Forming a Competing Company to Take 100% Ownership of the Business You Built 

The bold self-help response when your employer reneges on promise of shared ownership  

Two weeks ago yesterday, on Sunday February 19, 2023, CEOWorld magazine published an article I wrote on “Forming a competing company to take 100% ownership of the business you built”

This new article is designed for designed for CEOs, COOs, C-level and senior executives, who  were brought aboard a company by the owner or owners of the company to fill the need specific knowledge or capabilities, to retain or develop new business, to exploit a perceived opportunity, or to otherwise develop and execute a business turnaround for the business.   To take on this assignment to join the owner’s company as CEO or other senior position, the executive was recruited with the owner’s offer of significant equity and shared ownership, to thus enable the executive to have a significant stake in the value he or she was bringing to the business and its owner.  Yet, once your job was done or largely done, the owner moved the goal posts  on you or has otherwise reneged on the promise made of significant equity on which you relied to take the position.

In this case,  where you have done your job, met expectations and  delivered value as expected, and the owner now changes the rules and denies you the equity  you earned, this article suggests to you a self-help strategy to make you whole for what the owner has denied you, and maybe even more equity than you were first promised (serves the double-dealing owner right!).

My article discusses this self-help strategy covering these topics –  

  • What are the right circumstances to take, for yourself,  the ownership you were promised? 
  • What are the constraints and circumstances that would limit such corrective self-help action on your part?
  • How do you go about setting up shop, to create your own company  in head-to-head competition with your former company and its owner?
  •  Is this self-help strategy the right choice for you?

As part of the discussion on forming your own company, my  article offers important cautions and tips for those who would wish to take this advice and form their own competing business.   These important cautions and tips, are also drawn from lessons learned and experience gained from my past CEO and C-level executive client representations in this field.

At the end of the article, I conclude by stating that if  you have essentially built a business, with production, marketing and sales, and the owner has chosen not to fulfill his or her promises to you of shared ownership, this article suggests to you a road map for self-help.  With the right executive employment counsel advising you, you may well be able to take charge.  For many who have done just that, it has proven to be professionally and financially rewarding.  Whichever course you take, best of luck to you!

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

Or on my website at https://www.executiveemploymentattorney.com/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/

This was my 40th article published in CEOWORLD since 2016.  Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles.   You can peruse this library and/or read as many of my 40 published articles as you wish.  See https://ceoworld.biz/author/robert-adelson/

CEOworld Magazine logo

With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/

Tweeting my new CEOWorld article on “Forming a competing company to take 100% ownership of the business you built”

If you tweet and would like to tweet my article, here are my four (4) tweets to retweet or to use in your own tweet –

2/19/23 article @ceoworld by @attorneyadelson for #CEOs #CLevel #seniorexecutives on #Forming a #competingcompany 2 #takefullownership of the #businessyoubuilt -great #selfhelpremedy when #businessowner reneges on #promisedownership https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/ via @CEOWORLD magazine

2/19/23 article @ceoworld by @attorneyadelson for #CLevel execs on #Forming a #competingcompany 2 #takefullownership of the #businessubuilt when u control #production & #sales -great #selfhelpremedy if #promisedownership denied 2u https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/ via @CEOWORLD magazine

2/19/23 article @ceoworld by @attorneyadelson on #Forming #competingcompany to #takefullownership of the #businessubuilt when u can navigate past #noncompete &other constraints: great #selfhelpremedy if #promisedownership denied 2u https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/ via @CEOWORLD magazine

2/19/23 article @ceoworld by @attorneyadelson on #Forming #competingcompany to #takefullownership of the #businessubuilt: great #selfhelpremedy if #promisedownership denied 2u provided u execute plan with care -avoid #legalpitfalls https://ceoworld.biz/2023/02/19/forming-a-competing-company-to-take-100-ownership-of-the-business-you-built/ via @CEOWORLD magazine

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer them insights and guidance to consider this bold self-help remedy if you too were brought in to turnaround a company and the owner has moved the goal posts or otherwise reneged on his or her promise to you of significant equity after you have largely done the job as asked.  Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me @ 617-875-8665 or rob@attorneyadelson.com

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CTO and CIO Employment Contract Terms to Negotiate For

A week ago, on Tuesday February 7, 2023, the executive career advancement website IvyExec published an article I wrote on “CTO and CIO Employment Contract Terms to Negotiate For.”

