Luna, Ernesto L.

Kimberly Wethly is a partner in the Tax Practice Group. She joined the firm in 1997.

Practice

Ms. Wethly has extensive experience in all aspects of executive compensation, including applicable tax, corporate securities and accounting issues. Ms. Wethly has represented both public and privately held companies' boards of directors and compensation committees and corporate executives. She advises the firm's corporate clients in connection with mergers and acquisitions, spin offs, formation, financings, restructurings and public offerings. Ms. Wethly's expertise encompasses equity compensation, nonqualified deferred compensation, incentive plans, and executive, retention, severance and change-in-control agreements.

Recent Highlights

• Advise financial institution in connection with Federal Reserve's horizontal review of large, complex banking organizations and ongoing compliance with Federal Reserve guidance on incentive compensation
• Provide ongoing advice to worldwide entertainment company on compensation arrangements and policies for executives, employees and talent
• Assist with numerous option repricings by public and privately held companies, including preparation of tender offer documents where required
• Consult with multiple companies undertaking initial public offerings to prepare appropriate company compensation programs and agreements
• Advise public and private companies on participation in IRS 409A documentary and operational corrections programs

Professional Activities

Ms. Wethly is a member of the American Bar Association, the Boston Bar Association and the National Association of Stock Plan Professionals.

Honors and Awards

• Commended by a client in the inaugural publication of the 2010 Best Law Firm rankings by U.S. News-Best Lawyers for Employee Benefits and ERISA law, who described her as "exceptionally talented in this area...able to explain ERISA and its impact on our company in a clear and concise manner...Ms. Wethly and her colleagues are practical, highly responsive, and very efficient."
• Selected by peers for inclusion in the 2011 and 2012 editions of The Best Lawyers in America in America in the area of tax law
• Named a "Massachusetts Super Lawyers' Rising Star" in the 2005, 2006, 2007 and 2011 issues of Boston Magazine
• Recognized as a leader in her field in the 2011, 2010 and 2007 editions of Chambers USA: America's Leading Lawyers for Business

Publications

Recent publications by Ms. Wethly include “Best Practices for Option Grants by VC-Backed Companies,” published as a WilmerHale Email Alert and later published in Bloomberg Law Reports, October 2009; "Structuring Stock Options and Severance Payments after Section 409A," published in Spring 2006 edition of the Venture Capital Review; and "Stock Option Pricing Issues for Private Companies: Our Recommendations in Light of Section 409A and Recent AICPA Guidance," published as a WilmerHale Email Alert.