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Executive Compensation Litigation

Arnold & Clifford LLP, is a Columbus, Ohio, law firm that also serves the Cleveland, Cincinnati and Dayton areas. We focus on trial practice for both individuals and corporate clients, in both state and federal courts, including executive compensation cases.

Mid-level to senior-level managers who are entitled through employment agreements or stock option plans are welcome to contact our law firm to discuss any employment compensation concerns that could develop into disputes. Executives at the senior management level are sometimes at odds with their employers as to whether they are entitled to bonuses, severance pay and/or stock options.

From What Basis Of Profitability Are Bonuses Calculated?

Executives and employers often disagree about what level of profitability triggers a bonus, and whether the level has been achieved. To resolve disagreements, executives are sometimes bound by arbitration clauses to pursue resolution through the American Arbitration Association. If there is no mandatory arbitration clause in an executive contract, a dispute may be settled through negotiations or litigation.

Breach Of Executive Contracts

The plaintiff in an executive compensation litigation case may be the executive or the employer. Arnold & Clifford LLP, represents companies, executives and compensation committees. Regardless of how an executive compensation dispute is resolved, questions such as the following will demand answers:

  • What does the executive compensation contract say?
  • What kinds of compensation is the executive entitled to — what forms and in what dollar amounts?
  • Did the company fulfill its contractual provisions?
  • If the company has already paid out compensation, was it in excess for any reason? If so, is the company entitled to a “clawback” type of restitution?

Executive compensation litigation often touches on more than one area of the law. For example, unresolved issues may involve employment law, breach of contract allegations, ERISA and/or tax law. Applicable laws in executive compensation cases often include Sarbanes-Oxley and Dodd-Frank. Consult with one of our lawyers to discuss the salient issues relevant to your case.