New Developments  as of 2016.10.09

2016.10.22  Monitoring Incentive Compensation: Either Create a Tail, or Chase Yours. Last week, the president of the New York Federal Reserve understandably warned banks to continually assess their incentive compensation structures. He said, “If the incentives are wrong and accountability is weak, we will get bad behavior and cultures.”  Use this link for discussion of why the best answer to providing the “right” incentives likely comes from greater use of performance-based deferred compensation.  

2016.09.12  Roadmap for Avoiding Director Compensation Litigation.  Law360 reports today that a Delaware Chancery Judge has approved the settlement of shareholder derivative litigation alleging Citrix paid excessive director compensation. Those who want to defuse the risk of similar litigation would be wise to consider the settlement requirements for survey data covering cash and equity compensation, an independent consultant, enhanced proxy statement disclosure, and shareholder-approved limits on director compensation.  Further info at Director Compensation Litigation​​

2016.08.26  SERP Claim Allowed under ERISA for Misrepresentation.  A former bank CEO may proceed with claims under ERISA for equitable relief aimed at reforming his release of SERP claims because . . .  see Non-qualified Plan Litigation.

2016.08.18  Tax Withholding under Equity Plans.  A new FAQ C-1 from the New York Stock Exchange clears the way for employers to respond to a FASB rule change by amending their equity award plans in order to allow for tax withholding up to . . . continued atAccounting for Stock Awards.


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