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.
Executive Employment Agreements: 10 Key Issues to Get Right
Foley recently hosted a webinar examining 10 key issues companies should consider when drafting, negotiating, and reviewing executive employment agreements. While these agreements often begin with familiar concepts such as salary, bonus opportunities, and benefits, their provisions are highly interconnected and can have significant implications throughout an executive's tenure and beyond. A recurring theme throughout the discussion was that careful drafting at the outset can help companies preserve flexibility, avoid unintended obligations, and minimize disputes when business circumstances change.
Executive Employment Agreements: 10 Key Issues to Get Right
Executive employment agreements can play an important role in an organization’s compensation, retention, and leadership strategy. When well drafted, they align executive incentives with business goals, promote stability, and allow executives to focus on driving organizational success. However, poorly drafted or outdated agreements can create confusion, competitive disadvantages, disputes, and unnecessary distractions.
Severance as Deferred Compensation: What You Need to Know About Code Section 409A and Its Exemptions
Section 409A of the Internal Revenue Code (Section 409A) imposes strict rules governing the timing of deferred compensation payments, such as when and under what circumstances such payments can be made. It comes with significant penalties, imposing a 20% tax (and other adverse tax consequences) on non-compliant deferred compensation.
Is severance considered deferred compensation covered by Section 409A? The answer may be surprising.
ISS and Glass Lewis Executive Compensation Benchmark Policy Updates for the 2026 Proxy Season
Both Institutional Shareholder Services, Inc. (ISS) and Glass Lewis & Co., Inc. (Glass Lewis) recently released updates to their proxy...
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...
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.