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What You Need to Know About the SEC's Final Clawback Rules

On October 26, 2022, the Securities and Exchange Commission (“SEC”) adopted final rules, first proposed by the SEC in 2015, requiring the recoupment of erroneously awarded incentive compensation received by current and former...more

New Delaware Supreme Court Ruling on Excess Director Compensation: A Return to Formula Plans?

On December 13, 2017, in Re Investors Bancorp, Inc. Stockholder Litigation ("Bancorp"), the Supreme Court of Delaware held that when stockholders have approved an equity incentive plan that gives the directors discretion to...more

Institutional Shareholder Voting Guidelines: How to Win a Proxy Fight Despite a "NO" Recommendation from ISS and/or Glass Lewis

There is no doubt that Institutional Shareholder Services ("ISS") and Glass Lewis, as advisors to institutional shareholders, have a significant impact on the level of shareholder support for a company's Say on Pay and...more

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