Mounting a defence in foreign stock options disputes

Employee stock option plans (ESOPs) are by no means new. Growing numbers of companies have adopted equity incentives to attract talent and motivate employees. However, this comes with an ever-increasing amount of domestic and foreign ESOP disputes.

There are no marked differences between foreign and domestic ESOP disputes in terms of the legal relationships and their nature. However, approaches to defence can vary by jurisdiction.

This article discusses the key points in mounting a defence in a foreign ESOP dispute from the perspectives of procedural defence and substantive defence.