Joseph Penko advises public and private companies, private equity firms, executives and boards on executive compensation and employee benefits issues, with a particular emphasis on issues arising in the context of mergers, acquisitions, initial public offerings and other corporate matters.
Mr. Penko regularly advises companies, executive management teams and individual executives with the design, implementation and termination of compensation and benefit arrangements, including executive employment and severance agreements; consulting arrangements; retention, severance and change-in-control plans; cash and equity-based incentive programs; and nonqualified deferred compensation plans.
Mr. Penko also frequently advises clients regarding tax rules relating to deferred compensation, excise tax on excess parachute payments and limits on the deductibility of executive compensation.
He also advises on U.S. Securities and Exchange Commission rules governing executive compensation disclosure and corporate governance matters arising in the executive compensation context. Selected representative experience for Mr. Penko includes:
- Modular Space Holdings, Inc., the parent holding company of Modular Space Corporation, in its $1.1 billion acquisition by WillScot Corporation;
- Fortive Corporation on the combination of four operating companies from its automation and specialty platform with Altra Industrial Motion Corp. in a $3 billion transaction;
- Fortress Investment Group LLC in a variety of matters, including its $3.3 billion acquisition by SoftBank Group and the sale of Logan Circle Partners to MetLife Inc.;
- NXP Semiconductors N.V. (Netherlands) in its proposed but terminated $47 billion acquisition by Qualcomm Incorporated;
- WellDyne, Inc. in its sale of pharmacy benefit manager WellDyneRx, Inc. to The Carlyle Group;
- New Residential Investment Corp. in its $1.4 billion acquisition of Home Loan Servicing Solutions, Ltd. and its $212 million acquisition of Shellpoint Partners LLC;
- Colony Capital, LLC in its contribution to Colony Financial, Inc. of substantially all of Colony Capital’s real estate and investment management businesses and operations;
- Moelis & Company in its initial public offering;
- LL.M., New York University School of Law, 2007
- J.D., Brooklyn Law School, 2005
- B.A., Ohio State University, 2002
Admissions : New York
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