David has extensive experience handling executive compensation issues in mergers and acquisitions, venture capital investments, private equity financing, and other transactional contexts.
On behalf of buyers, sellers, and management teams, David drafts and negotiates the compensation and equity arrangements for senior-level executives that drive and reward performance. He is also skilled at structuring and implementing deferred compensation arrangements, performance bonus plans, option and restricted stock awards, synthetic equity plans and equity participation in limited liability companies, partnerships, and corporations. He is adept at structuring these arrangements to comply with the employment, corporate, tax, employee benefit, and securities law issues inherent in them.
He is also skilled at counseling clients and litigating with respect to a broad range of business issues, with an emphasis on employment law issues as they relate to business disputes and transactions. He assists corporate counsel and human resources personnel to develop strategies and documentation for handling sensitive employee situations.
Representative Matters
- Representing a large private equity fund in structuring the compensation and equity arrangements for the senior management team in its acquisition of an industrial materials manufacturer
- Representing the senior management team of a marketing information services company in negotiating their employment and equity arrangements in connection with a private equity company’s acquisition
- Structuring and implementing a management incentive plan for an international manufacturer
- Representing a public company in connection with modifying its outstanding performance equity awards to comply with Section 409A of the tax code
- Representing a large not-for-profit organization in connection with the investigation of alleged misconduct by a high-level officer
- Negotiating compensation arrangements for senior portfolio and strategy managers with various mutual, private equity, and hedge funds
- Handling an internal investigation concerning alleged kickbacks to employees from a corporation’s vendors
- Winning an arbitration to obtain purchase price adjustments for the principals of a corporation sold to a public company
- Avoiding whistleblower claims from senior members of a manufacturer’s accounting department based on allegedly fraudulent accounting practices
Recognitions & Awards
- Best Lawyers in America: Employment Law – Management, Litigation – Labor & Employment (2011 – 2013)
- New York Super Lawyers: Employment & Labor (2010 – 2012)
David has extensive experience handling executive compensation issues in mergers and acquisitions, venture capital investments, private equity financing, and other transactional contexts.
On behalf of buyers, sellers, and management teams, David drafts and negotiates the compensation and equity arrangements for senior-level executives that drive and reward performance. He is also skilled at structuring and implementing deferred compensation arrangements, performance bonus plans, option and restricted stock awards, synthetic equity plans and equity participation in limited liability companies, partnerships, and corporations. He is adept at structuring these arrangements to comply with the employment, corporate, tax, employee benefit, and securities law issues inherent in them.
He is also skilled at counseling clients and litigating with respect to a broad range of business issues, with an emphasis on employment law issues as they relate to business disputes and transactions. He assists corporate counsel and human resources personnel to develop strategies and documentation for handling sensitive employee situations.
Representative Matters
- Representing a large private equity fund in structuring the compensation and equity arrangements for the senior management team in its acquisition of an industrial materials manufacturer
- Representing the senior management team of a marketing information services company in negotiating their employment and equity arrangements in connection with a private equity company’s acquisition
- Structuring and implementing a management incentive plan for an international manufacturer
- Representing a public company in connection with modifying its outstanding performance equity awards to comply with Section 409A of the tax code
- Representing a large not-for-profit organization in connection with the investigation of alleged misconduct by a high-level officer
- Negotiating compensation arrangements for senior portfolio and strategy managers with various mutual, private equity, and hedge funds
- Handling an internal investigation concerning alleged kickbacks to employees from a corporation’s vendors
- Winning an arbitration to obtain purchase price adjustments for the principals of a corporation sold to a public company
- Avoiding whistleblower claims from senior members of a manufacturer’s accounting department based on allegedly fraudulent accounting practices
Recognitions & Awards
- Best Lawyers in America: Employment Law – Management, Litigation – Labor & Employment (2011 – 2013)
- New York Super Lawyers: Employment & Labor (2010 – 2012)
Publications
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Deal Points: The Management Team, Bloomberg Law Reports: Labor & Employment ()
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Co-author,
Deal Points: The Management Team, Bloomberg Law Reports: Labor & Employment ()
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Co-author,
Non-Profit Organizations and Government Entities Prepare for New Regulations for "Golden Handcuff" Plans Under Section 457(f) of the Internal Revenue Code, Employment, Labor & Benefits Advisory ()
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4 Compensation Mistakes Made By Startups, Law360 ()
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Employers Must Provide Paid Leave to New Jersey Employees Effective July 1, 2009, Employment, Labor & Benefits Alert ()
Speaking Engagements
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Speaker,
Compensation Packages,
Executive Compensation Packages,
Infovest21, New York, NY
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Speaker,
A New World Order: Managing Your Workforce in Today's Economy,
Mintz Levin, New York, NY
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Panelist,
Mitigating HR Risk,
2009 IFSA Risk & Regulatory Symposium,
International Financial Services Association, Washington, DC
Newsroom
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Twenty-Four Mintz Levin Attorneys Named 2012 New York Super Lawyers and Rising Stars, ()
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Sixty Mintz Levin Attorneys Included in The Best Lawyers in America, 2013 Edition, ()
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Twenty Mintz Levin Attorneys Named 2011 New York Super Lawyers and Rising Stars, ()
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Forty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2012 Edition, ()
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Eighteen Mintz Levin Attorneys Named 2010 New York Super Lawyers, ()
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Thirty-Nine Mintz Levin Attorneys Included in The Best Lawyers in America, 2011 Edition, ()
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Mintz Levin Expands Employment, Labor and Benefits Section in its New York Office, ()