This new article offers contract terms to negotiate, for executives taking roles in two different C-level executive positions that are seeing increasing demand in today’s economy: Chief Technology Officers (CTO) or Chief Information Officers (CIO). These two positions tend to be the company point person for information and innovation, including taking the lead for corporate initiatives in new technologies like cloud computing, cybersecurity, AI, and IoT. This article is addressed to newly rising executives as well as to seasoned tech executives, if you may at some point find yourself being promoted to, or offered a job at another company, to be CIO or CTO. Among the important terms for CIO and CTO employment contracts discussed in the article are the following:

  • Scope of authority, levels of support, interface with related enabling departments,
  • Company reputation, mission, financials and other representations on which you are relying to take this job offer,
  • Equity compensation in scope and form matched to your position, stage of company and potential tax issues and
  • Protection to assure that inventions, software tools and ideas developed on your own are not transferred to the new employer without special consideration.

To see my full IvyExec career advancement website article, go to LINK:

https://www.ivyexec.com/career-advice/2023/cto-and-cio-employment-contract-terms-to-negotiate-for/

Or on my website at

https://www.executiveemploymentattorney.com/cto-and-cio-employment-contract-terms-to-negotiate-for/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.

https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”.

See also – https://www.ivyexec.com/

It is my hope that this article will be helpful to those offered or considering CTO or CIO roles in tech, life science or other innovation economy companies. If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Severance Compensation Package for Director, VP and C-Level Executives

Last Wednesday, on January 4, 2023, the executive career advancement website IvyExec  published an article I wrote on “Severance Compensation Package for Director, VP and C-Level Executives”

This new article is designed not only for CEOs, COOsCSOs, CTOs and other C-suite and senior executives in technology and life sciences, and also for other senior executives, and in other areas of the economy as well, but even for many VPs, directors and mid-level executives, who at one or more points in your career may face employment termination.  

Termination often comes as result of a change in ownership, control or top management that wants to clean house and bring in their own team, regardless of your success and past contributions.  In that case you might be called in and told “we’ve decided to go in a new direction…” classic code for your job is toast.  Other times a series of changes occur that make it hard for you to continue.

In my new article, I address  the following questions:

  1. Why do you need to have a severance package in your executive job offer?
  2. When can you later negotiate a severance agreement or package that you could not obtain in your job offer when you joined the company?
  3. What is a typical monetary executive severance package for VPs, directors, CEOs, CMOs and other C-level executives?
  4. What other non-monetary separation terms should you seek?

My discussion of monetary terms includes not only cash salary and bonus but key equity terms as well, so that a negotiated severance package, regardless of the timing and circumstances, is designed to make you whole for what you are losing with employment termination.

The discussion of non-monetary issues in the severance package includes important issues of Severance Triggers, Restrictive Covenants, Non-disparagement,  and Release of claims.

To see my full IvyExec career advancement website article, go to LINK: https://www.ivyexec.com/career-advice/2023/severance-compensation-package-for-executives/

Or on my website at  https://www.executiveemploymentattorney.com/severance-compensation-package-for-director-vp-and-c-level-executives/

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience.  In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals.  IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.  https://www.ivyexec.com/career-advice/write-for-us/

IvyExec claims a “Community of 2.5M+ Leaders”. See also  – https://www.ivyexec.com/

It is my hope that this article will be helpful to CEOs, CMOs, CSOs, CTOs and other C-suite and senior executives in technology and life sciences, who are being recruited and have now, or anticipate soon receiving, an attractive offer to move on, yet are also critical to their current company, where the current company might provide a significant retention package for the executive to stay.   If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Raymond James CEO Gets $15M Retention Award

Two weeks ago, on December 21, 2022, I was quoted on the utility of retention bonuses for corporate CEOs where the company has key needs to meet over a defined term, and the special benefits of an equity-based bonus, tied with reasonable terms including clawback provisions, which clearly set the ground rules and give assurance the company will receive a return for its retention bonus offer.

