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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)

Viewpoints

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.
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New York Paid Family Leave Proposed Regulations Filed

February 28, 2017 | Blog | By Alexander Song

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family Leave law, which is scheduled to go into effect January 1, 2018.
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2016 New York Employment Law Year In Review

February 28, 2017 | Blog | By George Patterson, Alexander Song

Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017.  Today we kick off this segment with New York.
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Institutional Shareholder Services (“ISS”) has issued updated proxy voting guidelines, including an update to guidelines related to director compensation and the equity plan scorecard. The updated guidelines are effective for meetings on or after February 1, 2017.
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SEC Releases Guidance on Pay Ratio Rules

November 21, 2016 | Blog | By Alexander Song

Last month, the Securities and Exchange Commission released new Compliance & Disclosure Interpretations (“C&DIs”) which provide guidance on the CEO pay-ratio rules.
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Institutional Shareholder Services Inc. (“ISS”), the influential proxy advisory firm, recently released their 2016-2017 Global Policy Survey results. These results show some interesting findings related to executive compensation and may signal the future of ISS policies concerning pay for performance and say-on-pay frequency.
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The Ninth Circuit recently held that Section 304 of the Sarbanes-Oxley Act (SOX 304) allows for a clawback of certain CEO and CFO compensation regardless of whether the clawback was triggered by the personal misconduct of such officers. District courts have reached this conclusion before, but the Ninth Circuit appears to be the first circuit to adopt such a view.
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IRS Makes Filing an 83(b) Election Easier

August 16, 2016 | Blog | By Alexander Song

On July 25, 2016, the IRS finalized regulations under Section 83 of the tax code that removes a procedural step in the process of filing an 83(b) election.
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Innocents Abroad: Benefit and Compensation Considerations

June 15, 2016 | Blog | By Alexander Song

Thank you again for all your help over the past few weeks as we address our concerns with employees going abroad. We previously talked about offer letters and employment agreements.
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Last month, consistent with their obligation under the Dodd-Frank Act, several federal agencies released for comment a joint proposed rule that would prohibit any incentive compensation that encourages inappropriate risk taking by a covered financial institution
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News & Press

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.