News & Analysis as of

Incentive Compensation Equity Compensation

Goodwin

Stretching and Flexing - Part Two: Keeping the Management Team Incentivised for the Longer Journey

Goodwin on

Parties facing these issues often propose a MIP reset to realign management’s interests with those of the original (and, if applicable, new) sponsor until the eventual full exit. MIP resets have long been used to rescue...more

Opportune LLP

Total Shareholder Return Plans: Accounting Implications & Valuation Assumptions

Opportune LLP on

In a competitive talent market, companies are reevaluating executive compensation packages to attract and retain top leadership. Compensation generally includes a base level of compensation combined with some form of...more

Latham & Watkins LLP

Management Incentive Plan Resets 4 Solutions for Sponsors

Latham & Watkins LLP on

Buyout firms have recently used a range of reset tools to incentivise management, requiring careful navigation of legal, tax, and regulatory issues. As buyout firms navigate current pressures on portfolio company...more

Trusaic

[Webinar] Equity of Equity: Navigating Pay Equity in Long-Term Incentives - January 23rd, 11:00 am - 12:00 pm PST

Trusaic on

Join our upcoming webinar featuring renowned experts Gail Greenfield, EVP of Pay Equity & Total Rewards at Trusaic, and Bill O’Connor, Partner for Aon's compensation consulting practice. In today's dynamic work...more

WilmerHale

“Computed Without Regard to Taxes Paid”: The Individual Tax Consequences of Compensation Clawbacks

WilmerHale on

Compensation clawbacks can raise difficult, and often adverse, tax issues for employees and other service providers. Specifically, for clawbacks that are effected on a gross (pretax) basis, questions arise as to how the...more

WilmerHale

Repricing Options: What Every Private Company Needs to Know

WilmerHale on

Stock options are typically a critical component of a private company’s ability to recruit, incentivize and retain key talent. Particularly for early-stage companies, rewarding equity packages can help make up for the gap...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Using Equity Incentives to Attract and Retain Key Team Members

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by his colleague, Nona Massengill, a partner who focuses her practice on executive compensation matters. Nona shares insight on how...more

Latham & Watkins LLP

Worker Windfalls Bring Benefits for PE

Latham & Watkins LLP on

Sponsors are likely to explore share-based schemes and other plans to incentivise non-managerial staff. Incentivising management with sweet equity and co-investment opportunities is a tried and tested strategy for buyout...more

Holland & Hart - The Benefits Dial

The Music of the Night . . . Phantom Plans for Early Stage Companies

Early stage companies that are strapped for cash often turn to long-term incentive compensation plans to attract and retain key employees and service providers. Many of these companies opt to put in place arrangements that...more

Farrell Fritz, P.C.

Compensating Management With Equity In the Post-COVID World

Farrell Fritz, P.C. on

Business is back . . . Sort of- As the country begins its hoped-for recovery from the disruptive economic effects of the COVID-19 virus – or, more accurately, from the measures implemented by government to contain the...more

Tucker Arensberg, P.C.

Assessing Risks Under Tech Start-Up Stock Incentive Plans – When Time Doesn’t Cure All!

Depending on a tech start-up company’s initial financial condition, many tech start-ups are sometimes not able to pay market rates for talented engineers or computer programmers. Most tech start-up companies usually establish...more

Bracewell LLP

Compensation Newsletter: Trends In Director Equity Compensation This Proxy Season

Bracewell LLP on

The trend of including director-specific limits on the size of annual equity awards to non-employee directors under long-term incentive plans (“LTIPs”) continues to pick up steam, as evidenced by our survey of LTIPs filed...more

Opportune LLP

Total Shareholder Return Plans: Accounting Implications & Valuation Assumptions

Opportune LLP on

The use of total shareholder return (“TSR”) plans as a form of performance-based compensation continues to grow in popularity as energy companies look for more efficient ways to match executive pay with performance....more

Stinson - Corporate & Securities Law Blog

Director Discretionary Compensation Awards Tested by Entire Fairness Standard According to Delaware Supreme Court

The Delaware Supreme Court found in In re Investors Bancorp Stockholders Litigation that director equity grants based on director discretion are subject to an entire fairness standard of review. ...more

Snell & Wilmer

2017 End of Year Plan Sponsor “To Do” List (Part 3) Executive Compensation

Snell & Wilmer on

As 2017 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more

Mintz - Employment Viewpoints

Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed under the more Lenient...

Earlier this month, in In re Investors Bancorp, Inc. Stockholders Litigation, the Delaware Court of Chancery reiterated its view that placing a meaningful limit on director equity awards to be granted under a stockholder...more

Snell & Wilmer

Consider Adding Separate Annual Sublimit on Director Equity Awards

Snell & Wilmer on

In response to the Delaware Chancery Court’s 2012 and 2015 decisions in Seinfeld v. Slager and Calma v. Templeton and Facebook’s 2016 settlement of Espinoza v. Zuckerberg, public companies that are adopting or amending...more

Cooley LLP

Blog: Delaware Chancery Court Applies Entire Fairness Standard Of Review To Director Compensation

Cooley LLP on

What is the judicial standard of review applicable to an award of compensation by directors to directors under an equity incentive compensation plan that has been approved by the shareholders? That was the question before...more

McCarter & English, LLP

A Key Reminder to Directors of Delaware Corporations When Granting Equity Awards under an Equity Incentive Plan

Corporate directors routinely make decisions regarding their own compensation. If challenged by stockholders, such decisions are generally reviewed by Delaware courts under the onerous "entire fairness" standard, which...more

Stinson - Corporate & Securities Law Blog

CEO Hit With Sarb-Ox Clawback

The former CEO of Saba Software, Inc. agreed to repay over $2.5 million in bonuses, other incentive-based or equity-based compensation, and stock sale profits pursuant to Section 304(a) of the Sarbanes-Oxley Act. The action...more

McDermott Will & Emery

Proposed Ban on Non-Competes in Massachusetts

Proposed legislation introduced by Governor Patrick to eliminate most forms of non-competition agreement in Massachusetts may be enacted before July 31, 2014. This legislation creates significant risks for employers with...more

Foley & Lardner LLP

Prepare to Attract Rock Stars from Day One: A Framework for Considering Equity Compensation in the C-Suite

Foley & Lardner LLP on

As your company grows, you may reach a point when you want to bring in big talent, whether it be a new CFO, Director of Marketing, or someone to take your brand into a new space. Many of these so-called “rock stars” may be...more

Dorsey & Whitney LLP

Survey of Current Benefits Issues

Dorsey & Whitney LLP on

In This Presentation: - Affordable Care Act - Affordable Care Act: Fees and Taxes 2015 – Employer Shared Responsibility Fee - Forms for Reporting Fees - Retirement Plan Errors - Overview - Retirement Plan...more

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