Selling an Apartment Building in the District of Columbia? Beware of Tenants' Rights
Selling an apartment building in the District of Columbia can be a complex matter. Sellers in the District must be .
Sarbanes-Oxley Should Not Preclude All Broker-Assisted Cashless Option Exercises by Insiders
Robert K. Morris,James J. Barnes and Nelson W. Winter of Reed Smith LLP
Although some law firms have advised public issuers to suspend broker-assisted cashless stock option exercises for executive officers and directors in light of Section 402 of the Sarbanes-Oxley Act, we believe, subject to certain limitations, that such suspension is not necessary.
Cooley Alert: Fair Labor Standards Act Amended to Exclude Some But Not All Stock Option Compensation from Overtime Calculations
Cooley Godward Kronish LLP
This alert reviews the new Worker Economic Opportunity Act (the "Act") which amends the Fair Labor Standards Act (the "FLSA") to clarify that an employer must exclude compensation attributable to a stock option, stock appreciation right or stock purchase under a "bona fide employee stock purchase program" (an "ESPP") from the calculation of overtime pay and also the calculation of whether the federal minimum wage has been paid for a non-exempt employee (i.e., an hourly employee).
Identifying and Avoiding "Cheap Stock" Problems
Michael J. Halloran of Pillsbury Winthrop Shaw Pittman LLP
Overview In reviewing registration statements for initial public offerings, the SEC's staff routinely analyzes.
Estate Planning Benefits Of Transferable Stock Options
Rosenman & Colin LLP
Highlycompensated executives constantly are confronted with the daunting challenge of developing a plan to transfe.
Option Consideration
Robert D. McTaggart of Palmer & Manuel, L.L.P.
Have you ever wondered why some contracts contain a provision that states that the purchaser has paid the seller $1.
Buyer's Exercise of Right of First Refusal Need not be Identical to Terms of Competing Purchase Offer
Law Office of Brigit S. Barnes
A "right of first refusal" is a contractual right on the part of a potential buyer to purchase real property.
Understanding the New Accounting Rules For Stock Options and Other Awards
Mark E. Bokert of Davis & Gilbert LLP
Lawyers, tax professionals and other executives who are involved with granting equity-based awards to employees should have a basic understanding of the new accounting rules set forth under Statement of Financial Accounting Standards No. 123(R) ("FAS 123(R)"). An understanding of the rules is key to assessing their impact on current grants and developing strategies for future grants. The following discussion provides an overview.
Transferable Employee Stock Options
Timothy J. Sparks of Wilson Sonsini Goodrich & Rosati
This article examines the federal estate, gift and income tax consequences of option transfers by an employee and addresses certain related securities laws issues.
Equity Compensation Strategies For Emerging Growth Companies
Timothy J. Sparks of Wilson Sonsini Goodrich & Rosati
This articles discusses the different strategies small companies can employ to retain employees and regulatory changes that may affect these strategies.
Avoid Disputes: Document Your Relationships With Your Medical Practice Group Before Problems Occur
Paul A. Grana & Associates
Physicians often practice together for years, even decades, without documenting their business relationship.
Things to Consider When Creating a Business Succession Plan
Ciesla & Ciesla, P.C.
Business succession planning refers to a comprehensive strategy for transitioning a business from the current CEO or managing partners to a successive generation.
Treasury Department Issues Guidance under IRC Section 409A in Notice 2005-1
Fenwick & West LLP
On October 22, 2004, President Bush signed into law the American Jobs Creation Act (the "Act"). The Act created Section 409A of the Internal Revenue Code of 1986 (the "Code") that provides material changes to the tax treatment of nonqualified deferred compensation plans and arrangements. On December 20, 2004, the United States Treasury Department issued guidance on Section 409A in the form of Notice 2005-1 (the "Notice"). The key areas in which the Notice provided guidance are outlined.
Employee Benefits & Compensation Updates: Accounting Proposal: Options Repricing
Wilson Sonsini Goodrich & Rosati
This bulletin provides information about the Financial Accounting Standards Board's (FASB) proposed interpretation that may affect companies that reprice options after December 15, 1998.
Beware the Merger Doctrine -- Rights in a Real Estate Contract can be Lost under the Doctrine of Merger
Gary A. Van Cleve of Larkin Hoffman Daly & Lindgren Ltd.
In a typical real estate transaction the parties enter into a purchase agreement that contemplates a closing where the real estate is transferred by a deed. What happens to the obligations stated in the purchase agreement after the deed is delivered?
Right of Perpetual Usefruct in Polish Civil Law
Weil, Gotshal & Manges LLP
This article discusses the right of perpetual usufruct (RPU) which is regulated by the Polish Civil Code. As the article demonstrates, an RPU is essentially a long-term land lease that grants the lessee the right to keep benefits derived from the land.
Using Stock To Exercise Options
Wilson Sonsini Goodrich & Rosati
This memorandum reviews certain tax and other issues associated with a stock-for-stock option exercise.