Executive Severance Agreements Line by Line: A Detailed Look at Executive Severance Agreements and How to Change Them to Meet Your Clients' Needs

Written by practicing attorneys with nationwide experience in drafting and litigating employment and separation agreements, Executive Severance Agreements Line by Line is a comprehensive examination of the crucial components included in a severance agreement for an executive. It explains the reasoning behind the various clauses in the agreement and explores the rationale for using different agreements to help meet the specific needs of each client. This book also discusses the difficulty in enforcing certain provisions of the agreement and examines how to draft provisions to maximize the opportunity for enforcement. The authors offer advice on such topics as considering the potential restrictions imposed by IRC Section 409A, understanding the impact of federal statutes and regulations on separation provisions, addressing various states' approaches to non-competes, determining the appropriate scope of non-solicitation and non-competition provisions, and analyzing the consideration offered in exchange for a release of claims. Executive Severance Agreements Line by Line is a valuable resource for anyone who has ever negotiated or drafted a severance agreement, as well as for any executive who is about to enter into such an agreement. About the Authors

Gary D. Blachman is a partner in the employee benefits and executive compensation group of Thompson Hine LLP. Mr. Blachman represents retirement plan sponsors in controversies before the Internal Revenue Service and the U.S. Department of Labor, advises fiduciaries on their obligations and liabilities under the Employee Retirement Income Security Act, and counsels global employers regarding employee benefit issues in employment and severance agreements, as well as corporate transactions.

Jack F. Fuchs is a partner in the employee benefits and executive compensation group of Thompson Hine LLP. Mr. Fuchs focuses on litigation involving ERISA, fiduciary, insurance coverage, financial institution, and professional malpractice issues. He has extensive experience in drafting and litigating executive employment and severance agreements around the country.





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