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 2011-2017 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

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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.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

April 28, 2017

2017 Venture Capital Report

The 2017 Venture Capital Report offers an in-depth US venture capital market review and outlook, including industry and regional breakdowns, as well as a look at the following issues: steps startups should take now if they plan to secure a Series A round in 2017; common structures for management carve-out plans; best practices for private companies setting option exercise prices; the benefits of investing in qualified small business stock; and trends in venture capital financing terms, convertible debt terms and VC-backed company M&A deal terms.

February 14, 2017

WilmerHale Counsels Cynosure in $1.65B Acquisition by Hologic

The WilmerHale team on the transaction was led by Hal Leibowitz and Jason Kropp and included Andrew Bonnes, Kim Wethly, Leon Greenfield, Bruce Manheim, Steve Barrett, Laura Schneider, Amy Null, Julie Hogan Rodgers, Ciara Baker, Davis Sluis, Caroline Dotolo and Alex Civetta.

February 7, 2017

BTI Consulting Recognizes Three WilmerHale Partners as Client Service All-Stars

Partners Paul Architzel, Paul Eckert and Kimberly Wethly were named to BTI's Client Service All-Stars 2017 list.

September 22, 2016

WilmerHale Reps Eleven Biotherapeutics in Acquisition of Viventia Bio

The acquisition creates a NASDAQ-listed company focused on the development of novel therapies based upon antibody fragments genetically fused to cytotoxic proteins, or targeted protein therapeutics, as new treatments in areas of oncology with significant unmet need.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

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

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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

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