Topic
Clawbacks
154 published works
Compensation & Benefits Blog
SEC Announces Open Meeting on Proposed Clawback Requirements under Dodd-Frank Act
By Andrea Rattner, Joshua Miller
The Dodd-Frank Wall Street Reform and Consumer Protection Act became law on July 21, 2010, introducing a variety of executive compensation-related regulations, including with respect to shareholder say-on-pay voting and…
Corporate and Securities Law
SEC Meeting to Consider Compensation Clawback Proposal
Corporate & Financial Weekly Digest
Tenth Circuit Affirms Clawback From Unsuspecting Recipient of Funds Under Uniform Fraudulent Transfer Act
By Michael S. Gordon, Tenley Mochizuki
The US Court of Appeals for the Tenth Circuit recently upheld the grant of summary judgment for the receiver of a business that was alleged to have participated in a…
Restructuring Globalview
European Court of Justice Rules on Applicable Law in Cross-border Clawback Proceedings
By Squire Patton Boggs, Andreas Lehmann
On April 16, 2015, the European Court of Justice (“ECJ”) provided guidance on the interpretation of Article 13 of the EC Regulation on Insolvency Proceedings (the “Regulation”) in the case Lutz v…
Inside SALT
From Handshake to Ribbon Cutting: Lessons in Implementing Economic Development Incentives that Avoid Clawbacks
Once an incentive agreement is in place, it is time for the company to get to work building and staffing the new or expanded facility. While the economics of a…
Corporate & Financial Weekly Digest
Eleventh Circuit Affirms Arbitration Dismissal in Favor of Investor’s Estate in Clawback Suit
The receiver of hedge funds that were part of a $168 million Ponzi scheme was unable to vacate an arbitration award denying clawback claims brought against an investor’s estate. The…
Pensions and Benefits
Another bashing for the bankers: extension of the period of claw-back
Amongst its recently-announced proposed package of banking reforms, the UK Labour party has suggested that claw-back on bankers' bonuses should be extended to ten years from the date of payment. With…
Corporate Defense and Disputes
Second Circuit Affirms Dismissal of Madoff Trustee’s Six-Year Transfer and Preference Claims
By Gregg Mashberg, Richard Spinogatti, Sarah Gold
With several billions of dollars ultimately at stake, the Second Circuit has affirmed that Section 546(e) of the Bankruptcy Code, a safe-harbor protecting certain securities-related payments from bankruptcy “claw backs,”…
Corporate and Securities Law
CEO Hit With Sarb-Ox Clawback
Employee Benefits Blog
Clawbacks, Compliance and Incentive Compensation: A Supplemental Approach
By Andrew Liazos, Michael W. Peregrine
The following post comes to us from Michael W. Peregrine, Partner at McDermott Will & Emery, Andrew C. Liazos, head of McDermott’s executive compensation practice, and Timothy J. Cotter, Managing…