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David E. Ullman

Director at Intellicheck
Board

About David E. Ullman

Independent director of Intellicheck (IDN) since January 2018; age 67. Seasoned retail executive and CFO with extensive strategic planning, growth, and M&A experience, notably nearly twenty years as EVP/CFO of Jos. A. Bank Clothiers until its 2014 sale to Men’s Wearhouse for $1.8B, and current COO/CFO and minority owner of Paul Fredrick Menstyle (private, DTC menswear). Recognized by the Board as an audit committee financial expert based on prior CFO roles.

Past Roles

OrganizationRoleTenureCommittees/Impact
Jos. A. Bank ClothiersEVP & CFONearly 20 years; ended with 2014 acquisitionInstrumental in strategic planning and growth; led M&A; more than a decade of sustained profitable growth; six-fold increase in sales
Hanover Direct (catalogue co.)Executive positionsNot disclosedRetail and operations experience
Arthur AndersenExecutive positionsNot disclosedFinance and accounting background

External Roles

OrganizationRoleTenureNotes
Paul Fredrick Menstyle (private)COO, CFO, minority owner2018–presentDesigner and DTC menswear; retail operating expertise

Board Governance

  • Independence: The Board determined Ullman is independent (Nasdaq 5605).
  • Committee assignments: Audit Committee Chair; Compensation Committee Member; not on Nominating & Corporate Governance.
  • Audit Committee financial expert: Ullman designated by Board as financial expert.
  • Attendance: Board met 4x in FY2024; each committee met 4x; all directors attended at least 75% of meetings; all directors attended last year’s annual meeting.
  • Board leadership: Chairman is independent (Guy L. Smith); CEO and Chair roles separated; independent directors meet in executive session at every board meeting.
  • Years of service: Director since 2018; current term to 2026 if re-elected.

Fixed Compensation

Component (2024)Amount ($)
Cash fees75,000
Stock awards (grant-date fair value)25,000
Total100,000
  • Director pay framework: Non-employee directors receive base annual fee of $100,000; Chairman receives $20,000 additional; half of the 2021 increase paid in common stock to align interests.
  • Non-employee director annual cap under 2025 Omnibus Plan: $200,000 total comp per fiscal year (cash+equity), increased to $400,000 in the year a director joins the Board.

Performance Compensation

FeatureDisclosure
Performance-based director equityPlan permits performance-based awards; directors’ awards may include performance goals.
Minimum vestingOne-year minimum vesting on awards, except for up to 5% of pool and specified accelerations.
Change-in-controlFor non-employee directors, all outstanding awards become fully exercisable and vested; performance goals deemed satisfied at target upon a change in control (as defined in Treas. Reg. 1.409A-3(i)(5)).
Repricing prohibitionOptions/SARs cannot be repriced without stockholder approval.
ClawbackAwards subject to Intellicheck’s Incentive-Based Compensation Recovery Policy adopted in Dec 2023; committee discretion on recovery.
Dividends on unvested awardsNo dividends/distributions until vesting and share issuance.

Other Directorships & Interlocks

CategoryStatus
Current public company boardsNone disclosed for Ullman.
Prior public company boardsNot disclosed.
Compensation committee interlocksNone; no member has been an officer/employee; no reciprocal board/comp committee relationships by IDN executives.

Expertise & Qualifications

  • Retail and e-commerce operations, strategic planning, growth, and M&A; long-tenured CFO experience in billion-dollar retailer; finance and accounting background (Arthur Andersen).
  • Audit committee financial expert designation by Board.

Equity Ownership

HolderShares Beneficially OwnedPercent of OutstandingNotes
David E. Ullman51,607* (less than 1%)Includes 6,239 options exercisable within 60 days; outstanding shares 19,816,043.
Shares pledged as collateralNot disclosed; Company states no arrangements known that may result in a change in control (including pledges).

Insider Trades

DateTransactionSecurityQuantityFiling Note
Mar 29, 2024RSU vestingCommon stock (RSUs)Not disclosed in proxyForm 4 inadvertently filed Apr 3, 2024 (late)

Governance Assessment

  • Strengths: Independent audit chair and designated financial expert; separation of Chair/CEO; standing executive sessions; solid meeting cadence/attendance; director pay partly in equity to align with stockholders.
  • Alignment: Owns 51,607 shares, including 6,239 near-term exercisable options; below 1% but consistent with small-cap director norms; director equity grants support alignment.
  • Policies: Robust insider trading and clawback policies; audit committee independence affirmed; pre-approval of auditor services.
  • RED FLAGS: Minor Section 16(a) compliance lapse (late Form 4 for March 2024 vesting); change-in-control full acceleration for directors may be viewed as investor-unfriendly (reduces at-risk performance linkage).
  • Conflicts/related party: No related party transactions or waivers disclosed for 2024; Corporate Governance Guidelines require recusal for personal interests.