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May 2025 Executive Employment Law Newsletter

  • Writer: Robert Adelson
    Robert Adelson
  • May 15
  • 5 min read

I hope this email finds you and your family in good health.  We are now into May and after April showers, we are still seeing some showers and chilly days but also now seeing the flowers sprout and many more warm days, with ever later sunsets. Still too early for the beach, but great for biking, hiking, boating, golf, picnics and enjoying the out of doors.

 

This has also been a good time for Boston’ s professional sports scene.  Using the no. 4 pick in the NFL draft, the Patriots under new head coach Mike Vrabel appear to have drafted some quality players that hopefully in the next season will move them closer to a return to the  NFL playoffs and again contending for the Super Bowl.  And the Celtics our remaining winter sports team still playing, passed their first test vs. the Magic and gained some needed rest for their next round challenge with the NY Knicks.  I can’t remember that last time it was Boston vs NYC in the basketball playoffs – should be a dandy with Tatum, Brown and rest of our C’s hopefully prevailing and continuing on their road to a return to the NBA Finals and a shot at Banner #19.   And then finally, there are the recovering Boston Red Sox.  Despite recent bullpen collapses losses, the club remains over .500, with strong contributions by the four newcomers – 3B Bregman, 2B Campbell and pitchers Crochet and Buehler. The Sox schedule opened easy and hopefully the Crimson Hose can meet the challenge as the schedule gets harder in May and beyond.  “Keep your Sox on!” grinz


As for Newsletter items, this past week, on May 1, CEOWORLD magazine published my article for CEOs, C-level and senior executives, who have faced or may face an “Executive Bait & Switch.” That happens  where the executive is intensely recruited for critical company needs, the executive delivers on all or most of what the company seeks, and then, is promptly fired when no longer needed as much.  The article suggests the Unjust Enrichment claim with its powerful disgorgement remedy, as means for you to fight back against this pernicious employer practice, that, sadly, I see occurring all too against my C-level executive clients.


Newsletter Item #2, is also a recent item, primarily the text of a short oration I delivered on May 3, that featured a tale of, and tribute to, journalistic integrity as part of the 55th anniversary of my college paper, The Daily Free Press, the independent student newspaper at Boston University.  This newsletter also has links, in items #4 and #5, to two other earlier articles of mine, the first on the merits of RSUs vs stock options as a structure for executive equity, the second on negotiations over CMO – Chief Marketing Officer employment offers and contracts, both published in recent years by IVYEXEC, the career advancement website. There is also a special offer as item #6.  I hope some of these items might be of benefit… and my best wishes to all for the rest of May! 😊


1.       Using Unjust Enrichment Claim to Fight Back Executive Bait & Switch

Have you been a victim of, or do you fear you may become the victim of, an Executive Bait & Switch?  That is, were you, as a CEO or C-level executive, recruited hard because of the company’s special needs you could fulfill, with the bait for you to join, being important promises to you, most often equity or a profits share, only to be arbitrarily terminated after delivering all or most of what the new company wanted and well short of the promises made to you?  My article, published five days ago in CEOWORLD magazine, offers hope.  My article discusses the Unjust Enrichment claim and the highly potent disgorgement remedy to aid you to fight back against the employer, to attain all or most of (and potentially much more than)  what you were promised and was denied after to you, after you “delivered the goods” for the company.   Read the Article Here


2. DFP 55- Celebrating Independent Student Journalism  

“My story stems from an article I wrote as a FreeP assistant editor two years from the founding, in April 1972.  It was a story that almost killed the Daily Free Press in just our 2nd year of existence.” This was part of my 5-minute oration, three nights ago on May 3,  during the 55th anniversary reception for alums of my college newspaper, The Daily Free Press, the independent student newspaper at Boston University.  In this Newsletter post, I share the text of my oration, which was a tale of, and tribute to, Journalistic Integrity, plus further comments cut due to the evening’s speaking time constraint and other comments relevant to my role as a Board Member of the Massachusetts non-profit corporation that publishes this daily student newspaper. More Details Here


3.       Work with CEOs, C-Suite and Senior Executives, exclusively.

Robert Adelson is an attorney specialized in the representation of CEOs, C-level and senior executives. He no longer represents companies or employers.  Learn about Robert Adelson’s work with CEOs, C-level and senior executives to advise on and improve job offers, employment contracts, stock, RSUs, options, bonuses and other executive compensation matters, plus advice and aid on issues of wrongful termination, severance, exit terms, retention, change of control, other executive issues and more … More Details Here


4.         Merits of RSUs vs Stock Options in Your Compensation Package 

My article published in 2022, by the career advancement website Ivy Exec, describes how RSUs (Restricted Stock Units) differ from stock and options, how they are taxed differently, and important situations where  RSUs can offer significant financial advantages over stock options or restricted stock as executive equity compensation to CEOs, C-level and senior executives.   Read the Article Here


5.       Negotiating Your CMO Employment Agreement

If you have a new job offer or have or soon will receive a draft employment contract as a CMO or Chief Marketing Officer, my article published by the career advancement website Ivy Exec though dated (2021), remains relevant to  advise you on special terms, authority, reliance, equity, bonus structure, severance and other essential terms to negotiate. Read the Article Here


6.      5/2025 Offer:  Good until May 30th  

This value-packed offer, is as a way to get introduced to my law work: Executive Employee Equity Law Diagnostic – this offer is good for the next 3-plus weeks through 5/30/25.   More Details Here


It’s always a pleasure to get back in touch with you and other clients, friends, and colleagues.  I hope the links and information provided will be useful to you and that there will be an opportunity for me to work with you on legal matters in the near future. 


Let’s keep in touch! 


Best regards,

Rob

Robert Adelson



*Adelson & Associates, LLCExecutive Employment Attorney

101 Federal Street, 19th Floor

Boston, MA 02110

(617) 204-5601 Law Firm

(617) 204-5602 Direct

(617) 204-5604 Fax


Note on Adelson & Associates, LLC:* Robert A. Adelson is the Principal of Adelson & Associates, LLC.  For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law and referred legal work to associates of his, trusted and experienced colleagues, as a partner of Engel & Schultz, LLP.  In December 2019, the lead partners of the firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020.  In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new firm’s operations on January 1, 2020, with the new firm taking over, on that date and going forward, all current Robert Adelson clients, matters and operations, as well as all referral of legal work to associates of Robert Adelson.  Since 1/1/2020, the firm’s offices have been and remain at 101 Federal Street, 19th Floor, across the street from the pre-2020 offices at One Federal Street, 21st Floor, in Boston’s Financial District.

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