Compensation Litigation Expert Witness Testimony

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Expert Testimony for Compensation Disputes

Litigating difficult compensation matters is a refined science and art, full of nuances that can dramatically shift the outcome. We provide expert witness testimony that protects you in a range of compensation cases.

Expert witness testimony is crucial in compensation disputes. From pay equity to reasonable executive compensation, employee contracts, divorce proceedings, wrongful termination, and bankruptcy, we’ll provide detailed analysis and testimony to help you through a challenging time. 

Zayla’s compensation litigation experts wrote the book—literally—on reasonable compensation. We’ll bring your attorneys and litigants up to speed, and help you navigate the IRS and the court systems. You’ll enter litigation confident in our conclusions and your knowledge of the underpinnings of a complex issue.

How Our Compensation Expert Witnesses Can Help
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From creating reports to testifying in depositions and trials, we offer well-articulated rationale to support your company’s pay policies.  We’ve advised more than 400 public, private, and nonprofit organizations on reasonable compensation court cases. Not only are we certified in reasonable compensation by WorldatWork; we’re also faculty. We’ve developed the content and curriculum for WorldatWork’s certification program, and train new faculty on its implementation. Zayla’s experts have also co-authored three books, contributed to five books, and written more than 100 articles on compensation. In addition, we serve as board members for other companies, which gives invaluable perspective on this topic. Our methods have proven results. Find out more about what makes Zayla different.

Zayla's Approach to Compensation Litigation Expert Services

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Whether from a suit brought in a divorce or an IRS inquiry into nonprofit donations, we’ll help you and your attorneys through the court system. Our service is composed of three parts:

  1. developing an expert opinion based on analysis of facts and company policies
  2. generating reports
  3. providing witness testimony in court


We pay special attention to portions of the Internal Revenue Code, such as Section 162, that can cause dramatic shifts reasonable compensation outcomes. This helps you mitigate risks and contain costs.

Why We Offer Compensation Expert Witness Testimony

Compensation disputes are common, and may be brought by the IRS, a shareholder, or an individual. When you need informed support in the courtroom, Zayla is ready to help.
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Designing Compensation for CEOs and Executives

Our process is twofold, and begins with active listening, through in-depth interviews with your stakeholders, to develop a clear picture of where your company is and its long-range vision. We then identify the data that supports your organization’s goals and your best assets: your team.

With Zayla, you’ll always have a transparent fee structure, so there’s never any concern about hidden costs or hourly padding. Our independent, skilled experts will present their guidance in easy-to-understand reports, quickly identifying not just the pain points, but also the solutions to compensation and benefits, corporate governance, and pay-for-performance alignment issues.

We advise large public companies to small private companies and nonprofits to:

  • Conduct a deep analysis of peer company comparisons through proxy statements, 10-Ks, published survey data, or 990s to develop comprehensive executive compensation benchmark.
  • Conduct an independent, third-party assessment of executive compensation components such as base salary, annual incentive, long-term incentive, retirement compensation, and other prerequisites, as compared to the external market.
  • Develop a comprehensive compensation philosophy to guide total rewards decision making and programs. 
  • Develop short-term incentive plans to motivate executives to achieve company short-term goals and objectives. 
  • Develop long-term incentive plans to motivate executives to achieve company long-term goals and objectives
  • Conduct employment agreement analysis and design.
  • Conduct market competitive executive compensation for prior years services to determine plan effectiveness and reasonableness.
  • Provide pay for performance analysis to determine incentive plan effectiveness.
  • Analyze stock holding and ownership analysis against market practices and company ownership guidelines. 
  • Develop annual run rate, overhang, and shareholder value transfer analysis to model stock plan usage and requests for approval. 
  • Shareholder governance modeling to ensure compensation plans will satisfy institutional voters. 
  • Provide proactive shareholder outreach campaigns to gather important feedback regarding executive compensation and corporate governance programs. 
  • Provide reasonable executive compensation analysis for IRS Rebuttal, shareholder oppression, divorce disputes, wrongful termination, wrongful death or shareholder activist disputes.
  • Develop retirement plans that motivate executives to work to retirement and reward with tax efficient strategies.

Let us help you design a leading Executive Compensation program to motivate and retain your best talent!

Compensation Witness FAQ

Yes. We work closely with your attorneys on well-reasoned arguments that support your case.

We have deep expertise in compensation litigation, developed over 25 years of testifying in legal cases. We know what kind of information judges and juries are looking for, and provide confident conclusions on topics like reasonable compensation.

We’ve worked with more than 400 private and public companies, as well as nonprofits.

Over 25 years, we’ve advised hundreds of companies on some of the most complex compensation issues. Whether defending reasonable compensation practices in a classroom, boardroom, or courtroom, we are the go-to experts on corporate and individual compensation.