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Why More Companies Are Linking CEO Pay To ESG

McDermott Will & Emery Employee Benefits

An important new governance survey suggests an increasing willingness to consider linking a company’s ESG performance measures to executive incentive compensation. But implementing such measures may present boards and their compensation committees with practical implementation challenges.

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Back to Basics – Employee Incentive Plans

Shareforce

STIs are granted to employees to achieve short-term business goals within an annual, quarterly, or monthly period, usually resulting in a cash payout based on goals achieved within a year or less.In terms of financial reporting, cash-settled STIs fall within the rules of IAS 19 Employee Benefits under IFRS or ASC 715 under the rules of GAAP.

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Long Time Coming: SEC Adopts Final Dodd-Frank Clawback Rules

Proskauer's Employee Benefits & Executive Compensa

The Final Rules task national securities exchanges (“exchanges”) with adopting formal listing standards that, in turn, require publicly listed companies to establish compensation clawback policies that meet the standards prescribed in the Final Rules.

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“Clawback Comeback”: DOJ’s New Focus on Clawbacks to Prevent Corporate Crime

Proskauer's Employee Benefits & Executive Compensa

The difficult issue is determining the reason for clawing back compensation (i.e., was it the result of “fault” or criminal conduct or an accounting mistake) and determining the executive’s “culpability” in securing unjustified compensation.

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Option Grant Practices: A Trap for the Unwary – Spring-Loading and Bullet-Dodging

Proskauer's Employee Benefits & Executive Compensa

A potentially overlooked but important issue that public companies should have in mind when granting option or option-like awards is avoiding the unintentional appearance of “spring-loading” and “bullet-dodging,” both of which have been a recent focus of the SEC and shareholders and viewed as potentially poor corporate governance practices.

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Tax Court Decision Interprets Profits Interest “Safe Harbor” under IRS Rev. Proc. 93-27

Proskauer's Employee Benefits & Executive Compensa

The Tax Court’s May 3, 2023, decision in ES NPA Holding, LLC v. Commissioner (T.C.

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