Topic
Clawbacks
154 published works
Pensions and Benefits
Clawback: The Bank of England seeks to avoid first-mover disadvantage
The topic of clawback, and indeed malus, has been a bit of a strange animal to date. You know what it is when you see it, but trying to adequately…
Pensions and Benefits
Amending Clawback Policies Ahead of SEC Rulemaking – Are Companies Tackling the Issue?
By Abby Brown
Ahead of SEC Rulemaking under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the topic of amending clawback policies is a sensitive one for companies and boards. At…
Cleary M&A and Corporate Governance Watch
Cleary Gottlieb Guides Pharmaceutical Industry/Institutional Investor Working Group in Developing Principles for Clawback Policies
Cleary Gottlieb partners Alan L. Beller and Arthur H. Kohn recently guided a working group comprised of six major pharmaceutical companies and a coalition of 12 institutional investors in developing…
Labor Law Prof Blog
Recently Published Scholarship
Garrett R. Broshius, Deterrring Opportunism Through Clawbacks: Lessons for Executive Compensation from Minor League Baseball, 57 St. Louis U.L.J. 185 (2012).Jonathan L. Serafini, The Deception of Concepcion: Saving Unconscionability after…
The Faculty Lounge
Dewey & LeBoeuf and “Clawbacks”
News accounts of the hearing on the first-day motions in the Dewey & LeBoeuf bankruptcy reported that the secured lenders whose cash collateral the liquidating debtor-in-possess must use to wind…
Nonprofit Law Prof Blog
More on clawbacks
Now that the issue is on my radar, I keep running into it. A recent Philanthropy Journal article warns about the danger of clawbacks of charitable donations and includes practical…
Securities Law Prof Blog
SEC Seeks Clawback from Two Former ArthroCare Execs under SOX 304
The SEC sued two former executives at an Austin, Texas-based surgical products manufacturer to recover bonus compensation and stock sale profits they received during an accounting fraud at the company. The…
Compensation Committee Corner
Dodd-Frank Clawbacks: Implement Prior to Final Rules?
According to the SEC's Dodd-Frank rule-making schedule, proposed rules addressing clawbacks will be issued within the January-July 2012 time frame, and final rules will be adopted within the July-December 2012 time…
Corporate and Securities Law
Faultless Sarb-Ox Clawbacks for CEOs and CFOs – Delay Lets You Negotiate Down
Securities Law Prof Blog
Fried et al. on Clawbacks
Excess-Pay Clawbacks, by Jesse M. Fried, Harvard Law School, Harvard Law & Economics Submitter Harvard University - John M. Olin Center for Law, Economics, and Business, Nitzan Shilon, Harvard Law…