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The SOX 'Clawback' Provision
Big bonus payouts at troubled financial institutions in the midst of the recent financial crisis have pushed executive compensation issues into the public spotlight. The stimulus bills passed in late 2008 and early 2009 each contained a package of executive compensation restrictions for institutions taking government TARP funds. The SEC, motivated by the belief that pay practices contributed to the crisis, has proposed rules requiring all public companies to disclose how their compensation arrangements align with their risk management objectives. A plethora of bills currently pending in Congress ' following up on policy initiatives advanced by the Obama administration in June ' would impose new independence requirements on compensation committees and their advisors, and require all public companies to offer their shareholders a non-binding vote on their executive compensation programs.
Section 304
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.