ExecutiveLoyalty.org

Notable Developments as of 2019.08.21


2019.08.14  Director Compensation Study - and Implications. Tucked within superb survey data about board service and pay practices, this Pearl Meyer's report makes an observation that should be a clarion call . . . continued at  Director Compensation Survey Data


2019.07.07  #MeTOO, CLAWBACKS AND EXECUTIVE COMPENSATION IN 2019. This 161-page PDF presents a substantively rich survey covering . . . continued atClawbacks.  

  • See also:  "Hitting Workplace Harassers Where It Hurts(National Law Journal, 12/30/2017, by Poerio et al) which addresses how employers who agree that bad acts should have bad consequences could revise their executive compensation structures to place more at risk. 


2019.05.23  Golf - Honorable Even in Severance.  The USGA recently announced the need to downsize its workforce. Not surprisingly, the USGA's approach has class. Its offer of sweetened severance to those who volunteer to retire builds on a smart employer strategy . . . continued at Two-Step RIFs.


2019.05.22  An Ounce of Litigation Prevention for Executive Benefits … and Severance: Lessons from an Employer’s Quagmire in New JerseyThere are three instructive takeaways from a recent case in which an employer failed in its effort to end the case before significant discovery and expense would result. Worse for the employer: the litigation arose after the executive had terminated employment, collected severance, and signed a general release of claims.  So what went wrong? See Severance Litigation.


2019.04.18  Rabbi Trusts: When to Ask? What to Get?  A recent Law360 headline brings rabbi trusts immediately to mind. It reads "Ex-Manufacturing Co. CEO Says He's Owed $4.4M in Benefits" (4/10/2019). See this webpage for a discussion of how a rabbi trust could have helped, and when the protections of a rabbi trust make sense for an executive to pursue. 


2019.04.16  ISS Report: Executive Compensation Trends 2019.  In its recent report, ISS presents significant survey data based on 2019 proxy statements by more than two-thirds of S&P 500 companies and approximately half of Russell 3000 companies. For instance, ISS reports that ... continued at Executive Compensation Surveys.


2019.01.22  Tax-exempt Orgs: Watch your 457(f) Plan!!!  If you have ever heard of golden parachutes, you likely think of change-in-control payments made by for-profit companies. Tax-exempt organizations had better pay attention to that term because they could trigger a 21% excise tax if . . . continued at  457(f) plans and Code Section 4960.

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Notable Updates in 2019:

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   Executive Compensation   Loyalty  Business Issues

   Forms of Pay / Equity Awards

   Governance

   Securities / Disclosure

   Survey Data

​   Tax  / ESOPs

   Tax-exempt Orgs

   Vesting and Forfeitures

   Restrictive Covenants  (state-by-state guide)

   Clawbacks

   Litigation by Executives  (ERISA litigation)

   Litigation against Disloyal Executives

   Shareholder Litigation  (vs corp directors)

   Accounting Rules

   Bankruptcy

   International

   M&A Transactions

   Pension Liabilities

​   ROBS


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