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James E. Earle  Partner
Charlotte  +1.704.331.7530
Fax +1.704.353.3230
jim.earle@klgates.com Add to Outlook Contacts


Areas of Practice Representative Experience Professional/Civic Activities Speaking Engagements Bar Admissions Education Achievements

Areas of Practice

Mr. Earle is a partner in the Charlotte office.  A significant portion of Mr. Earle's practice involves counseling publicly traded companies and other complex employers on matters related to executive compensation. Clients include financial services companies, hedge funds, large national retailers, manufacturers and service-companies with global operations.

Mr. Earle's executive compensation practice focuses on counseling clients regarding all aspects of the employment, compensation, benefits and severance of directors, executive officers and other senior managers.   Mr. Earle has significant substantive experience with all forms of executive compensation and benefit plans, including the design and administration of stock plans, incentive plans, SERPs, nonqualified deferred compensation arrangements and perquisites (including executive aircraft). Mr. Earle helps clients to understand and comply with tax, securities, labor/employment, governance and other legal issues associated with these arrangements. Mr. Earle has been especially focused on the rapidly changing executive compensation issues emerging out of the global economic crisis of 2008/2009.

Mr. Earle also has a general employee benefits practice in which he assists clients with the design and administration of broadly-available employee benefit programs, including welfare benefit plans and tax-qualified retirement plans, such as 401(k) plans and defined benefit plans.

Representative Experience
  • Redesign of a public company's management stock plan, including obtaining favorable recommendations from proxy advisory firms (especially RiskMetrics) and preparation of related shareholder proxy materials.
  • Preparation of executive compensation disclosures in annual proxy statements for several public companies, including drafting of Compensation Discussion & Analysis. 
  • Implementation of a deferred compensation program for a public company's key executives, including program design and documentation, negotiation of recordkeeping services agreement, and preparation of "rabbi" trust.  
  • Assist public company with benefits issues in all of its significant acquisitions, including retention of key executives and transition of benefit programs.
  • Assist hedge fund manager in complying with new deferred compensation laws, including IRC §409A and §457A.
  • Assist client in negotiation of a closing agreement with the Internal Revenue Service regarding audit of the client’s 401(k) and cash balance plans.

Professional/Civic Activities
  • Charlotte Benefits Forum (Member 2002-present)   
  • National Association of Stock Plan Professionals (Member 2002-present; Carolinas Chapter, Member 2002-present; Board Member 2003-present; President 2005-2007)

Speaking Engagements
  • “De-mystifying the new bank bailout executive compensation limits -- what it means for all of us,” NASPP Carolinas Chapter Meeting, April 2009
  • “Aesop’s Stock Option Fables: A Litigation Update,” The Source 2008 Conference, June 2008
  • "Executive Departures, Proxy and You,” NASPP Carolinas Chapter Meeting, April 2008
  • “Getting Ready for the 2008 Proxy Season,” NASPP Carolinas Chapter Meeting, November 2007
  • “409A Update,” NASPP Carolinas Chapter Meeting, November 2006    

Bar Admissions
  • Bar of North Carolina
Education
  • J.D., Stanford Law School (1991) (with distinction)
  • B.A., Davidson College (1988) (magna cum laude, Valedictorian; Phi Beta Kappa; Omicron Delta Kappa)
Achievements
  • Best Lawyers in America, Employee Benefits Law, 2008-2009


PRACTICES & INDUSTRIES
Aviation Industry
Corporate
Employee Benefits
Executive Compensation
Mergers & Acquisitions
Securities
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