Executive Compensation

One of the most important concerns of any business is the retention and motivation of qualified management. Our attorneys have in-depth experience in the development and preparation of executive employment agreements and bonus and incentive compensation plans. Our attorneys are up to date on a wide variety of deferred tax plans, including defined benefit pension plans, 401(k), profit-sharing plans and ESOPs. We also prepare stock option plans, obtain qualification of various plans from the IRS where required, and administer compliance of various plans where governed by DOL and SEC regulations. In addition, our attorneys prepare non-compete agreements to protect against improper competition from former employees and severance agreements to terminate unsatisfactory employment relationships.

Experience

Represented Conrail Corporation in PCB remediation Superfund action at the Paoli rail yard

Evaluated reporting obligations and potential recall obligations for numerous companies, including tire manufacturers

Advised an investor concerning potential liability from owning and operating a waste transport company

Represent an automobile parts supplier trade association concerning its potential environmental liability from emissions and releases during the normal use of the product

Provided advice to tire manufacturers regarding TREAD Act compliance issues

Assisted a national trade association in drafting pre-emption language for an amendment to a federal energy efficiency provision

While at EPA, brought an enforcement action against railroad due to the contamination at its rail yard

Advised tire manufacturers and the industry trade association in connection with tire recalls and customer satisfaction programs, labeling and disclosure, applicability of NHTSA regulations if products not in compliance with NHTSA regulations are returned to the country of origin, methods of methods of protecting the confidential information

Representation of an international private equity firm and its portfolio company in the sale of MicroStar Logistics, Inc., one of the United States’ largest beer keg and container leasing and logistics companies, and Global Asset Management, Inc.

Representation of a grain and ingredient manufacturer in the sale of assets to a strategic buyer.

Representation of an automotive parts supplier in its acquisition of an after-market motorcycle parts manufacturing and supply company.

Representation of a public company’s financial subsidiary in the capital investment of a manufacturing company.

Representation of a company in the multi-billion dollar take private of an international natural resources, paper and manufacturing company.

Representation of a public company in the sale of its bicycle manufacturing subsidiary.

Representation of a dental device manufacturer in the acquisition of dental related assets from a patent development company.

Represent the seller of a private hydro power production company in the sale of the company to a private equity firm.

Representation of an exercise equipment and product distributor in the acquisition of a fitness equipment company.

Representation of an international technology company in the acquisition of a defense industry software development company

Representation of a railroad logistics company in the acquisition of a trucking logistics company.

Sale of a landfill products and equipment supply company to a private equity firm.

Representation of a public oil and energy exploration company in its strategic acquisition/merger of another public oil and energy exploration company.

Representation of the subsidiary of a public airline in the take private/merger, through a tender offer, of a public internet-based technology company.

Representation of the group of partners in a risk consulting practice that was being sold by an international public accounting firm.

Representation of a railroad logistics company in the acquisition of an intermodal logistics company.

Representation of a public company’s financial subsidiary in the capital investment in an educational materials company.

Representation of a public energy company and a number of its subsidiaries in the sale of several international energy subsidiaries to a private equity firm.

Representation of an international financial institution in the acquisition of another financial institution’s derivatives and institutional trading practice.

Representation of a pre-packaged food processing company in its sale to a private equity firm.

Representation of an international food processing company in the sale of its U.S. potato processing subsidiary.

Representation of a public company's financial subsidiary in the capital investment of a baked goods supply, processing and distribution company.

Sale of the largest online tie and clothing accessories company to a private equity firm.

Representation of a private equity firm in the capital investment in a hospital/medical facilities company.

Representation of a private equity firm in the acquisition of a national insurance agency company.

Representation of a private equity firm in the proposed acquisition of a national insurance surety company.

Representation of a private equity firm in the capital investment in a glass manufacturing company.

Representation of a private equity firm in the capital investment in a medical care provider company.

Represented a private equity firm in the sale of an ancillary vehicle protection products and services company to a private equity firm.

Represented a private equity fund in the sale of a leading provider of vehicle service contracts.

Representation of a private equity firm and its portfolio company in the sale of the portfolio company’s software subsidiary to a software and technology company.

Representation of a private equity firm in the acquisition of a national insurance claims company.

Representation of a private equity firm in the acquisition of an entertainment production company.

Representation of a private equity firm in the acquisition of the assets of an armored car company out of bankruptcy.

Representation of a private equity firm in the proposed acquisition of a national insurance casualty company.

Representation of a private equity firm in the multi-billion dollar acquisition of an automobile component business.

Representation of a private equity firm and its portfolio company in the sale of a number of the portfolio company's subsidiaries in the container and logistics industries to an international private equity firm.

Representation of a public medical device manufacturing company in its proposed multi­billion dollar merger of another public medical device and instrument manufacturing company.

