Topic
Clawbacks
154 published works
Litigation Finance Journal
Bankrupt Company’s Trustee Looks to Clawback $6.3MM from Quinn Emanuel, and $2MM from IMF Bentham
By John Freund
Bankrupt Company’s Trustee Looks to Clawback $6.3MM from Quinn Emanuel, and $2MM from IMF Bentham The bankruptcy trustee for the now-defunct aircraft parts manufacturer Super98, is looking to clawback payments made…
C-Suite Compensation Center
Stock Ownership Policies & Clawback Policies: Design Pointers
Compensation governance is a front-and-center topic with a continued focus on stock ownership and clawback policies (in part due to the voting guidelines of institutional investors, proxy advisory firms and…
Percipient
How Much Privilege Review is Required Under a Clawback Agreement?
By Chad Main
An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil Action 17-1434 (W.D. Pa.…
Percipient
How Much Privilege Review is Required Under a Clawback Agreement?
By Chad Main
An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil Action 17-1434 (W.D. Pa.…
MS Litigation Review & Commentary
Madison Timber: Receivers and Clawbacks
The winners in the Madison Timber ponzi scheme might not be winners for long. This Miss. Business Journal article by Jackson attorneys Win Gault and Spencer Ritchie discuss clawback actions…
In Solvency
The Safe Harbor Provision of the Bankruptcy Code Redefined
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back…
Compensation & Benefits Blog
Clawbacks: Recent Litigation Targeting Insurers and Pharmacy Benefit Managers
By Neal Schelberg, Randall Bunnell
While the term “co-pay” might suggest a sharing of costs between patients and their health plans, a recent study by the University of Southern California Schaeffer Center found that almost…
The Lien Zone
Customer’s Bankruptcy – Do I Really Have to Give Back What I Just Earned?
By Alex Barthet
If you’re in business long enough, you will inevitably become a creditor in a customer’s bankruptcy – a disappointing development made worse when you receive a demand asking for the return of a legitimate payment you recently received from that customer. You may…
Pensions and Benefits
Carillion and the “failure” of clawback
The collapse of Carillion has raised many issues relating to public procurement, the actions of the board and the role of the auditors. But a press release by the Institute…
San Antonio Employment Law Blog
Claw Back Provision Unreasonable
Among the provisions employed increasingly by employers is the "claw back" provision. Under the typical claw back provision, the employee agrees to a certain salary or wage. The employer then…