Ep154 Negotiate like a CEO with Jotham Stein

Oct 12, 2022

Jotham Stein, an employment and corporate lawyer and author, shares sharp negotiating tactics for executives and founders. He discusses offer letter length, negotiable terms like severance and equity, commission payout timing, leverage in negotiations, single vs double-trigger protections, risky contract clauses, and when to bring in a lawyer. Practical, deal-focused guidance throughout.

Ask episode

AI Snips

Chapters

Books

Transcript

Episode notes

ADVICE

Get Commission And Bonus Terms Clearly Defined

If you earn commissions or bonuses, get the plan terms in writing and confirm timing of payment.
Stein explains state law differences can mean you must be employed on the payout date to get earned commissions.

INSIGHT

Short Offer Letters Can Be More Protective Than Long Contracts

Offer length doesn't matter; specific protective language does.
A two-page offer with the right clauses (e.g., full acceleration, long exercise window) can beat a 50-page agreement full of restrictive definitions.

INSIGHT

Most Contract Terms Are Negotiable Except Public Policy Limits

Almost everything in an employment deal is negotiable except terms void as against public policy.
Examples: non-competes are unenforceable in California; indemnity waivers may be void depending on jurisdiction.

Get the Snipd Podcast app to discover more snips from this episode

Get the app

Show Notes Jotham Stein

Jotham S. Stein is the principal of the Law Offices of Jotham S. Stein P.C. (www.jotham.com). Mr. Stein has more than twenty-five years of experience representing entrepreneurs, C-Suite executives, board members, venture capitalists, private equity principals, investment bankers as well as employees of companies of all types and sizes. Mr. Stein has negotiated numerous employment agreements, separation agreements, M & A agreements, change in control agreements, stock option agreements, restricted stock agreements, management carve out agreements, non-compete agreements, and much more.

Mr. Stein is also a litigator. He has represented individuals and corporate clients in state and federal courts and in multidistrict litigation, before state and federal agencies, and in arbitration, including before JAMS, the American Arbitration Association and FINRA. Mr. Stein has also served as part-time General Counsel of a high-technology Silicon Valley company.

Mr. Stein is a graduate of Stanford Law School and Princeton University. He is admitted to practice in California, Illinois, New York, Colorado and the District of Columbia as well as the United States Supreme Court, United States Courts of Appeals for the Seventh, Ninth and District of Columbia Circuits and several United States District Courts. He is also a member of multiple bar associations, including the American Bar Association.

Mr. Stein’s new book, Negotiate Like a CEO, is an engaging look at how top entrepreneurs and executives protect themselves and how you can too.

Mr. Stein is also the author of the professional guide for attorneys: Executive Employment Law: Protecting Executives, Entrepreneurs and Employees (first published by Oxford University Press, and now its ninth edition, published by Mathew Bender/LexisNexis).

We talk about

What is better, to get a two-page offer letter or a 50-page offer letter and why?

Should negotiations be done face-to-face or with the new world, is zoom, ok?

What are the areas of an employment contract that can be negotiated?

What are single action and double action triggers in a contract?

Connect with Jothem Stein

(3) Jotham S. Stein | LinkedIn jothamstein@jotham.com

joe@totalexpertinc.com

jotham.com

Negotiate Like a CEO – Negotiate Like a CEO, What Every CEO, Entrepreneur, Attorney Should Read! (negotiatelikeaceobook.com)