Mike Frank, a partner in Morrison & Foerster’s Palo Alto office, heads the firm’s Compensation, Benefits & ERISA practice group. Mr. Frank focuses his practice in executive compensation and employee benefits, with particular expertise in the compensation and benefits aspects of transactions, including mergers and spin-offs.
Mr. Frank regularly advises companies regarding all aspects of their equity and cash-based incentive programs. Mr. Frank also advises clients on the design and implementation of non-qualified deferred compensation arrangements, including the evolving rules of Section 409A, and on the design and implementation of tax-qualified retirement plans.
He also advises both private and public companies on the structure of compensation and benefit arrangements in strategic transactions such as mergers, asset purchases and spin-off transactions. He has advised on hundreds of transactions. In the M&A context, he has managed the international human resources aspects of an acquisition with target employees in several countries.
He also advises the in-house human resources, legal, and stock administration groups of Fortune 500 companies on a variety of compensation and benefits issues; and advises numerous emerging growth companies on legal and "best practices" aspects of their equity-based incentive programs. In this regard, he assists companies with the crucial retention, employee relations and stockholder relations issues surrounding “underwater” equity, including “option exchange” programs.
Mr. Frank is recommended as a leading lawyer by Chambers USA and Legal 500 2011, and he is a Bay Area Super Lawyer.