We assist in the strategic design and implementation of global option repricing and exchange programs in light of US tax and securities laws and GAAP accounting rules. Our GES lawyers advise on non-US tax, securities laws, data privacy and labor laws risks of designing and implementing such programs. Working directly with clients or through their US securities counsel, we prepare disclosures of international legal risks as part of the US SEC tender offer documents.
In addition, we assist companies with the compliance work necessary to ensure effective cancellation of options and regrant of options in exchange programs outside the US. In particular, we have assisted companies in obtaining tax rulings in jurisdictions outside the US that reduce the tax liability for employees and the local entity which would normally result from option repricing or exchanges. We have also filed non-US securities law exemptions on behalf of clients to avoid registration requirements in connection with the offer to reprice or exchange options.