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Requirements and Opportunities in Incentive Stock Option Transactions

 
Gain a better understanding of the proper tax treatment of incentive stock options.This topic will involve a description of the tax consequences to the employer and the employee of Incentive Stock Options (ISOs) under various scenarios. It will also explore the various technical requirements for ISOs with respect to both the ISO Plan and the ISO Award Agreement, as well as the need for shareholder approval. Moreover, we will review permissive provisions for ISOs, including, but not limited to, cashless exercises, time-based and performance-based vesting, change of control vesting, and granting ISOs in tandem with stock appreciation rights. Finally, we will explore alternatives for dealing with ISOs between the signing and closing of a corporate transaction.

Agenda

Faculty

Greg Brown

Greg Brown

Polsinelli PC

  • Partner in Holland & Knight LLP's Chicago office
  • Focuses practice on employee stock ownership plans (ESOP), the Employee Retirement Income Security Act (ERISA) fiduciary matters, tax-qualified retirement plans, executive compensation and ERISA litigation
  • Handles matters involving employer securities as a plan investment, fiduciary status, and duties and remedies under ERISA
  • Represents both closely held companies as well as national Fortune 500 publicly traded companies on employee benefits matters as well as organizations throughout the food and beverage, healthcare, banking and financial services industries
  • Advises clients on ways to minimize litigation risk through benefit plan design, governance and administration
  • Regular writer and speaker on a range of employee benefits law topics nationwide
  • Past chair of the Legislative & Regulatory Advisory Committee of The ESOP Association; past member of the Board of Directors of The ESOP Association; past member of the Steering Committee of the International Pension and Employee Benefits Lawyers Association; past chair of the Employee Benefits Section of the Illinois State Bar Association; past chair of the Employee Benefits Committee of The Chicago Bar Association; past chair of ESOP subcommittee of the Employee Benefits Committee of the ABA Section of Taxation and a member of the American College of Employee Benefits Counsel

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