Joseph M Penko

Practice Areas

Joe Penko advises public and private companies, private equity firms, real estate investment trusts (REITs), executives and boards on executive compensation and employee benefits matters, with a particular emphasis on issues arising in the context of mergers, acquisitions, initial public offerings and other corporate matters. He regularly counsels public and private companies, private equity firms, executive management teams and individual executives on 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. Mr. Penko is actively involved in Skadden’s training and recruiting programs and serves on the firm’s Summer Associate Committee.

Publications

Mr. Penko often speaks at seminars and conferences that focus on executive compensation issues and regularly publishes thought leadership, including an ongoing series of articles on Bloomberg Law that explore executive compensation considerations arising in M&A transactions; Skadden’s 2024 Compensation Committee Handbook; “FTC Ban on Noncompetes Now Slated To Take Effect on September 4” (Skadden Publication, May 8, 2024); “FTC’s Final Rule Banning Worker Noncompete Clauses: What It Means for Employers” (Skadden Publication, April 24, 2024); and “FTC Expected To Issue Final Rule Banning Many Noncompetes on April 23” (Skadden Publication, April 19, 2024).

Education