Stock-Based Incentive Plans and Related Securities Law Issues
Schiff Hardin has significant experience in drafting stock option and similar stock-based plans and in addressing the securities law issues related to such plans. These types of plans include:
- 401(k) plans
- Offering employer stock investment funds
- Stock purchase plans
- Stock option plans
- LLC unit option plans
- Dividend reinvestment plans
- Deferred compensation plans
- Stock trust plans
- Phantom share plans
We counsel clients with respect to the registration of securities offered under such plans as required by the Securities Act of 1933, state "blue sky" securities laws and the applicability of exemptions from registration, including private placement exemptions and Rule 701 of the Securities Act of 1933.
We also assist clients with the preparation of registration statements on Form S-8 or S-3, disclosure documents, including prospectuses and proxy statements, and with the reporting requirements and short-swing trading prohibitions applicable to officers and directors under Section 16 of the Securities Act of 1934. We have assisted several clients in revising their proxy statements to comply with the new SEC executive compensation disclosure requirements.