GES attorneys assist in the strategic design and implementation of global option repricing and exchange programs in light of U.S. tax and securities laws and GAAP accounting rules.  Attorneys of the GES group provide advice on the non-U.S. tax, securities laws, data privacy and labor laws risks of designing and implementing such programs.  Working directly with clients or through their U.S. securities counsel, GES attorneys prepare disclosures of the international legal risks as part of the U.S. SEC tender offer documents. 

 

In addition, GES attorneys assist companies with the compliance work necessary to ensure effective cancellation of options and regrant of options in exchange programs outside the U.S.  In particular GES attorneys have assisted companies in obtaining tax rulings in jurisdictions outside the U.S. that reduce the tax liability for employees and the local entity which would normally result from option repricing or exchanges.  We also have filed non-U.S. securities law exemptions on behalf of our clients to avoid registration requirements in connection with the offer to reprice or exchange options.