Amber Busuttil Mullen is Special Counsel, Executive Compensation and Employee Benefits, in the Tax Department.
Amber’s practice focuses on executive compensation, benefits and other employee-related matters in the context of both corporate transactions and ongoing advice and counseling. Her clients include private equity and other investor funds and their portfolio companies, public and private companies, compensation committees, boards of directors, management teams and executives in numerous sectors including technology, entertainment, fitness, retail, manufacturing, financial services, oil and gas and non-profit.
With a background in both law and business, Amber addresses her clients’ needs with a practical and business-minded perspective.
Amber has broad transactional experience with mergers and acquisitions, leveraged and management buyouts and other take-private transactions, partnership investments and equity and debt offerings, including IPOs. She advises buyers, sellers and investors on legal issues as well as practical considerations such as employee retention, integration and corporate governance. She also counsels management teams on structuring equity ownership positions.
Recent transactional representations include:
an affiliate of Ares Management in its $1.6 billion take-private acquisition of 99¢ Only Stores
an affiliate of Ares Management in its $975 million acquisition of Smart & Final from Apollo
Zumba Fitness in the sale of a minority interest to private equity firms The Raine Group and Insight Venture Partners
Hale and Hearty Soups in the sale of a majority interest to private equity firm Tripointe Capital Partners
Copal Partners, one of the world’s leading providers of outsourced research and analytical services, in its cross border acquisition by Moody’s Corporation
On the counseling side of her practice, Amber advises on the full spectrum of issues affecting companies and their executives and employees, from tax, securities, contract, corporate governance, stock exchange and ERISA requirements to federal and state laws affecting wages, hiring, firing and non-competes. She regularly provides advice regarding all forms of stock compensation, partnership equity compensation, deferred compensation plans, employment, severance, retention and change-in-control agreements and other employee benefits and features, as well as market trends and best pay practices.
Amber also advises on executive compensation-related disclosures for publicly-traded companies, including proxy disclosures and advice on “say-on-pay” and other requirements under the Dodd-Frank Act, and on Sections 409A, 280G (the “golden parachute” rules) and 162(m) of the Internal Revenue Code.
Amber has spoken and written on employee benefits and executive compensation matters affecting both employers and employees.