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Joshua A. Agen

Of Counsel

Joshua A. Agen

Of Counsel

Joshua A. Agen is of counsel and a business lawyer with a focus on assisting public and private companies in the areas of executive compensation, employee benefits, corporate transactions, corporate governance, and securities law compliance. He is a member of the firm’s Employee Benefits & Executive Compensation Practice.

Joshua has experience serving as in-house counsel at a publicly traded transportation company with responsibility for securities law compliance, executive compensation, and corporate governance.

Previously, he served as a law clerk for the Hon. Steven M. Colloton, United States Court of Appeals for the Eighth Circuit.

September 22, 2025 Foley Viewpoints

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Public Company Compensation Considerations

When an executive or other senior-level employee terminates employment, employers must address the tax, equity, and benefits issues that...
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January 15, 2025 Legal News: Employee Benefits Insights

Does Your Company Discourage Employees from Being Whistleblowers? The SEC May Think So!

The Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in response to the 2008 financial crisis, added protections for whistleblower activity to the Securities Exchange Act of 1934.
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December 18, 2024 Foley Viewpoints

Unlocking the Power of Equity-Based Incentive Compensation: Special Considerations for Publicly-Traded Companies

This article is the seventh and final in our series on equity-based compensation. It will provide an overview of special considerations for publicly-traded companies when granting equity awards, including the impact of proxy advisory firms on plan design, grant timing considerations, compliance with Section 16 of the Securities Exchange Act of 1934 (Section 16), and Securities and Exchange Commission (SEC) registration requirements.
A tablet, pen, and notepad rest on papers displaying financial charts and graphs, essential tools for law offices and litigation support.
November 21, 2024 Foley Viewpoints

Unlocking the Power of Equity-Based Incentive Compensation: Cash-Settled Equity Awards

This article is the sixth in our series on equity-based compensation intended to assist employers with answering a common question: What type of equity compensation award is best for our company and our employees?
Two lawyers in Chicago review and discuss printed bar and line graphs at a desk with documents, a notebook, and a smartphone, providing litigation support for intellectual property law cases.
July 25, 2024 Manufacturing Industry Advisor

Unlocking the Power of Equity-Based Incentive Compensation: Basics of Nonqualified Stock Options and Stock-Settled Stock Appreciation Rights for Employers in the Manufacturing Industry

The article focuses on privately-held manufacturing companies and does not address the additional or different securities law, accounting, and governance considerations that apply to publicly-traded companies.
A tablet, pen, and notepad rest on papers displaying financial charts and graphs, essential tools for law offices and litigation support.
July 17, 2024 Foley Viewpoints

Unlocking the Power of Equity-Based Incentive Compensation: Basics of Nonqualified Stock Options and Stock-Settled Stock Appreciation Rights

This article is the second in our series on equity-based compensation intended to assist employers with answering a common question: What type of equity compensation award is best for our company and our employees?