Attorney Mike Melbinger, author of the Executive Compensation Blog, says he is officially putting away his crystal ball when it comes to predicting (or second guessing) the timing of actions by the Securities and Exchange Commission. Nevertheless, he does point out that select issues are on the SEC’s radar, including specific executive compensation issues, such as the recovery of erroneously awarded compensation.
The following article, originally published on the Executive Compensation Blog by Attorney Michael S. Melbinger, is republished here with permission. Compensation Clawback Attempts Lead to Unintended Consequences Just back from another excellent CompensationStandards.com/NASPP* Annual Conference. Among the many new and interesting topics explored was an issue related to compensation clawbacks, which recently has been thrust into prominence. The …
We are always pleased to share the insights of Attorney Michael Melbinger, Winston & Strawn LLP. The following commentary was published on June 20, 2019, on the Executive Compensation Blog and is highly informative but does not constitute legal advice. The executive benefits consulting professionals at Fulcrum Partners advise you to always consult your own tax, legal, and accounting advisers. …
SEC Approves Request for Vote Proposed by BoA Shareholder At Fulcrum Partners LLC, we’ve long thought that the nonqualified deferred compensation platform is ideally suited for claw back arrangements. See how Bank of America is taking it to a new level. An article written by Deon Roberts and published by The Charlotte Observer (February-10-2016) provides updates and insights on a request …
Fulcrum Partners and the AALU have issued the following update regarding proposed SEC rules requiring member companies to clawback excess incentive-based compensation. While accepted theory often has recommended aligning executive compensation to a company’s financial performance, in light of the rules proposed by the Security and Exchange Commission, as well as other current market trends, companies may wish to reduce executive …
With Securities and Exchange Commission (SEC) proposed rule changes regarding compensation clawback policies potentially leading to Nasdaq, the NYSE, and other national securities exchanges and associations adopting listing standards applicable to listed companies, Fulcrum Partners recommends that listed companies plan for the review of existing incentive-based compensation arrangements and any other plans or agreements that are affected by incentive compensation, such as deferred compensation plans …
