Comments on: 409A – Mythbusters http://www.feld.com/wp/archives/2005/12/409a-mythbusters.html Mon, 13 Feb 2012 21:06:34 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: myuggbootssale http://www.feld.com/wp/archives/2005/12/409a-mythbusters.html/comment-page-1#comment-18768 myuggbootssale Tue, 08 Dec 2009 02:24:19 +0000 http://www.feld.com/wp/?p=749#comment-18768 I recommend you go to online store, there have a lot of <a href="http://www.myuggbootssale.com/" target="_blank"><strong>ugg boots sale</strong></a>,If you want to buy a pair of cheap ugg boots uk.More and more people choose<a href="http://www.myuggbootssale.com/" target="_blank"><strong>ugg boots uk</strong></a>. So you know that ugg series of the most famous is the <a href="http://www.myuggbootssale.com/" target="_blank"><strong>ugg boots</strong></a>.<a href="http://www.superairjordan.com/" target="_blank">air jordan shoes</a>,<a href="http://www.superairjordan.com/" target="_blank">air jordans</a>,<a href="http://www.topsuggboots.com/" target="_blank">cheap ugg boots</a> I recommend you go to online store, there have a lot of ugg boots sale,If you want to buy a pair of cheap ugg boots uk.More and more people chooseugg boots uk. So you know that ugg series of the most famous is the ugg boots.air jordan shoes,air jordans,cheap ugg boots

]]> By: Brad Feld http://www.feld.com/wp/archives/2005/12/409a-mythbusters.html/comment-page-1#comment-1954 Brad Feld Fri, 30 Dec 2005 13:55:48 +0000 http://www.feld.com/wp/?p=749#comment-1954 I received - via email - a good comment from someone who wanted to remain anonymous concerning potential director liability from 409A. Following are the two points he brought up. 1. Tangential risk of liability from the IRS for improper withholding. 2. Risk of lawsuit from an employee who was granted an option at a discount. The claim would be (a) I was enticed to work for Newco because of the promised option grant, (b) I was told that my grant would be at FMV, (c) I was audited and the IRS says my grants was not at FMV, (d) the board set my exercise price and "knew or should have known" that the exercise price was less than FMV, (e) the board is liable to me for the additional taxes. #2 is a real stretch, but you can imagine that someone might bring a claim like this. I received – via email – a good comment from someone who wanted to remain anonymous concerning potential director liability from 409A. Following are the two points he brought up.

1. Tangential risk of liability from the IRS for improper withholding.

2. Risk of lawsuit from an employee who was granted an option at a discount. The claim would be (a) I was enticed to work for Newco because of the promised option grant, (b) I was told that my grant would be at FMV, (c) I was audited and the IRS says my grants was not at FMV, (d) the board set my exercise price and “knew or should have known” that the exercise price was less than FMV, (e) the board is liable to me for the additional taxes.

#2 is a real stretch, but you can imagine that someone might bring a claim like this.

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