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Alexander K. Song

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[email protected]

+1.212.692.6237

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Alex's practice focuses on assisting clients with navigating the complex rules and regulations involved in employment and executive compensation matters. Alex represents clients in the negotiation and design of employment, consulting, severance, and non-competition agreements. He also advises clients in the structuring of compensation packages, including severance, change in control, deferred compensation, and equity compensation. Alex's experience also includes advising clients and management teams on the employment and executive compensation aspects of mergers and acquisitions. 

Experience

  • Represented a private staffing company in adoption and documentation of profits interest plan and change in control arrangements.
  • Represented a large private company in matters related to Section 280G of the tax code, including analysis of the impact of Section 280G and documentation of a shareholder cleansing vote.
  • Represented a startup technology company in the negotiation and documentation of employment documentation for key executive officers, including employment agreements, equity agreements, and restrictive covenant agreements.
  • Represented a public consumer service company in the negotiation and documentation of separation agreements for certain executive officers.
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viewpoints

Institutional Shareholder Services (“ISS”) has issued updated proxy voting guidelines, including an update to guidelines related to director compensation and the equity plan scorecard. The updated guidelines are effective for meetings on or after February 1, 2017.
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Last month, the Securities and Exchange Commission released new Compliance & Disclosure Interpretations (“C&DIs”) which provide guidance on the CEO pay-ratio rules.
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Institutional Shareholder Services Inc. (“ISS”), the influential proxy advisory firm, recently released their 2016-2017 Global Policy Survey results. These results show some interesting findings related to executive compensation and may signal the future of ISS policies concerning pay for performance and say-on-pay frequency.
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The Ninth Circuit recently held that Section 304 of the Sarbanes-Oxley Act (SOX 304) allows for a clawback of certain CEO and CFO compensation regardless of whether the clawback was triggered by the personal misconduct of such officers. District courts have reached this conclusion before, but the Ninth Circuit appears to be the first circuit to adopt such a view.
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On July 25, 2016, the IRS finalized regulations under Section 83 of the tax code that removes a procedural step in the process of filing an 83(b) election.
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Thank you again for all your help over the past few weeks as we address our concerns with employees going abroad. We previously talked about offer letters and employment agreements.
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Last month, consistent with their obligation under the Dodd-Frank Act, several federal agencies released for comment a joint proposed rule that would prohibit any incentive compensation that encourages inappropriate risk taking by a covered financial institution
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It’s been over five years since the signing of the Dodd-Frank Wall Street Reform and Consumer Act (“Dodd-Frank”) and we are still waiting for the U.S. Securities and Exchange Commission to finalize rules on several provisions related to executive compensation.  Below is a summary of the current landscape of Dodd-Frank as it relates to key executive compensation provisions.
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Earlier this month Governor Cuomo signed into law New York’s Paid Family Leave Act, which, when fully implemented, will provide virtually all employees in the state up to 12 weeks of paid family leave.
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News & Press

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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BOSTON – Mintz has served as legal counsel to wealth-management firm Lido Advisors LLC, a Charlesbank Capital Partners portfolio company, in its partnership with Colorado Financial Management (CFM).

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Mintz attorneys in Boston, New York, and Washington, DC, closed four Private Equity transactions in the past month. Along with acquisitions for Charlesbank Capital Partners, DIF Capital Partners portfolio company Joink LLC, and Artemis Capital Partners, the firm represented the CEO and some managers of Salary.com in the sale of most of the company’s equity interests to Accel-KKR.

Enacted on December 22, 2017, the 2017 tax act (Pub. L. No. 115-97, §13602(a)) added §4960 to the Internal Revenue Code. This new section imposes an excise tax on the amount of ‘‘remuneration’’ in excess of $1 million, plus any ‘‘excess parachute payment’’ paid by an ‘‘applicable tax-exempt organization’’ to a ‘‘covered employee.’’ The Chair of Mintz’s Employee Benefits & Executive Compensation Practice, Alden J. Bianchi, and associate Alexander K. Song, explore §4960 in this article, and conclude that from the perspective of the board or management of an ATEO, there is a lot not to like in §4960 and the IRS’s interpretation of the statute in the Notice.
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
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Recognition & Awards

  • Featured in Best Lawyers in America Ones to Watch, Employment Law (2024 - 2025)

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