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Hot Issues in Executive Compensation 2004

 
Author(s): Scott P. Spector, Max J. Schwartz
Practice Area: Corporate & Securities, Employee Benefits, Employment, Tax
Published: Sep 2004
ISBN: 140240493X
PLI Item #: 2879
CHB Spine #: J642

Max Schwartz is a co-managing partner of the Firm's Executive Compensation and Benefits Practice Group. He has broad-based experience in the securities, tax, and labor (ERISA and other) laws impacting executive compensation and employee benefits, and advises Firm clients on both a regular ongoing basis and in the context of corporate transactions and initial public offerings.
Mr. Schwartz has written and lectured extensively on executive compensation and benefit matters. He is a charter member of the American College of Employee Benefits Counsel, Inc. He is currently co-chairman of the annual ALI-ABA two-day Executive Compensation conference and is former co-chairman of the annual PLI Executive Compensation Program. He is a member of the tax section of the American Bar Association (former chair of the Executive Compensation Subcommittee of the Employee Benefits Committee); a member of the Employee Benefits and Executive Compensation Committee of the Corporate Banking and Business Law Section of the ABA; a member of the Tax Section of the New York State Bar Association (former member of the Executive Committee of the Section of Taxation and former co-chair of its Committee on Employee Benefits). He is also on the Employee Benefits Advisory Committee for the Practising Law Institute.

Mr. Schwartz is widely recognized as a leader of this field in recent consecutive editions of established guides to the legal profession, including Chambers USA: America's Leading Lawyers for Business (yearly since 2004); New York Super Lawyers - named as one of the top 100 lawyers in New York in all fields and as a leading lawyer in Employee Benefits/ERISA (yearly since 2006); The Legal 500 United States (yearly since 2007); PLC Which Lawyer? Yearbook (yearly since 2002); PLC Cross-border Labour & Employee Benefits Handbook (yearly since 2005); and The Best Lawyers in America (yearly since 1995). He was recently named by Human Resource Executive magazine (in conjunction with Lawdragon) as one of the Nation's Top 100 Most Powerful Employment Attorneys (2009) and as one of the Nation's Most Powerful Employment Attorneys - Top 10 for ERISA Law (2010).

Education
1973, University of Michigan Law School, J.D.
1970, Institut d'Etudes Politiques (Paris, France), B.A.


Scott Spector chairs the Executive Compensation and Employee Benefits Group of Fenwick & West. His practice emphasizes the compensation issues that arise in connection with mergers and acquisitions, initial public offerings and corporate governance matters. He also specializes in serving high technology and software clients in designing and implementing executive compensation, equity compensation and other executive compensation arrangements. He is an expert on Section 409A and 162(m) matters. Scott represents numerous chief executive officers of technology companies in contract negotiations.

Among his current and previous clients are:

  • Fitbit
  • GoPro
  • Cisco Systems
  • ServiceNow
  • Facebook
  • Wordday
  • Symantec
  • Refin

He is the former Chair of the Subcommittee on Executive Compensation of the Federal Regulation of Securities Committee of the ABA Business Law Section and the Subcommittee on the Federal Securities Regulation of the Committee on Employee Benefits of the ABA. Scott co-chairs the ALI/ABA annual Executive Compensation program. He is a frequent speaker at the Stanford Law School Directors’ College, NASPP national conferences and often at other national compensation, governance, and securities law programs. Scott has also written extensively on executive compensation, corporate governance and stock compensation matters. He was named to The Best Lawyers in America in the area of Employee Benefits Law and recognized by Chambers USA as one of the top Employee Benefits and Executive Compensation lawyers in the US and California.

Scott received his Bachelor of Arts and Juris Doctor from Tulane University, in 1971 and 1974 respectively, and his Masters in Law (in Taxation) from New York University in 1975.

Scott is Member of the State Bar of California.