Category Archives: Retention agreements

In Buc-ee’s Retention Pay Squabble, Former Manager Scores Big Payback from Appellate Court

A Texas appellate court recently stiff-armed the Buc-ee’s convenience store chain for a poorly considered retention pay provision that amounted to “unenforceable restraints of trade.” The court’s interpretation of the retention pay provision is a learning opportunity for employers who … Continue reading

Posted in Clawback provisions, Covenants Not to Compete, Non-Competes, Restraint of trade, Retention agreements | Tagged , , , , , | Leave a comment

NFL lessons for the C-Suite on succession planning, Exhibit 1: Tony Romo

Dallas Cowboys owner Jerry Jones has himself in an ideal succession situation. He waited to draft the perfect candidate – Dak Prescott. He and can now let potential future star quarterback Prescott learn while aging star Tony Romo still has the ball. Boards and C-Suite folks should think like Jones: Keep your stars in place, but keep an eye on the future of the company. Continue reading

Posted in Corporate successsion, Executive contracts, Fiduciary Duty, Retention agreements, Severance Packages, Sports contracts | Tagged , , , , , , , | Comments Off on NFL lessons for the C-Suite on succession planning, Exhibit 1: Tony Romo

What to do when your successful business unit is sold

Success is sometimes rewarded in strange ways, such as when a company sells off a highly profitable business unit in order to raise cash (as Nestle did when it bought Cadbury and as Barnes & Noble is considering doing with … Continue reading

Posted in CEOs, Change of Control Agreements, Dodd-Frank, Executive Compensation, Executive contracts, Legal, Retention agreements | Tagged , , , , , , , , | Comments Off on What to do when your successful business unit is sold