Representation of an international logistics, processing and data processing holding company in its proposed sale to strategic and private equity buyers.

Representation of an international company in the proposed acquisition of the assets of a U.S. based plastics and synthetics resin manufacturer out of bankruptcy.

Representation of a home goods retailer in the proposed acquisition of a furniture and entertainment goods retailer.

Represented Official Committee of Unsecured Creditors in In re Giordano’s Enterprises, Inc. (Bankr. N.D. Ill.).

Represented chapter 7 trustee of Knight-Celotex, LLC, an $80 million building supply manufacturer, in its liquidation proceedings before the U.S. Bankruptcy Court for the Northern District of Illinois.

Representation of a public company and its subsidiaries in the proposed sale of several non-U.S. based utility subsidiaries and divisions.

Representation of a private equity firm in the proposed capital investment in an insurance brokerage company.

Representation of a private equity firm in the proposed acquisition of a movie theater company.

Representation of a private equity firm in the proposed capital investment in a regional insurance agency company.

Advise private equity firm on the board, management and officer structure of thirty-nine portfolio companies under its management.

Advise equity holders of an international container and logistics company on the restructuring of its board of directors and business expansion initiatives.

Represent a solar energy technology company in multiple rounds of equity offerings. 

Representation of an international bank, private equity firm and hedge fund in the restructuring and acquisition of a manufacturing holding company and its subsidiaries.

Represent start-up and growing companies with private placement offerings.

Represent managers in the preparation of documentation for EB-5 private placement offerings.

