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900 Baker Building
706 Second Avenue South
Minneapolis, Minnesota 55402
Phone: 612-341-0881
Facsimile: 612-341-1041

EXECUTIVE COMPENSATION PRACTICE

The executive compensation practice at Kelly, Hannaford, and Battles, P.A. is handled primarily by the firm’s founder, Dave Kelly, who has over 30 years of experience in executive compensation matters, and by John Haine, who has handled stock option and executive deferred compensation matters for some of the Midwest’s largest companies.

Dave has worked for many years for privately-owned employers on executive long-term incentive plans that provide benefits similar to public company stock options, but do not use real stock. John is active in the National Association of Stock Plan Professionals and has spoken at three of the NASPP’s annual conferences on stock compensation issues. Both have extensive experience representing public company employers in connection with stock options and other stock-based benefits.

Specific subject areas in which our attorneys have significant experience include:

Non-Qualified Deferred Compensation

• Voluntary Deferral Plans
• Restricted Stock Units
• Phantom Stock
• Supplemental Executive Retirement Plans (“SERPs”)

Stock-Based Compensation

• Stock Options
• Restricted Stock
• Stock Appreciation Rights
• Employee Stock Purchase Plans (“ESPPs”)

Incentive Plans

• Annual Bonus Plans
• Multi-year Performance-Based Incentive Plans

Individual Executive Employment Agreements

Qualified Supplemental Retirement Plan or “QSERP” Arrangements

Handling Executive Benefits in Mergers and Acquisitions

We take particular pride in the following recent projects which we feel were particularly helpful to clients:

• Helping a Twin Cities based private company restructure its executive benefit arrangements in connection with a change in ownership.

• Helping a large public company draft and implement a restated omnibus stock compensation plan that takes into account the current regulatory and investor environment and allows substantial flexibility in awarding different types of stock-based compensation.

• Helping several clients comply with the new deferred compensation requirements of the American Jobs Creation Act of 2004.

INFORMATION ABOUT OUR FEES

Employee Benefits
Executive Compensation
Corporate/Business Law
   

2.10 Correcting Deferred Compensation Plan Document Failures Under Code §409A

1.10 DOL Finalizes 7-Day Safe Harbor for Participant Contributions to Small Plans

11.09 Employee Stock Purchase Plans: IRS Issues Final Regulations

10.09 2010 Cost of Living Increases

09.09 IRS Issues New 402(f) Notices for Eligible Rollover Distributions

02.09 New COBRA Subsidy Effective March 1, 2009

02.09 Defined Benefit Pension Plan Annual Funing Notices


 
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