreements

Seth M. Huffstetler and Julian H. Wright, Jr. presented "Special Topics in Employment and Compensation Agreements" to the Association of Corporate Counsel-Charlotte Chapter on Wednesday, August 7.

In our recent negotiations of employment agreements and compensation arrangements, the non-compete provisions and the provisions affected by Section 409A of the Internal Revenue Code have received a lot of attention. We will address these two topics in our program by focusing on actual contract language. In addition to explaining the issue a particular provision is intended to address, we will also discuss the changes the parties tend to propose and why.

Non-compete provisions have always been on the short list of important issues, and many attendees likely will have prior experience with them. We have found that even experienced attorneys benefit from revisiting this topic periodically. Provisions affected by Section 409A are at the other end of the spectrum – the rules are still fairly new and often difficult to understand, even for the initiated. People sometimes take positions that are not in their best interest under Section 409A, because they are relying on an old form document, or they are unaware that Section 409A might apply.

1.0 CLE credit hour has been approved by the North Carolina State Bar.  

Related Materials:

• ACC_Presentation_handout.pdf
• JHW_PP_Non-Compete_Agreement_Law.pdf