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L-Blast | September 2011

Eliminating the Stigma Around Change-in-Control

by Josh Henke, Brent Longnecker, & Chris Crawford

Whether triggered by fear of instituation watchdogs like ISS or the lack of understanding on Section 4999 of Internal Revenue Code (aka 280(G)), there is commonly a negative stigma surrounding Change-in-Control (“CIC”) protection for senior executives. NFPCCmp;A is a proponent of CIC protection for most executive teams, but not so receive unreasonable compensation in the event of a transaction. The following article addresses the fundamentals and original intent of CIC protection to hopefully remove some of the negative optics surrounding 280(G).

Choosing the Right Peer Group

by Kevin Kuschel, Brent Longnecker, & Chris Crawford

Choosing a peer group can be a frustrating, yet necessary task. Companies use peer groups to assess and maintain competitive compensation levels, identify potential competitors, assess relative performance, and defend compensation decisions. Therefore, the importance of creating the right group cannot be overlooked. In fact, creating the wrong peer group not only creates the perception of a lack of governance with regard to the compensation setting process, it often results in compensation that is too high or compensation that is not competitive.

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