The publication which published this article, which quoted me, is Ignites, the preeminent source for news about the mutual fund industry. Each day Ignites delivers must-read competitive intelligence to more than 89,000 leaders across the world of mutual funds. Ignites is a subsidiary of the Financial Times. https://www.ignites.com/about

During our interview, the Ignites business reporter and article author Sonya Swink, asked me if the retention bonus she was reporting on was reasonable, where Raymond James has awarded Chief Executive Paul Reilly a $15 million equity bonus to incentivize him to stick around for three years while the firm’s board searches for his successor.

In a typical attorney response, I replied, “It depends.”  I told Ms. Swink that the stability Paul Reilly brings to Raymond James, as its long-term CEO, during that period, plus the assurance that there would be adequate time for careful selection and vetting of his successor, where Reilly’s past role as former CEO of Korn Ferry, could well be worth hundreds of millions of dollars to a company like Raymond James with most recent annual sales of $11 billion, annual profits over $1 billion, and current market cap of $21 billion.  At the same time, I did not give an unqualified “yes” to Swink’s question.  This is where the qualifiers came in.  I introduced into our conversation the importance of claw backs, terms and conditions to the bonus pay out, to give reasonable assurance to Raymond James that Reilly would follow through and provide best efforts over the period.  

To see this full Ignites article on Raymond James’ use of an equity bonus
for the Paul Reilly CEO executive retention, go to LINK:

https://www.ignites.com/c/3870914/501564/

or
https://www.ignites.com/lead/c/3870914/501564?referrer_module=t.co
However, please note that access may be limited to Ignites subscribers.
If you wish to view the article contents and are blocked, you may reach
out to me at rob@attorneyadelson.com.

The business reporter who authored this article, Sonya Swink, said she had found me and reached out to me after reading an earlier article I wrote on executive retention bonuses that was published in the IvyExec career advancement website.  That article, published August 4, 2022, was entitled Executive Sign on Bonus, Retention Bonus and Other Bonuses – Terms and Negotiations.” 

My August 2022 article was designed for CEOs and other C-Suite, VPs or other senior executives who when negotiating a new job offer or employment agreement need to give equal and perhaps greater focus on the structure and terms of bonus as they do to base salary compensation.

My article discusses five (5) key bonus structures for Sign-on bonus and Performance bonus but it also discusses the retention bonus, such as the one provided to Paul Reilly,  the Raymond James CEO.  The retention bonus or stay bonus is normally a one-time payment or a one-time retention agreement for considerations for the executive to commit to staying with the company for a set period of time or through to a planned event.  Often that planned event is an acquisition or change of control.  With Paul Reilly, the Raymond James CEO, the reported reason for the retention bonus is recruitment and integration of his CEO successor and a smooth transition along the way.

To see my full IvyExec career advancement website article, go to LINK:  https://www.ivyexec.com/career-advice/2022/executive-sign-on-bonus-retention-bonus-and-other-bonuses-terms-and-negotiations/ 

Or on my website at  https://www.executiveemploymentattorney.com/executive-sign-on-bonus-retention-bonus-and-other-bonuses-terms-and-negotiations/

It is my hope that this article will be helpful to CEOs and other senior executives who are considering retention bonuses, whether you wish to seek one, have been offered one, or are unsure of the terms, conditions or claw backs involved.  If you or any colleague of yours has a need in this area, please do reach out to me at rob@attorneyadelson.com.

