Articles by Alisa Baker
Employment Issues with Stock Compensation: Podcast
Bruce Brumberg, CEO of myStockOptions.com, interviews L&B partner Alisa Baker about employment, negotiation and job termination issues with equity compensation, the related stock plan documents that you need to understand, and common mistakes to avoid.
AT&T Mobility v. Concepcion: Trouble for Pre-Dispute Arbitration Clauses in California?
Does Concepcion mean the end of California's Armendariz protections for employee pre-dispute arbitration clauses? There's reason to worry that after this Supreme Court decision, “justice” in the employment dispute context may be “just us employers.”
Forum Selection Clauses in Employment Agreements
Make assumptions about forum selection at your own risk! An employment agreement that requires out-of-state dispute resolution may make the cost of enforcing your legal rights prohibitive.
Negotiating and Structuring Your Stock Compensation (Equity Rights on Termination): Part 3
Termination will always have an impact on your ability to retain (or exercise) equity rights. Understand the ins and outs of your documents in advance so that you can make the best decisions under pressure. This article by Alisa Baker is also featured on the MyStockOptions.com website.
Protecting Executive Rights in Mergers & Acquisitions
M&A activity creates both opportunities and challenges for experienced executives. Alisa Baker tells senior executives what to look for when negotiating your individual rights along with your company's deal.
Schachter v. CitiGroup: The Other Side of the Supreme Court’s Decision
In Schachter the California Supreme Court expressly holds, for the first time, that restricted stock and other forms of deferred equity compensation are "wages" for purposes of the California Labor Code. This means that employees can expect to be protected as to both attorneys' fees and arbitration fees in employment law disputes based on equity compensation.
Yours, Mine and Ours: Who Does The Company’s Lawyer Represent?
Thoughts on Avoidable Conflicts in Light of the Pendergast-Holt Case. The very real dangers raised by dual representation (both to executives who regard company counsel as personal counsel and to those counsel themselves) rarely make headlines, as they have in the recent case of Laura Pendergast-Holt, former CIO of Stanford Financial. Rick Levine reviews the much-too-common circumstance where the problem is not jail time, but rather discovering --belatedly-- that “your” lawyer actually represents your adversary.
Post-Employment Non-Competes Unenforceable in California
Edwards v. Arthur Andersen LLP Finally Decided. The California Supreme Court finally lays down the law: don't even think about imposing a post-employment noncompete in California.
Negotiating and Structuring Your Stock Compensation (Know The Key Documents): Part 2
Assessing equity comp in a start-up requires careful analysis of the rights already negotiated by previous investors. Without a complete understanding of those rights, a deal that looks great today could end up being much less than meets the eye later. This article by Alisa Baker is also featured on the MyStockOptions.com website.
The Counseled Employee: Heading Off Employment Issues Before They Become Legal Problems
When does it make sense for an employee to retain counsel? We look at two case studies from our practice.
Should Your Employment Agreement Include An Arbitration Clause?
When is an arbitration clause the best strategy for your agreement? There's no absolute right answer. It all depends on who you are, what rights are at stake, and how much bargaining power you have in the negotiation.
Fair Warning for Employers: Ignore Wage and Hour Law at Your Peril
In December, both Wal-Mart and FedEx were hit by multimillion dollar judgments for California wage and hour violations. Such huge awards send a clear message to employers: mind those wage and hour laws or suffer the consequences! Here are some thoughts to help you analyze your company's situation.
Negotiating and Structuring Your Stock Compensation (Avoiding Inconsistencies): Part 1
Clauses affecting equity compensation appear in a wide variety of interconnected corporate and employment documents. To avoid surprises later, make sure to review all related documents carefully before closing your deal. This article by Alisa Baker is also featured on the MyStockOptions.com website.