Brian Witkowski

Brian counsels clients on compensation and benefits matters, with a focus on executive compensation. His experience includes work for Fortune 500 companies, private equity funds, start-ups, management teams, and individual C-level executives.

In the executive compensation area, Brian advises employers and executives on employment, severance, equity incentive and change in control arrangements, and related tax considerations, including Code Section 409A compliance and Section 280G considerations. He also provides counseling in the employee benefits and employment areas, including ERISA advice in connection with acquisitions.

Brian has advised private equity funds and strategic acquirers on the compensation and benefits aspects of over 500 mergers, acquisitions, and divestitures across a variety of industries.

Concentrations

•Equity and equity-based compensation arrangements, including stock options, restricted stock, RSUs, profits interests, and phantom equity
•Employment, severance, retention, change in control, and separation agreements for C-level executives
•Compensation and benefits aspects of M&A transactions