Partnership and LLC Equity Compensation


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

This presentation addresses fundamental considerations in structuring equity compensation for employees of businesses classified both as corporations and partnerships for federal income tax purposes. We will review various techniques used by corporations and partnerships to provide key employees the opportunity to become equity owners and the advantages and disadvantages associated with each approach.

The presentation will discuss qualified and nonqualified compensatory stock options, restricted stock, stock appreciation rights, restricted stock units, capital interests, profits interests, and other forms of performance-based compensation, as well as the impact of Section 83 on nonvested equity grants.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•  Whether ISOs or NQSOs are a better choice
•  Deciding when to exercise a stock option
•  The different types of equity compensation and key traps to avoid when designing an equity compensation program

Date / Time: August 4, 2021

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.

•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: August 4, 2021

Richard L. Lieberman | Dykema

Richard is a senior counsel in the Chicago office of Dykema and a member of the Firm’s Tax Practice Group and Dental Service Organizations Group. With more than 35 years of broad transactional and structuring experience, Mr. Lieberman concentrates his practice on the use of corporations, partnerships, and limited liability companies in domestic and cross-border acquisitions, restructurings, mergers and financing transactions.

He also advises Dykema’s clients on tax issues related to executive compensation arrangements, including designing and advising on the implementation of executive, equity, and deferred compensation programs.

Mr. Lieberman has substantial experience in the formation of joint ventures and acquisitions and dispositions of businesses and interests in joint ventures, including representing Dental Service Organizations in the design and implementation of tax-efficient structures and transactions. He also represents not-for-profit organizations in obtaining and retaining exemption from federal, state and local taxes, avoiding unrelated business income tax, and addressing private inurement and intermediate sanctions issues. He has long-represented both businesses and individuals before the Internal Revenue Service and state Departments of Revenue.

Richard is one of the senior Dykema attorneys leading the firm’s initiative in the Qualified Opportunity Zone space. He is experienced in the organization and implementation of Qualified Opportunity Funds and regularly designs investment vehicles intended to capture Qualified Opportunity Zone benefits for investors.

Mr. Lieberman has been recognized as a “Leading Individual” by the International Tax Review in its World Tax Edition, was formerly an adjunct professor at IIT/Chicago-Kent College of Law and is an Expert Author for the Employee Benefits & Executive Compensation series of Lexis Practice Advisor® as well as a participant on Law360’s Tax Authority Federal Advisory Board.

Scott R. Kocienski | Dykema

Scott is a member of the Taxation and Estates group in Dykema’s Bloomfield Hills office.

Mr. Kocienski is experienced in corporate, partnership, mergers, and acquisitions tax matters, entity structuring, fund formation, tax credit
planning, income tax planning, business succession, and estate planning.

Mr. Kocienski also has experience advising clients on multistate tax planning, audits, dispute resolution, appeals, and litigation.


Accreditation Policy

myLawCLE seeks accreditation for all programs in all states except, ME, VA, and WV. Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NM, NJ, NY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previously recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]


Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NM, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

I. Whether ISOs or NQSOs are a better choice | 2:00-2:20
II. Deciding when to exercise a stock option | 2:20-2:40
III. The different types of equity compensation and key traps to avoid when designing an equity compensation program | 2:40-3:00