Newsletter Alerts
Employers Remain Liable for Employment Taxes Despite Hiring PEOProposed Healthcare Reform May Mean Tax ChangesClark Hill PLC Introduces the Investment Management Industry Team Trump Promises Tax Reform Announcement in the Next Few Weeks DOJ and FTC Issue Updated Antitrust Guidelines for the Licensing of Intellectual PropertyIRS Clarification Causes Many Partnerships to Change Compensation Reporting for PartnersNew FDIC Study is Predictive of Upcoming Risk Management ExaminationsDOL Issues Guidance on the Fair Pay and Safe Workplaces Executive OrderCreditors Beware-Automatic Stay Violations Can Lead to Massive Punitive DamagesGetting Comfortable with Lender Comfort LettersNew Trade Secrets Law: What it Means for Your Business It Still Hurts - DOL's Revised, Final Rule on Overtime Doubles Minimum Salary Level Starting December 1, 2016DOJ's New FCPA Guidance and Pilot ProgramFederal Crowdfunding: The SEC Final RuleDelaware Corporation Information System InterruptionSupreme Court Decision Serves as Reminder of Sarbanes-Oxley Disclosure RequirementsDOJ Hits French Energy Giant with Massive FCPA FinesSEC Charges Private Equity Firm With Violations in First Case Under 2010 Pay-to-Play Rules for Investment AdvisersSupreme Court of Michigan Rules in Favor of General Contractor and Clarifies the Accrual of Indemnification Claims in the Construction Industry GM Issues New General Terms and ConditionsNew Alcohol Laws On TapAutomotive Impact: The Year in ReviewUpdate Regarding Jobs Act Passage
News
Clark Hill Attorney Charles R. Berry to Present Securities Law Program for State Bar of Arizona on April 20, 2017 in Phoenix, AZClark Hill’s Ellen E. Hoeppner, Tom L. Kelly, Jane C. Luxton, and Linda M. Watson to Present “The Trump Administration's First 100 Days: In-House Guide to Key Policy and Regulatory Developments” WebinarClark Hill Attorneys Named to Southwest Super Lawyers & Rising Stars 2017 ListClark Hill Attorney Deanna M. Deldin to Present Non-Profit Boot Camp Webinar for MICPA on May 24, 2017 Clark Hill Attorneys Joel D. Applebaum and Linda M. Watson to Present In-House Counsel Webinar “The Trump Card: Effectively Using Demands for Adequate Assurance of Performance"Clark Hill Attorneys Jane C. Luxton and Linda M. Watson to Present In-House Counsel Webinar “The Antitrust Refresher You Really Might Need” on February 21, 2017Clark Hill Phoenix Attorney Daniel Schenck Elected to the Board of Directors of the Arizona Small Business Association Clark Hill Announces Attorneys Elected to Membership, Promotions to Senior AttorneySeventeen Clark Hill Attorneys Named to the 2017 Illinois Super Lawyers & Rising Stars List Twenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2017 Top Lawyers ListClark Hill PLC Receives National Rankings in the 2017 Edition of U.S. News-Best Lawyers, “Best Law Firms”Corporate Law Attorney Kevin M. DiDio Joins Clark Hill DetroitClark Hill Attorney Deanna M. Deldin to Present “View from the Nonprofit Risk Management Landscape” at MICPA Non-Profit Conference on October 7, 2016Clark Hill Attorneys Paul Magy, James Waggoner, Anne-Marie Vercruysse Welch, and Mallory Kallabat to Present a Legal Update at BOMA Brown Bag Series Seminar September 13, 2016Sixty Clark Hill Attorneys Named 2016 Michigan Super Lawyers & Rising StarsSixty-Four Clark Hill Attorneys Selected for Inclusion in the 2017 Edition of Best Lawyers in AmericaClark Hill Attorneys Sandra S. Hamilton and Jeff Van Winkle Provide Guidance on How to Access Capital for Small BusinessesClark Hill Attorneys Named 2016 “Leaders in their Field” by Chambers USATwenty-Six Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2016 ListTax Law Attorney Kenneth S. Wear Joins Clark HillClark Hill Attorneys Named 2016 Washington DC Super LawyersClark Hill Attorneys Named to Southwest Super Lawyers & Rising Stars 2016 ListClark Hill Attorney Charles R. Berry Presented “Crowdfunding and Other Changes to Capital Formation After the Jobs Act” to the State Bar of Arizona Securities Regulation Section on April 6, 2016Clark Hill Attorney Eric Hocky to Present at ASLRRA’s Annual Meeting – April 5, 2016Clark Hill Announces Its 2016 “In-House Counsel Webinar Series”Clark Hill Attorney Charles Berry Presented on "Crowdfunding and Capital Formation" at the Arizona Technology Council's Annual Meeting Sixty-Six Clark Hill Attorneys Selected for the 2015 Super Lawyers Business EditionTwenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2016 Top Lawyers ListClark Hill PLC Receives National Tier 1 Ranking for Litigation – Construction in the 2016 Edition of U.S. News-Best Lawyers, “Best Law Firms”Sixty-Five Clark Hill Attorneys Named to Michigan Super Lawyers 2015 ListClark Hill PLC Receives National and Metropolitan Tier 1 Rankings in the 2016 Edition of Best Lawyers in America's “Best Law Firms”Sixty-Two Clark Hill Attorneys Selected for Inclusion in the 2016 Edition of Best Lawyers in America Corporate Attorney Todd R. Southwell Joins Clark Hill Chicago Clark Hill Attorney Jeffrey J. Van Winkle Presents "2015 Business Entity Update" Webinar for the Institute of Continuing Legal EducationClark Hill Attorney Jeffrey J. Van Winkle Honored During the Grand Rapids Center for Community Leadership's 30th AnniversaryClark Hill Attorney Kevin Williams to Speak at Seminar on Business Opportunities in Growing Pacific Alliance Countries in Latin America – Philadelphia, March 16, 2015Clark Hill Attorney Daniel H. Minkus to Participate in Michigan Humane Society’s “These Animal Advocates are in the Doghouse” event on February 10, 2015 Veteran Real Estate Attorney Donald A. Shindler Joins Clark Hill ChicagoClark Hill Phoenix Continues to Grow with Two New Additions Clark Hill Attorney James R. Waggoner to Participate as Panelist for Toast + Tech