C-Level Law

January 20, 2021

In the United Sates, generally, each party must pay its own attorneys’ fees. However, that can be changed by contract and prevailing party attorneys’ fees provisions, by which the prevailing party in litigation can recover attorneys’ fees from the other party, are common in executive employment agreements.

Golden Parachute or Golden Handcuffs?

By: Colin A. Walker

January 12, 2021

Golden parachute. Golden handcuffs. These terms are associated with a posh executive position that is a no-lose and highly beneficial situation for a C-Level executive. But is it really?

CDLE Invokes Public Health Emergency Provisions of Healthy Families and Workplaces Act for 2021

By: Colin A. Walker

January 5, 2021

The Colorado Department of Labor and Employment (CDLE) has issued a rule determining that the Public Health Emergency provisions of the Healthy Families and Workplaces Act (HFWA) will be in effect in 2021.

Arbitration Agreements

By: Colin A. Walker

December 15, 2020

Arbitration is a dispute resolution process whereby a third party retained by the parties to a dispute, rather than a judge or jury, resolves the dispute.

Choice of Law and Venue

By: Colin A. Walker

December 8, 2020

Parties to a contract may choose which law governs their agreement and, if the chosen law bears some legitimate relationship to the parties or the contract, the choice is usually enforceable.

Newsflash: Pay Equity Law Goes Into Effect

By: Colin A. Walker

December 1, 2020

On January 1, 2021, Colorado’s new pay equity law will become effective. Here's what you need to know to prepare.

Intellectual Property

By: Colin A. Walker

November 17, 2020

C-Level executives are commonly involved in creating intellectual property for the businesses, such as marketing materials, trademarks, and R&D. If they do so while employed by the company, using the business’ resources, and the works related to the business of the company, the works are owned by the company.

I’ve been offered stock options. What should I do before I accept them?

By: Colin A. Walker and Ryan M. Tharp

November 10, 2020

Many companies use stock options or other types of equity incentives to incentivize key employees. Usually stock options are issued under a written plan and an option agreement that you will be asked to sign. Those documents contain important provisions that you need to understand before accepting the stock options.

Paid Family Leave Ballot Initiative Passes in Colorado

By: Colin A. Walker

November 4, 2020

“May you live in interesting times” goes the ancient Chinese curse (actually, it’s British) and we are certainly living in interesting times. While most of our attention is focused on the still undecided Presidential election, there were other important election developments that are confirmed.

Issuing Stock Options

By: Ryan M. Tharp and Colin A. Walker

October 27, 2020

Attracting and retaining key employees is one key to a company’s success. Equity incentives offer a way to incentivize high performance and reward loyalty.

Garden Leave

By: Colin A. Walker

October 20, 2020

Garden Leave, doesn’t that sound nice? A little historical color: in England, some employees would agree to a period of time just before the end of their employment during which they would be paid, but would not work.

Non-Compete/Non-Solicitation Agreements

By: Colin A. Walker

October 13, 2020

A common and important provision in many executive employment agreements is a non-compete agreement and/or a non-solicitation agreement (also known as restrictive covenants). In most states, there are limits on the enforceability of non-compete agreements.