Executive Compensation and the New SEC Dodd-Frank Clawback Rules: Key Considerations
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide an in-depth analysis of the new SEC Dodd-Frank clawback rules and challenges stemming from the new rules. The panel will discuss key requirements under the final clawback rules; the impact on incentive-based compensation, reporting, and disclosure requirements; executives who are subject to the rules; exclusions; recovery periods; and other practical considerations and next steps for companies.
- Overview of clawback rule: Section 954 of Dodd-Frank
- Formulating and modifying a clawback policy
- Key areas of interest
- Executive officers
- Incentive-based compensation
- Three-year lookback
- Filing and reporting requirements
- Penalty for failure to comply and best practices for publicly traded companies
The panel will review these and other issues:
- Which officers and what types of compensation are subject to the new clawback rules?
- What time period is compensation potentially subject to a clawback?
- How to calculate the amount to be recovered?
- What are the filing and reporting requirements associated with the new rules?
- Special considerations under the NYSE and Nasdaq proposed listing standards
- Other related clawback considerations, including the DOJ’s focus on compensation clawbacks
Ms. Hart advises companies, executives and boards on complex executive compensation matters. She offers a... | Read More
Ms. Hart advises companies, executives and boards on complex executive compensation matters. She offers a multidisciplinary approach to compensation and benefits issues with a focus on tax planning, securities laws and corporate governance. Matters she handles include the negotiation, structuring and implementation of employment and change-in-control agreements and deferred compensation, equity and incentive compensation plans. Ms. Hart advises on golden parachute and deduction limitation rules, securities reporting, registration and disclosure requirements and California employment laws.Close
Ekaterina (Kate) Napalkova
Ms. Napalkova advises public and private companies, private investment funds, executives and boards on a broad range of... | Read More
Ms. Napalkova advises public and private companies, private investment funds, executives and boards on a broad range of compensation and employee benefits matters. Her practice includes the compensation and employee benefits aspects of mergers and acquisitions, reorganizations, spin-offs, initial public offerings, financings and other corporate transactions. Ms. Napalkova’s practice further focuses on advising clients across various industries on the negotiation, structuring and implementation of benefits and compensation plans and executive compensation arrangements; golden parachutes; securities reporting, registration and disclosure compliance; and corporate governance matters.Close
Andrea S. Rattner
Ms. Rattner counsels clients with respect to tax, securities, corporate governance, stock exchange, ERISA and other... | Read More
Ms. Rattner counsels clients with respect to tax, securities, corporate governance, stock exchange, ERISA and other issues affecting executive compensation. She regularly provides advice on equity arrangements, employment agreements, change-in-control agreements and other types of executive compensation, including incentive arrangements, SERPs, deferred compensation and 409A and 162(m) compliant plans.Close