People

Kimberly B. Wethly

Partner

Chair, Tax Practice Group

Wethly, Kimberly B.

Kimberly Wethly is a seasoned attorney who is recognized for her extensive experience in all aspects of executive compensation, including applicable tax, corporate securities and accounting issues. Ms. Wethly represents both public and privately held companies' boards of directors and compensation committees and corporate executives. She also advises the firm's corporate clients in connection with mergers and acquisitions, spinoffs, formation, financings, restructurings and public offerings. Ms. Wethly's proficiency encompasses equity compensation, nonqualified deferred compensation, incentive plans, and executive, retention, severance and change-in-control agreements.

Learn more about Ms. Wethly's practice and how she can support your startup on WilmerHaleLaunch.com.

Publications

Notable 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; "Structuring Stock Options and Severance Payments after Section 409A," published in 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.

Honors & Awards

  • Selected by peers for inclusion in the 2011-2018 editions of the Best Lawyers in America in the area of tax law
  • Named to BTI Consulting's Client Service All-Stars 2017 list for exhibiting exceptional client service
  • Recognized as a leader in her field in the 2007 and 2010-2017 editions of Chambers USA: America's Leading Lawyers for Business. A source commented that Ms. Wethly is "highly knowledgeable and adept at distilling technically challenging content into commercial and accessible advice."
  • Recommended in the 2016 and 2017 editions of The Legal 500 United States in the labor and employment: employee benefits and executive compensation as well as her Tax: US taxes non-contentious practice
  • 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."
  • Named a "Massachusetts Super Lawyers' Rising Star" in the 2005-2007 and 2011-2012 issues of Boston Magazine

Publications & News

View

April 11, 2018

WilmerHale Counsels Analogic in $1.1B Acquisition by an Affiliate of Altaris Capital Partners

On April 10, 2018, Analogic Corporation, a provider of leading-edge healthcare and security solutions, and Altaris Capital Partners, LLC, a leading private investment firm with expertise in Analogic's end markets, announced that they have entered into a merger agreement under which Analogic will be acquired by Altaris for approximately $1.1 billion on a fully diluted basis.

January 30, 2018

WilmerHale Reps Red Hat in Acquiring CoreOS for $250M

Red Hat, Inc., the world's leading provider of open source solutions, announced that it has signed a definitive agreement to acquire CoreOS, Inc., an innovator and leader in Kubernetes and container-native solutions, for a purchase price of $250 million, subject to certain adjustments at closing that are not expected to be material.

January 12, 2018

Tax Act: New Opportunity to Defer Income from Certain Private Company Equity Grants

The new Section 83(i) of the tax code, enacted as part of the Tax Act, allows certain private company employees to elect to defer, solely for income tax purposes and for a period of up to five years, the income attributable to stock received upon the exercise of compensatory options or the vesting of restricted stock units (RSUs) on or after January 1, 2018.

January 12, 2018

Tax Act: Deductibility of Executive Compensation After Tax Reform

Section 162(m) of the tax code generally disallows the deduction of compensation in excess of $1 million paid by a public company to a “covered employee” in any single taxable year. The Tax Act makes the following changes to Section 162(m):

January 12, 2018

Tax Cuts and Jobs Act Summary

On December 22, 2017, President Trump signed sweeping tax reform legislation (H.R. 1) into law. The new law, commonly known as the Tax Cuts and Jobs Act, makes significant changes to the Internal Revenue Code that will have an impact on individuals, pass-through businesses, corporations, tax-exempt organizations, executive compensation and international taxation.

January 11, 2018

WilmerHale Represents US Currency Paper Manufacturer Crane & Co., Inc. in $800 Million Sale

On December 5, 2017, Crane & Co., Inc., the manufacturer of currency paper for the US government since 1802, signed an agreement to be acquired by Crane Co. (NYSE: CR), a diversified manufacturer of highly engineered industrial products (and unrelated to the target company), for $800 million on a cash free and debt free basis.

January 3, 2018

WilmerHale Represents Viamet Pharmaceuticals in Acquisition by NovaQuest Capital Management

Viamet Pharmaceuticals (NC), Inc. today announced that it has entered into an agreement with NovaQuest Capital Management, L.L.C. for the acquisition of Viamet Pharmaceuticals, including the company's product candidate, VT-1161.

December 6, 2017

WilmerHale Represents Regal Entertainment Group in Signing of Definitive Agreement to Be Acquired by Cineworld Group PLC

Regal Entertainment Group announced that it has entered into a definitive merger agreement with Cineworld Group PLC for Cineworld, the UK's largest cinema operator.

August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

July 11, 2017

Staples, Inc. Enters Into Definitive Agreement to Be Acquired by Sycamore Partners for $10.25 per Share in Cash, or Approximately $6.9 Billion

Staples, Inc. and Sycamore Partners, a leading private equity firm, announced that they have entered into a merger agreement in which investment funds managed by Sycamore Partners will acquire Staples in a transaction that values Staples at an equity value of approximately $6.9 billion.

Recent Highlights

  • Consult with numerous companies undertaking initial public offerings to prepare appropriate company compensation programs and agreements, including post-IPO equity incentive plans and employee stock purchase plans
  • Assist with numerous option repricings by public and privately held companies, including preparation of tender offer documents where required 
  • Provide strategic advice to public and private companies undergoing M&A transactions in both the US and internationally, including compensation planning, equity awards, golden parachute analysis, retention programs, and general employee and executive severance issues
  • Advise public and private companies on participation in IRS 409A documentary and operational corrections programs
  • Provide ongoing advice to a worldwide entertainment company on compensation arrangements and policies for executives, employees and talent 
  • Advised a financial institution in connection with the Federal Reserve's horizontal review of large, complex banking organizations and ongoing compliance with Federal Reserve guidance on incentive compensation

Professional Activities

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

Practices

Skip Navigation Links.

Education

JD, magna cum laude, Boston College Law School, 1997

BA, Philosophy, magna cum laude, Boston College, 1993, Order of the Cross and the Crown

Bar Admissions

Massachusetts

Skip Navigation Links.