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Alexander K. Song

Associate

[email protected]

+1.212.692.6237

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Alex's practice focuses on assisting clients with navigating the complex rules and regulations involved in employment and executive compensation matters. Alex represents clients in the negotiation and design of employment, consulting, severance, and non-competition agreements. He also advises clients in the structuring of compensation packages, including severance, change in control, deferred compensation, and equity compensation. Alex's experience also includes advising clients and management teams on the employment and executive compensation aspects of mergers and acquisitions. 

Prior to joining Mintz, Alex was an associate at another law firm focusing on executive compensation and SEC disclosures related to compensation. 

Education

  • New York University (LLM)
  • Northwestern University (JD)
  • University of California - Berkeley (BS)

Experience

  • Represented a private staffing company in adoption and documentation of profits interest plan and change in control arrangements.
  • Represented a large private company in matters related to Section 280G of the tax code, including analysis of the impact of Section 280G and documentation of a shareholder cleansing vote.
  • Represented a startup technology company in the negotiation and documentation of employment documentation for key executive officers, including employment agreements, equity agreements, and restrictive covenant agreements.
  • Represented a public consumer service company in the negotiation and documentation of separation agreements for certain executive officers.

Recent Insights

News & Press

Viewpoints

On May 31, 2019, in Stein v. Blankfein, et. al., the Delaware Court of Chancery reaffirmed the Delaware Supreme Court’s holding in In re: Investors Bancorp, Inc. Stockholder Litigation (more information here) that the “entire fairness” standard applies with regard to director approval of director compensation. The Stein case builds on the precedent set in Investors Bancorp and provides additional insights.

Interim Guidance Under §4960: Excise Taxes and Parachute Payments

April 5, 2019 | | By Alden Bianchi, Alexander Song

Mintz attorneys Alden Bianchi and Alexander Song recently published an article in the Bloomberg Tax - Compensation Planning Journal explaining the nuances of recent guidance from the IRS regarding Section 4960 of the tax code.  Section 4960 was enacted in December 2017 and imposes an excise tax on the amount of remuneration in excess of $1 million, plus any excess parachute payment paid by an applicable tax-exempt organization to certain covered employees. 
New Jersey Governor Phil Murphy recently signed into law a bill that provides equal pay protections for members of certain protected classes. Governor Murphy also signed into law a bill that requires New Jersey employers to provide paid sick leave to employees.
Given the ever-increasing reliance on digital technology, employees are more and more tethered to their smartphones – checking email during their commute, at the dinner table, and even from their beds – essentially creating a never-ending work day.  A bill filed by a New York City councilman aims to curtail this trend.
The Tax Bill creates a new Section 83(i) of the tax code, which allows certain employees of private companies to defer taxation on the exercise of certain stock options or the settlement of restricted stock units for up to 5 years.

New York Paid Family Leave Law – A Comprehensive Breakdown for Employers

October 11, 2017 | Blog | By Don Davis, Alexander Song, Brie Kluytenaar

Beginning on January 1, 2018, New York employers will have to provide paid family leave to their employees. This post provides a comprehensive overview for employers to better understand their obligations under New York’s new Paid Family Leave law (PFL) and its accompanying regulations
Beginning on October 31st, New York City employers will be prohibited from inquiring about or relying on salary history during the hiring process. As a reminder, this ban makes it an unlawful discriminatory practice for an employer, employment agency, or employee or agent of the employer to

New York Paid Family Leave Law Regulations Become Effective

July 21, 2017 | Blog | By Alexander Song

Regulations implementing the Paid Family Leave Act became effective on Wednesday, July 19, 2017. No substantive changes were made to the proposed regulations that were published back in May 2017 (which we addressed here).
The Paid Family Leave Act will provide, when fully implemented, employees in the state of New York with up to 12 weeks of job-protected paid family leave
Earlier this month, in In re Investors Bancorp, Inc. Stockholders Litigation, the Delaware Court of Chancery reiterated its view that placing a meaningful limit on director equity awards to be granted under a stockholder approved equity plan allows the court to determine whether director equity awards are excessive under the more lenient business judgment rule.

News & Press

Interim Guidance Under §4960: Excise Taxes and Parachute Payments

April 5, 2019 | Compensation Planning Journal

Enacted on December 22, 2017, the 2017 tax act (Pub. L. No. 115-97, §13602(a)) added §4960 to the Internal Revenue Code. This new section imposes an excise tax on the amount of ‘‘remuneration’’ in excess of $1 million, plus any ‘‘excess parachute payment’’ paid by an ‘‘applicable tax-exempt organization’’ to a ‘‘covered employee.’’ The Chair of Mintz’s Employee Benefits & Executive Compensation Practice, Alden J. Bianchi, and associate Alexander K. Song, explore §4960 in this article, and conclude that from the perspective of the board or management of an ATEO, there is a lot not to like in §4960 and the IRS’s interpretation of the statute in the Notice.
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.