With over two decades of Silicon Valley startup experience, Washington, D.C. based business attorney Wendy L. Moore counsels on executive compensation, including equity compensation, employment benefits and corporate governance. She advises public and emerging growth companies and their investors on the securities, tax, corporate, employment and stock exchange requirements for cash and equity compensation, and, most recently, on cryptocurrency and tokens used as compensation. Transactional counsel on executive compensation and employee benefits, particularly in M&A deals, is a major practice focus. Her technology-centered industry experience includes blockchain/distributed ledger technology, fintech, biotech, health tech, medical devices, cybersecurity, IoT, data analytics and SaaS.
Wendy works with entrepreneurs who are bringing disruptive technologies to our lives, helping them create stock option and RSU programs, token bonus and token unit programs, liquidity tender offers and carve out bonus plans. Wendy is pioneering solutions on founder and token-based compensation in conjunction with our Blockchain & Digital Currency industry group teams and our Emerging Companies & Venture Capital practice teams, helping to advise clients on the launch of commercial platforms powered by blockchain tokens and the initial coin offerings (ICOs) process. Her recent counsel includes addressing the securities and tax implications for founder token allocations, IRAs purchasing tokens, and broad-based token bonus programs. Wendy has also been working closely with leading accounting, tax, valuation and compensation consulting firms to structure efficient compensation in the realm of virtual currencies, coins and tokens.
In addition to her valuable contributions to M&A, IPO and ICO deal teams, Wendy provides extensive counseling on compensation and benefits. She helps companies develop employment, equity, bonus, deferred compensation, severance, retention and change of control arrangements; plan and execute initial equity compensation strategies; and negotiate agreements for executives and employers that are aligned with company growth stages. She is particularly skilled in areas involving U.S. Tax Code sections 409A, 83, 280G and 162(m) and securities issues involving Rule 701, Reg S-K and the tender offer rules.
Wendy works regularly with boards, executives and management as well as clients’ auditors and compensation consultants. In addition to her counsel on various plans, she is actively involved in the issuer's annual compensation calendar, including issue spotting on plan design changes, drafting CD&As and proxy proposals, and supporting shareholder outreach campaigns. Wendy also provides board/management education on legal changes, and works to minimize the risk of compensation-based litigation.
Ranked by Chambers USA, Wendy is an active member of the National Association of Stock Plan Professionals and the American Bar Association, and she presents at national conferences on emerging issues in executive compensation and related concerns. In addition, Wendy is a member of the Coronavirus Client Service Team, advising clients on issues relating to the CARES Act, particularly with respect to the compensation and HR restrictions under the PPP and Main Street loan programs.