Talk in Detroit on October 28, 2014 Fifty-Seven Clark Hill Attorneys Named 2014 Leading LawyersClark Hill Attorney Robert Weyhing Appointed Officer of the French National Order of Merit Clark Hill PLC Hosts Technology Leaders Event with Amazon Web Services and CloudnexaClark Hill PLC Selected as a Community Partner for DesarrolloCorporate Attorney Joel S. Solomon Joins Clark Hill's Philadelphia OfficeClark Hill Attorney Jeffrey Van Winkle Named Chair of the National Small Business Association for 2014Clark Hill Attorney Daniel H. Minkus to Serve as Director of Training at Award Winning Business Boot Camp January 23rd & 24th in PlymouthClark Hill Attorney Kristi R. Gauthier to Present at ACG Michigan Construction Industry HR Summit in Livonia January 16thClark Hill Attorney Daniel H. Minkus to moderate and speak at ICLE’s 21st Annual “LLC and Business Entity Update” Available February 11, 2014Clark Hill Attorney Daniel Schenck Presented at the Arizona Technology Council’s Startup Connect AZ ConferenceClark Hill Attorneys Darrell E. Davis, Sean M. Carroll, Karen L. Karr and Daniel A. Schenck Presented to the Arizona Chapter for the Association of Corporate CounselClark Hill Attorneys William J. Kohler and Jennifer Woods to present at the International Fasteners InstituteClark Hill Attorney Eric M. Hocky to Speak at ATLP Fall Forum (Oct 26, 2013) and ASLRRA General Counsel Symposium (Nov 18-19, 2013)Clark Hill Attorney Jeffrey J. Van Winkle Named Chair of State Bar of Michigan’s Business Law SectionClark Hill Continues to Grow with the Addition of Arizona Corporate Attorney David G. BeauchampClark Hill Attorney Eric Hocky Receives ATLP Presidential AwardClark Hill Attorney Daniel Minkus Named 2013 Stephen H. Schulman Outstanding Business Lawyer By the Business Law Section of the State Bar of MichiganClark Hill Attorneys John C. Norling and Karen L. Karr to Present at the ASBA Small Business Conference – May 16Clark Hill Attorney Jeffrey Van Winkle Participated in ACG Western Michigan Crowdfunding Panel – April 17Clark Hill Attorney Jeffrey Van Winkle Participated in a Panel Discussion at the ABA Mid-Year MeetingClark Hill Attorney Frank D. Ballantine Participated as a Judge in Brands Meet Startups – April 23Honorary French Consul Robert Weyhing Recognized by Counsel General of France for 15 Years of ServiceClark Hill Chicago Attorney Frank D. Ballantine Presented to the CFO Leadership Group on “Effective Boards of Directors”Panel Discussion on Public Art to Take Place During the State Bar of Michigan's 2012 Annual Meeting at the DeVos Place in Grand Rapids, Mich., Sept. 21Attorney Frank D. Ballantine Joins Clark Hill ChicagoCorporate Attorney Meridith G. Cannon Joins Clark Hill ChicagoClark Hill PLC Nationally Ranked by Prestigious Chambers USAClark Hill West Michigan Attorney John Schneider to Teach Nonprofit Leadership Workshop at Grand Valley State UniversityClark Hill West Michigan Attorney Jeffrey Van Winkle Elected to the 2012 National Small Business Association Board LeadershipClark Hill PLC Recognized by Chambers USAClark Hill Attorney John P. Schneider Elected to Board of Directors of the Michigan Nonprofit AssociationClark Hill Attorneys Blair Hysni and Jeff Van Winkle Featured in Second Annual Homeland Security Venture & Angel Capital Symposium
Articles
Deanna M. Deldin Featured in Detroit Legal News: Crunching Numbers, Attorney Draws on Financial Experience in Corporate Law, March 2017Chad Poznansky Interviewed in Leading Lawyers Magazine - Real Estate Edition for 2017, January 2017Small Business Guide: Access to CapitalJeff Van Winkle Quoted in Crain's Detroit Business: Brexit May Stall Business Investment, June 2016Kevin Fanning Featured in Macomb County Legal News: Order from Chaos, Attorney Serves as Strategist for Business Leaders, March 2016Jeff Van Winkle Quoted in MiBiz: SEC Finalizes Equity Crowd Funding Rules, November 2015Jeff Van Winkle and Kevin Williams Quoted in MiMfg Magazine: Michigan in the Global Economy, October 2015Small Business Guide: Intellectual PropertyCrain's Detroit Business - Crowdfunding Young & Complex: Here's a 4-step Program to Decide if it's Right for Your BusinessSmall Businesses Urge Passage of Tax ExtendersClark Hill Nonprofit Guide for Directors of Nonprofit Organizations in MichiganFive Qs: Daniel Minkus on When to Sell a Business in dBusinessWho Could Be At Risk For Personal Liability in Customs Violations? By Tom O'Donnell in C.H. Robinson BlogJeff Van Winkle Q&A in MI BizJames Waggoner Presented at Toast + Tech Talk: Grow From Entrepreneur to Strategic Business Leader on October 28, 2014Buy-Sell Agreement: What It Means for Your BusinessYour Retail Tenant Has Filed For Bankruptcy - NOW WHAT?
Presentations
WEBINAR: The Trump Card: Effectively Using Demands for Adequate Assurance of PerformanceWEBINAR: The Antitrust Refresher You Really Might NeedWEBINAR: Employee Background ChecksWEBINAR: Drafting Liability-Limiting Clauses for In-House CounselWEBINAR: Anticipating the 2016 Election Results: What Corporate Law Departments Need to Know WEBINAR: Going, Gone, Global: What In-House Attorneys Need to Know About Immigration LawWEBINAR: What To Do When The Government Comes Knocking (In-House Counsel)WEBINAR: Enforcement Actions for In-House CounselWEBINAR: In-House Economics for 2016: Managing the Supply and Demand for Legal Services in Law DepartmentsWEBINAR: What To Do When The Government Comes Knocking
Media
MiBiz CFO of the Year Awards Video5 Tips for Comic Creators, Clark Hill Attorney Andrew Turk Explains By The Legal Broadcast NetworkCrowdfunding for Arizona Small Businesses: Business Lawyer Charles Berry Gives a Primer for Buyers and SellersCrain's Detroit Business Executive Insights - Keep Growth on the up...and up: How Companies Can Sustain Success