HOME EMAIL ME ABOUT ME LAWYERS GENERALLY Specialist v. Generalist Big Firm/Small Firm Billing Costs of a Lawyer DISPUTES / LITIGATION Mediation Arbitration Commercial Litigation Bankruptcy Litigation Estate / Will Contests CORPORATE Executives/Employees Stock Option/Compensation Non-Compete Agreements Purchase/Sale of Business Entrepreneurial Ventures GAY/LESBIAN RIGHTS Buying property together Being in business together Wills & Estate Planning Health Care Proxy Burial Rights Marital Rights Tenant Apt. Succession 'Divorce' & Splitting up ESTATES Probate Estate Litigation Estate Tax law REAL ESTATE WILLS & ESTATE PLANNING Simple Wills Health Care Proxy Testamentary Trusts Inter Vivos Trusts Estate Tax Challenging Wills BANKRUPTCY Creditors Debtors BRIAN M. DELAURENTIS Attorney at Law 36 West 44th Street, Suite 610 | New York, New York 10036 | tel 212.354.6300 fax 212.954.5081 | Brian@DeLaurentisLaw.com Corporate Executives/Employees I have represented executive employees in sensitive negotiations and disputes with prospective, current and former employers. I have also represented employers vis a vis their key employees as well. Compensation and Stock Options Naturally, the most important part of employment is the compensation you receive or pay for the services rendered. Executives have a specialized need for legal services in this area because salary is typically only one component of a total compensation package that includes fringe benefits, expense accounts, stock options, retirement benefits and change of control provisions (golden parachutes). I have worked with several executives and companies in determining the right balance of compensation elements for a given situation. Bargaining power is key here - how much does the employer want/need the executive? What is the best type of risk/reward balance for compensation in a particular venture? Non-competition Agreements Another critical factor in employment opportunities can be non-compete agreements. The enforceability of these agreements varies widely by state and by the nature of the employment. There is no succinct, general rule here other than to say that non-competition agreements can be devastatingeither because they are or are not enforceable between the parties. I advise anyone who is requested to sign a non-compete agreement to consult immediately with an attorney because your right to earn a livelihood in your industry is at stake. If you have already signed one, you should still consult an attorney to better understand the consequences of the non-compete agreement. Buy/Sell Agreements I have represented both buyers and sellers of various businesses that range from $30M ventures to traditional retail businesses. The key aspects of this type of transaction include the following: determining the validity of the price; the role of existing management; verifying what is being bought and sold; the need for non-competition agreements; and, the tax aspects of the transaction. For smaller businesses, there is also the important aspect of recognizing the lifestyle change that drives and impacts the transaction. Having counsel in a transaction like this is essential to ensuring that your expectations are met or properly adjusted to the realities of the situation. Entrepreneurial Ventures I have a very strong background in entrepreneurial ventures. Entrepreneurial Management was my major at Wharton. In addition, my own practice is certainly an entrepreneurial venture. Consequently, my close familiarity with the subject allows me to add considerable value to your venture. In representing the entrepreneur, my approach is to take care of the downside so that my client can devote his time and resources to where they belong - maximizing the upside of the venture. I am also very aware of the limited financial resources available to most new ventures. Each venture has its own particular needs for legal representation. I have represented companies in the following areas: restaurants, retail stores, internet companies, investment companies, etc. Regardless of your business, however, the most important areas from the legal representation perspective are uniform: control of business decisions, division of profits and losses, capital contributions and withdraws, and of course, taxes. If you are starting a new business, get started on the right foot and consult an attorney.