Course DescriptionThis seminar is an intensive study of the art and science of negotiating, set against the background of employment agreements and separation agreements. Although set in a legal background the seminar focuses on how to achieve a successful result for a client, either an employer or an executive, without alienating the other party. Legal issues will be identified and discussed, but no particular legal issue will be the subject of in-depth study. Rather, the seminar focuses on how legal issues impact the tapestry of a negotiation.
Among the topics considered (and negotiated) are: the Term of the Agreement (the sine qua non of any employment agreement); duties, title and responsibilities; forms of compensation (cash, stock, options, deferred compensation); definition of "Cause" for termination by the Employer; definition of "Good Reason" for termination by the executive; consequences of such terminations; restrictive covenants (non-compete, non-solicit of employees, non-solicit of clients or customers); arbitration provisions; successor liability provisions; integration provisions etc. In the negotiation of the separation agreement, students will consider (and negotiate) the all-important form of the General Release, exclusions to the General Release; post-employment restraints etc.