Also, further information and strategies on CEO and senior executive
retention agreements, including strategies for you to propose and obtain
retention bonuses, are provided in my earlier article published by
CEOWORLD magazine, May 2019, “Negotiating Executive Retention
Agreement Terms To Protect Your Interests.”   To view my May 2019 article,
go to https://www.executiveemploymentattorney.com/executive-
retention-agreement/

How to Manage Multiple C-Level Executive Job Offers

Ten days ago, on Friday November 4, 2022, CEOWorld magazine published an article I wrote on “How to Manage Multiple C-Level Executive Job Offers”

This new article is designed for CEOs,  CFOs, COOs, and other C-level and senior executives, who currently have or expect to soon have multiple job offers, each job offer presenting an attractive opportunity, and where you as C-level executive, seek guidance of how to manage these offers for best effect financially, and for your families and your career.

This article discusses the art of managing multiple executive job offers to get the best results for yourself, including

  • How to evaluate multiple job offers, 
  • How to manage the process and in doing so manage expectations of the parties, 
  • What executive contract terms to seek from each company,
  • How to negotiate for the best terms from those available and still position yourself well for future opportunities,
  • How to navigate this process while maintaining your current position. 

Finally, the article discusses planning your exit to do so on good terms that enhance your reputation.

To see my full CEOWORLD magazine. article, go to LINK: https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/

Or on my website at https://www.executiveemploymentattorney.com/how-to-manage-multiple-c-level-executive-job-offers/

This was my 39th article published in CEOWORLD since 2016.  Previously, the editor advised that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website and add CEOWORLD magazine in my LinkedIn profile’s “Experience Section” as an “Opinion Columnist.” and authority in the field.  

On its own initiative, CEOWORLD magazine created on their website a library of Robert Adelson published articles.   You can peruse this library and/or read as many of my 39 published articles as you wish.  See https://ceoworld.biz/author/robert-adelson/

CEOworld Magazine logo

With more than 12.4+ million-page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide. https://www.linkedin.com/company/ceomagazine/

Tweeting My new CEOWorld article on “How to Manage Multiple C-Level Executive Job Offers”

If you tweet and would like to tweet my article, here is my four (4) tweets to retweet or to use in your own tweet –

11/4/22 article @ceoworld by @attorneyadelson for #CEOs #CLevel #seniorexecutives on “#Managing #Multiple #CLevelExecutive #JobOffers” including #comparative #evaluation of #companyculture #totalcompensationpackage #worklifebalance

https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/ via @CEOWORLD magazine

11/4/22 article @ceoworld by @attorneyadelson for #CLevel #seniorexecutives on “#Managing #Multiple #JobOffers” to #resist #recruiter #lowballoffers, #match #yourneeds to #suitorgoals, bring #bothoffers to #credibility then #runoff https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/ via @CEOWORLD magazine

11/4/22 article @ceoworld by @attorneyadelson for #CLevel #seniorexecutives on “#Managing #Multiple #CLevelExecutive #JobOffers” for #meaningfulequitystake #taxfavoredequity #neededsigningbonus #severancetriggers #robustprotections https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/ via @CEOWORLD magazine

11/4/22 article @ceoworld by @attorneyadelson for #CEOs #CLevel #seniorexecutives on “#Managing #Multiple #CLevelExecutive #JobOffers” to #getbestterms from #twojoboffers with #fulltimepostion for one #remoteconsulting for other https://ceoworld.biz/2022/11/04/how-to-manage-multiple-c-level-executive-job-offers/ via @CEOWORLD magazine

It is my hope that this article will be of benefit to CEOs, C-level and senior executives to offer them insights and guidance to make the most of the opportunity when you are being courted and …more than one suitor company is vying for your services for you to accept their job offer for next executive position.

 Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me @ 617-875-8665 or rob@attorneyadelson.com .