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email-aldrich-open-points.eml
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From: Devon Archer <darcher@calderwoodharkness.com>
From: Devon Archer <darcher@calderwoodharkness.com> To: Cameron Whitfield <cwhitfield@whitfieldlaw.com> Cc: Julia Nazarian <jnazarian@whitfieldlaw.com> Date: Wed, 10 Jan 2024 02:15:00 -0000 Subject: Re: Aldrich Settlement Agreement — Remaining Open Points
Thanks for the call earlier today. I wanted to memorialize our discussion regarding the re
Thanks for the call earlier today. I wanted to memorialize our discussion regarding the remaining open points on the Aldrich Settlement Agreement so we can move toward finalizing the execution version.
I believe we resolved the three outstanding items as follows:
I believe we resolved the three outstanding items as follows:
We agreed to a 45% wage / 55% non-wage allocation, which splits the difference between you
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⚑ Commercial term
We agreed to a 45% wage / 55% non-wage allocation, which splits the difference between your proposed 40/60 and our proposed 50/50. Applied to the total settlement amount of $2,350,000, that breaks down as follows:
- Wages (subject to W-2 withholding): $1,057,500 (45%)
- Wages (subject to W-2 withholding): $1,057,500 (45%) - Non-wage damages and settlement consideration (1099-MISC): $1,292,500 (55%)
Nadia Petrov on our side is preparing a tax treatment memo detailing the rationale for thi
Nadia Petrov on our side is preparing a tax treatment memo detailing the rationale for this allocation, which we will include with the final package.
We agreed that the 10,200 accelerated RSUs (out of the 15,300 unvested at termination) wil
We agreed that the 10,200 accelerated RSUs (out of the 15,300 unvested at termination) will vest upon the later of: (a) execution of the Settlement Agreement by both parties, and (b) the filing of the Stipulation for Dismissal with Prejudice. I think this addresses both sides' concerns — Mr. Aldrich receives certainty that vesting is tied to execution, while AMA is assured that the dismissal has been filed before the
You confirmed that Mr. Aldrich does not have a pending workers' compensation claim. Based
You confirmed that Mr. Aldrich does not have a pending workers' compensation claim. Based on that representation, the general release will include a waiver of any unknown workers' compensation claims, subject to the limitations of Cal. Lab. Code § 3602.
If the foregoing accurately reflects our agreement on these points, we will prepare the fi
If the foregoing accurately reflects our agreement on these points, we will prepare the final execution version and circulate it no later than January 15. Please confirm by reply email at your convenience.
Devon Archer | Senior Associate
Devon Archer | Senior Associate Calderwood & Harkness LLP 777 South Flower Street, Suite 4200 | Los Angeles, CA 90017 T: (213) 555-7238 | darcher@calderwoodharkness.com