In this episode of The Proskauer Benefits Brief, David Teigman, partner in the Employee Benefits and Executive Compensation Group, Simon Sharpe, partner and member of our
Private Equity and Mergers & Acquisitions groups and Nick LaSpina, senior counsel in the Employee Benefits and Executive Compensation Group discuss rep and warranty insurance (RWI) in the mergers and acquisitions context. They also focus on certain aspects of this insurance product as it relates to executive compensation and employee benefits matters. For the last 10 years, we have only seen the use of this insurance product proliferate, so be sure to tune in as these issues will continue to be highly relevant in any transactional practice.
Nicholas LaSpina
As a partner in the Compensation & Benefits Group, Nick's practice focuses on executive compensation and benefits matters in public and private companies, including in the context of mergers and acquisitions. Nick advises clients - encompassing company-side and management-side representations - on a broad spectrum of matters, including the design and negotiation of senior executive employment and separation agreements; equity incentive programs; short- and long-term cash-based incentives; and public company disclosure issues related to executive compensation matters. His holistic and solution-oriented approach seeks to provide cutting-edge legal advice in a practical context that is responsive to his clients' goals.
Nick's experience also includes advising clients on "prohibited transaction" issues under Title I of ERISA in lending and other financial transactions (including subscription credit facilities; asset-backed loans; and repurchase ("repo") transactions).
Nick received his LL.M. in Taxation from the New York University School of Law, and his J.D., magna cum laude, from the Benjamin N. Cardozo School of Law, where he served as a Senior Articles Editor on the Cardozo Law Review.
Proxy Season Greetings: ISS and Glass Lewis Announce Policy Updates Ahead of the 2023 Proxy Season
Proxy advisory firms Institutional Shareholder Services (“ISS”) and Glass Lewis (“GL”) each published their annual policy updates for 2023, which updates made certain changes relating to executive compensation.[1] As a general matter, the changes are incremental to the existing policies and do not significantly change the rubric by which ISS and GL review compensation…
[Podcast]: Cross-Border Asset Deals
In this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US and the UK, with respect to transfers of employees. In short, there are significant differences that are not necessarily intuitive to US practitioners. In the US, parties will have commercial freedom to make offers of employment and negotiate terms, whereas in the UK employees will transfer automatically as a result of TUPE and a number of significant protections and obligations apply that will need to be factored into the deal. So be sure to tune into this informative discussion about employment and benefits issues in asset sales in the US and the UK.
[Podcast]: Employee Retention Issues
In this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman, senior counsel Nick LaSpina, and special guest Michelle Garrett, a principal at the compensation consulting firm Semler Brossy, discuss employee retention. It seems like there is an article almost every day talking about the “great resignation.” In a nutshell, there have been far more job transitions recently than there have been in the past. Tune in as we discuss what employers can do to help retain employees in this working environment.
