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David has extensive experience handling executive compensation issues in mergers and acquisitions, venture capital investments, private equity financing, and other transactional contexts.
On behalf of buyers, sellers, and management teams, David drafts and negotiates the compensation and equity arrangements for senior-level executives that drive and reward performance. He is also skilled at structuring and implementing deferred compensation arrangements, performance bonus plans, option and restricted stock awards, synthetic equity plans and equity participation in limited liability companies, partnerships, and corporations. He is adept at structuring these arrangements to comply with the employment, corporate, tax, employee benefit, and securities law issues inherent in them.
He is also skilled at counseling clients and litigating with respect to a broad range of business issues, with an emphasis on employment law issues as they relate to business disputes and transactions. He assists corporate counsel and human resources personnel to develop strategies and documentation for handling sensitive employee situations.
Experience
- Representing a large private equity fund in structuring the compensation and equity arrangements for the senior management team in its acquisition of an industrial materials manufacturer.
- Representing the senior management team of a marketing information services company in negotiating their employment and equity arrangements in connection with a private equity company’s acquisition.
- Structuring and implementing a management incentive plan for an international manufacturer.
- Representing a public company in connection with modifying its outstanding performance equity awards to comply with Section 409A of the tax code.
- Representing a large not-for-profit organization in connection with the investigation of alleged misconduct by a high-level officer.
- Negotiating compensation arrangements for senior portfolio and strategy managers with various mutual, private equity, and hedge funds.
- Handling an internal investigation concerning alleged kickbacks to employees from a corporation’s vendors.
- Winning an arbitration to obtain purchase price adjustments for the principals of a corporation sold to a public company.
- Avoiding whistleblower claims from senior members of a manufacturer’s accounting department based on allegedly fraudulent accounting practices.
- Represented the Chief Operating Officer of a large telecommunications company in connection with a renewal and renegotiation of his employment agreement and equity awards.
- Represented a wholesale retailer in connection with negotiating the equity awards granted to its CEO, including drafting and negotiating a restricted stock award, a non-qualified option award, two profit interest awards and multi-party put, call and pre-emption rights agreement.
- Represented a wholesale retailer in connection with negotiating the equity awards granted to its CEO, including drafting and negotiating a restricted stock award, a non-qualified option award, two profit interest awards and multi-party put, call and pre-emption rights agreement
viewpoints
Artificial Intelligence Executive Order: Workplace Implications
February 12, 2025 | Blog | By Michelle Capezza, Evan Piercey, Corbin Carter, David Lagasse
President Trump’s executive order entitled Removing Barriers to American Leadership in Artificial Intelligence (the “Trump AI Order”) seeks to create “a path for the United States to act decisively to retain global leadership in artificial intelligence.” The Trump AI Order purports to “revoke[] certain existing AI policies and directives that act as barriers to AI innovation,” although it does not shed light on any specific policies and directives that are revoked by virtue of the order. The Trump AI Order also comes in the wake of President Trump’s earlier Executive Order revoking several Biden-era orders, most notably including President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “Biden AI Order”), which had directed federal agencies to undertake various initiatives and studies regarding the uses, benefits, and potential pitfalls of AI. While the Trump AI Order broadly impacts AI-policy on multiple levels, this advisory focuses on its impact on the U.S. workforce.
Hiring Across the 49th Parallel: Traps for the Unwary for Cross-Border US-Canada Hires (Part II)
October 8, 2024 | Blog | By David Lagasse, Brad Tartick, Patrick Denroche, Dina Sebrow
The United States and Canada are each other’s largest trade partners with nearly C$3.6 billion/US$2.7 billion worth of goods and services crossing the border each day in 2023. The United States is the single greatest investor in Canada and Canada was the largest source of foreign direct investment in the United States at the end of 2022.[1] As commerce in general and employee mobility in particular increases, employers with operations in the United States and Canada may consider a “one-size-fits all” approach to employment, benefits and compensation arrangements. However, despite many similarities, employers should take heed of possible discrepancies across the two countries’ employment landscapes. In this Part II of our series on cross-border hiring, we discuss health benefits and retirement benefits.
A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans
March 20, 2024 | Blog | By Michelle Capezza, David Lagasse
Hiring Across the 49th Parallel: Traps for the Unwary for Cross-Border US-Canada Hires
February 14, 2024 | Blog | By David Lagasse, Brad Tartick, Marc Aspis, Patrick Denroche
FTC Seeks to Ban Non-Competes: What it Means for Businesses & Employees
January 6, 2023 | Blog | By David Lagasse, Marc Aspis, Danielle Bereznay, Danielle Dillon
Webinar Recording: Cryptocurrency in Employee Benefits and Executive Compensation: Let's Discuss!
June 29, 2022 | Webinar | By Anne Bruno, Michelle Capezza, David Lagasse
Interest in cryptocurrency investments has been increasing at a rapid pace and employers don't want to be left behind. In this webinar, team members from Mintz’s Employee Benefits & Executive Compensation Practice break down key considerations employers face towards designing compensation programs to pay employees in the form of cryptocurrencies.
The Department of Labor Addresses 401(k) Plan Investments in Cryptocurrencies
March 17, 2022 | Blog
In recently issued Compliance Assistance Release No. 2022-01 (the “Release”), the Department of Labor addressed cryptocurrencies as 401(k) plan investments. To the surprise of some and the delight of others, the Department did not shut the door on these investments. It did, however, counsel extreme caution.
Webinar Recording: Hot Topics in Employee Benefits and Executive Compensation: What's New in 2022?
February 9, 2022 | Webinar | By Michelle Capezza, David Lagasse, Anne Bruno
Conference Recordings: Mintz's Annual Employment Law Summit
March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, Jennifer Rubin, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brendan Lowd, Nicole Rivers, Richard Block
The SBA Issues Forgiveness Application and Guidance for the Paycheck Protection Program: What Employers Need to Know
May 21, 2020 | Blog | By David Lagasse
News & Press
Trump Actions Could Undermine EEOC AI Bias Efforts
February 13, 2025
Tech Target referenced a blog post written by Member David Lagasse, Of Counsel Michelle Capezza, and Associates Evan Piercey and Corbin Carter in an article about the Trump administration's removal of the Equal Employment Opportunity Commission's AI bias guidance.
Mintz Advises Adlumin, Inc. in Acquisition by N-able
November 22, 2024
Mintz advised Adlumin, Inc., a provider of an enterprise-grade security operations platform, in its acquisition by N-able, Inc. (NYSE: NABL), a global software company helping IT services providers deliver security, remote monitoring and management, and data protection as-a-service solutions.
Twenty-seven Mintz Attorneys Recognized as 2024 New York Super Lawyers and Rising Stars
October 28, 2024
Mintz is pleased to announce that 15 attorneys have been named New York Metro Super Lawyers and 12 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2024.
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
Mintz Advises JMP Group in Sale to Citizens Financial Group
November 16, 2021
Mintz Advises NexImmune in its Upsized $126.5 Million IPO
February 17, 2021
Mintz Represents Seventh Generation, Inc. in Sale to Unilever
October 27, 2016
Mintz Represents Myriad Genetics in Acquisition of Assurex Health
September 08, 2016
Mintz Represents Time Inc. in Acquisition of Cozi Inc.
June 19, 2014
Events & Speaking
Second Annual Employment Law Summit
The Princeton Club 14 West 43rd Street, New York, New York
Recognition & Awards
Best Lawyers in America: Employment Law – Management, Litigation – Labor & Employment (2011 – 2021)
Included on the New York Super Lawyers: Employment & Labor List (2010 – 2024)