International Executive Compensation
2011.Mar Crossing the Pond in Search of Better Executive Compensation Practices (Poerio et al, Corp. Gov. Advisor)
2011.Feb The Executive Compensation Controversy: A Transatlantic Analysis (Cornell), starting with this intro:
2008 Global Handcuffs and Claw-Backs: Getting Tough With Cross-Border Loyalty Protections (Poerio et al.).
2003 U.S. Stock Plan Controls over Swiss Law re Forfeiture of Stock Options. The Ninth Circuit held in Oracle Corp. v. Falotti, 319 F.3d 1106, 29 EBC 2687 (9th Cir. 2003), cert. denied 124 S. Ct. 225, 31 EBC 2760 (2003 )that a compensation committee had properly concluded that a Swiss employee ceased to be employed for purposes of Oracle's stock option plan on the last day of performing services, even though a later termination date was required under Swiss law (which governed under the executive’s employment contract). The stock option plan included a California choice of law provision and granted discretion to the compensation committee to decide when an individual ceased to be employed. . If the executive had succeeded in establishing that his employment had terminated on the date provided under Swiss law, he would have vested in additional options.
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