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Christopher M. Potash

Partner
  • Rochester and Buffalo
  • 585.231.1278
  •   •     •     •  

Christopher Potash is an employee benefits and executive compensation lawyer with broad-based experience in tax, corporate, securities, and other laws and regulations impacting executive compensation, as well as the New York Stock Exchange and NASDAQ rules and Sarbanes-Oxley. Christopher represents both public and private companies, from closely held businesses to Fortune 100 companies. As lead of the Firm’s Executive Compensation team, Chris’s experience includes:

  • Design, implementation and operation of executive compensation arrangements, including cash bonuses, incentive stock options, non-qualified stock options, stock appreciation rights, restricted stock units, phantom stock, and performance units.
  • Design, implementation, and operation of director compensation arrangements.
  • Design, implementation, and operation of deferred compensation arrangements and rabbi trusts, including compliance with Section 409A of the Internal Revenue Code.
  • Design of change-in-control agreements, severance agreements, parachute payments and golden handcuffs.
  • Ongoing advice regarding executive compensation arrangements, including corporate governance and reporting issues.
  • Implementing of and advice regarding the executive compensation limitations applicable to companies participating in the U.S. Treasury's TARP Capital Purchase Program.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, The National Association of Stock Plan Professionals
  • Member, American Bar Association
  • Former Board Member, Grantmakers Forum of New York
  • Former Board Member, Gilda's Club Rochester New York
  • Coordinator, United Way of Greater Rochester, 2005 and 2006 Campaigns

HONORS & AWARDS

  • Named as Best Lawyers® 2017 Tax Law “Lawyer of the Year” in Rochester, NY
  • Named as Best Lawyers® 2016 Employee Benefits (ERISA) Law “Lawyer of the Year” in Rochester, NY
  • Selected by his peers for inclusion in The Best Lawyers in America© in the field of Tax Law and Employee Benefits (ERISA) Law
  • Selected to the Upstate New York Super Lawyers list, 2007, 2012-2017
  • Martindale-Hubbell DistinguishedSM Peer Review Rated
  • Recipient, "Forty Under 40" Award, Rochester Business Journal, 2007

PUBLICATIONS

  • Author, "Will Incentive Compensation Rules Spread?," Rochester Business Journal, May 20, 2016
  • Board of Editors and Contributing Author, White New York Business Entities, Fourteenth Edition, LexisNexis, 2005
  • Co-Author, “Dividing a Closely Held Corporation when a Couple Divorces,” Estate Planning, February 1996

PRESENTATIONS

  • Presenter, “The Section 409A Minefield: Employment Agreements,” Harter Secrest & Emery’s Labor and Employment Law Conference, April 5, 2017

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. Tax Court

EDUCATION

  • Albany Law School, J.D., magna cum laude, 1993
  • University of Chicago Law School, 1992-1993
  • University of Rochester, B.A., Economics, magna cum laude, 1990
145
Christopher M. Potash
Partner
cpotash@hselaw.com
tel: 585.231.1278
fax: 585.232.2152

Christopher Potash is an employee benefits and executive compensation lawyer with broad-based experience in tax, corporate, securities, and other laws and regulations impacting executive compensation, as well as the New York Stock Exchange and NASDAQ rules and Sarbanes-Oxley. Christopher represents both public and private companies, from closely held businesses to Fortune 100 companies. As lead of the Firm’s Executive Compensation team, Chris’s experience includes:

  • Design, implementation and operation of executive compensation arrangements, including cash bonuses, incentive stock options, non-qualified stock options, stock appreciation rights, restricted stock units, phantom stock, and performance units.
  • Design, implementation, and operation of director compensation arrangements.
  • Design, implementation, and operation of deferred compensation arrangements and rabbi trusts, including compliance with Section 409A of the Internal Revenue Code.
  • Design of change-in-control agreements, severance agreements, parachute payments and golden handcuffs.
  • Ongoing advice regarding executive compensation arrangements, including corporate governance and reporting issues.
  • Implementing of and advice regarding the executive compensation limitations applicable to companies participating in the U.S. Treasury's TARP Capital Purchase Program.

Professional & Civic Affiliations

  • Member, The National Association of Stock Plan Professionals
  • Member, American Bar Association
  • Former Board Member, Grantmakers Forum of New York
  • Former Board Member, Gilda's Club Rochester New York
  • Coordinator, United Way of Greater Rochester, 2005 and 2006 Campaigns

Honors & Awards

  • Named as Best Lawyers® 2017 Tax Law “Lawyer of the Year” in Rochester, NY
  • Named as Best Lawyers® 2016 Employee Benefits (ERISA) Law “Lawyer of the Year” in Rochester, NY
  • Selected by his peers for inclusion in The Best Lawyers in America© in the field of Tax Law and Employee Benefits (ERISA) Law
  • Selected to the Upstate New York Super Lawyers list, 2007, 2012-2017
  • Martindale-Hubbell DistinguishedSM Peer Review Rated
  • Recipient, "Forty Under 40" Award, Rochester Business Journal, 2007

Publications

  • Author, "Will Incentive Compensation Rules Spread?," Rochester Business Journal, May 20, 2016
  • Board of Editors and Contributing Author, White New York Business Entities, Fourteenth Edition, LexisNexis, 2005
  • Co-Author, “Dividing a Closely Held Corporation when a Couple Divorces,” Estate Planning, February 1996

Presentations

  • Presenter, “The Section 409A Minefield: Employment Agreements,” Harter Secrest & Emery’s Labor and Employment Law Conference, April 5, 2017

Admissions

  • New York

Education

  • Albany Law School, J.D., magna cum laude, 1993
  • University of Chicago Law School, 1992-1993
  • University of Rochester, B.A., Economics, magna cum laude, 1990