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Denise M. Glagau

Partner
Baker & McKenzie LLP

Biography

Denise Glagau is the Managing Partner of Baker McKenzie's California offices in San Francisco, Palo Alto and Los Angeles and a member of the North America Employment and Compensation practice. Denise is a ranked practitioner by Chambers USA 2024 in the area of Employee Benefits & Executive Compensation, with clients commenting "Denise is an excellent partner and we can always count on her to provide deep insight" and "she understands our risk tolerance and provides alternative solutions to problems." She has authored several articles and frequently speaks on topics of interest for legal and other professionals dealing with share plan issues. Denise is a member of the National Association of Stock Plan Professionals (NASPP) and the Global Equity Organization (GEO).

Practice Focus

Denise advises public and private multinational companies on the tax and legal issues related to offering employee share plans and other incentive compensation programs in their home countries and on a global basis. She works with companies to design equity plans, draft award documentation, review and optimize tax implications, comply with securities registration, exchange control and other regulatory requirements, minimize labor law exposure, and address data privacy concerns and other compliance issues associated with offering employee equity and other incentive plans around the world. She also advises companies on the implications of corporate transactions on equity plans and awards, including assisting with tax rulings, regulatory filings and employee communications.

Representative Legal Matters

  • Advises numerous US and non-US public and private companies on their incentive compensation programs, including design of such programs, analysis of the tax and regulatory considerations for such programs, preparation of grant documents and employee communications and completion of tax and regulatory filings around the world.

  • Advises private companies on the global rollout of equity plans upon IPO, including design and review of plan documents and award agreements, preparation of tax summaries for employees, guidance on tax withholding and reporting obligations for the issuing company and the local employer and completion of securities and other regulatory filings.

  • Advises companies on the labor law and other considerations related to the discontinuation or reduction of equity programs in numerous countries, including analysis of risks related to such changes, preparation of employee communications and completion of any applicable governmental filings.

  • Advises public and private companies on the treatment of equity plans and awards in corporate transactions, including securities, tax, labor and other key issues that may dictate or otherwise impact the desired approach around the globe.

  • Advised several NYSE-listed companies on the equity award considerations in connection with the separation and spin-off of a business division into another NYSE-listed company and assisted with tax rulings and regulatory filings related to the spin-off.

  • Advised a NASDAQ-listed web services provider with the equity award aspects of the reorganization and sale of its operating business to an NYSE-listed company.

  • Advised a NYSE-listed company on the tax and legal implications of the conversion of equity awards to cash awards in its acquisition by a LSE-listed company, assisted with obtaining tax rulings to confirm the tax-free treatment in certain countries and advised on strategies for dealing with tax obligations arising upon the conversion in certain countries.

  • Advised several US private companies on the tax and regulatory issues related to share repurchase programs and third party tender offers for employee shareholders, including advising on the issues for such programs in over 50 countries.

  • Advised an ASX-listed company on the regulatory issues related to rolling out a share program in place of a cash program in 35+ countries.

  • Advised several companies on the international considerations when implementing a leave of absence policy for equity awards.

  • Advised several companies on the equity award implications of reincorporation (from Cayman Islands to Ireland; from Delaware to UK; from California to Delaware).

Professional Honors

  • Ranked Practitioner, Chambers USA 2024, California: San Francisco, Silicon Valley & Surrounds, Employee Benefits & Executive Compensation

Professional Associations and Memberships

  • National Association of Stock Plan Professionals
  • Global Equity Organization

Admissions

  • California~United States (2002)

Education

  • Dalhousie University (LLB) (1997)
  • McGill University, Montreal (BA History) (1993)

Languages

  • English

Publications

The Compensation Connection

Co-author, "To Designate or Not to Designate: Considerations for Beneficiary Designations in Equity Plans / Agreements," Baker McKenzie, July 2024

Author, "Global Equity Awards Best Practices Checklist," Baker McKenzie, May 2024

Co-author, "10 Best Practices for Granting Global Equity Awards," Baker McKenzie, May 2024

Co-author, "Cash Awards Offered as Part of a Global Long-Term Incentive Program: Legal and Tax Considerations," Lexis Nexis Practical Guidance Practice Note, March 2023

Author, “When Is Translation Required for Award Documents?,” NASPP Blog, August 2022

Author, "Equity Awards and the Alternative Workforce," Baker McKenzie, October 2019