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Formulating Executive Employment Agreements

ANDREA S. RATTNER

Proskauer Rose, LLP

Although the demise of the executive employment agreement has been advocated and debated by and among various constituencies, the executive employment agreement continues to be alive and well, especially with respect to CEOs. This does not mean, however, that these agreements continue to take the same form that they did in prior years. Over recent years, the increased focus on corporate governance and “best practices” has caused certain provisions in employment agreements to fall out of favor, whereas other new provisions have emerged as part of the present-day executive employment agreement.

This “new normal” for executive employment agreements has not resulted ...

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