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The Corporate Counselor

February 2010

The SOX ‘Clawback’ Provision

SEC Enforcement Action Shines the Spotlight

By G. William Tysse

In the wake of this renewed interest in executive compensation issues, a recent SEC enforcement action involving Section 304 of the Sarbanes Oxley Act — also known as the compensation "clawback" provision — has generated a flurry of attention.

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