Incentives

News & Analysis as of

Implementing Compliance Incentives In Your Company

Several readers have asked why I have not written anything about the Houston Astros this year. The answer is two-fold. The first is that I really do not care. However, the more I thought about it, the real reason is that they...more

Eastern Pompano Beach Is Open For Business

Eastern Pompano Beach has quickly positioned itself to become the next hot spot for development in South Florida. Investors are betting that recent public sector efforts will translate into a thriving community....more

Nevada Finalizing Electric Rate Incentives to Attract New Businesses

Nevada Power Company (“Nevada Power”) and Sierra Pacific Power Company (“Sierra”) are seeking final approval from the Public Utilities Commission of Nevada (“PUCN”) to offer an Economic Development Rate Rider (“Rate Rider”)...more

Muddy employee incentive issues in a disappointing exit: 9 practical tips for public company acquirers

In mediocre payout situations, transaction proceeds are unlikely to give a substantial (if any) return to common stockholders, yet may be sufficient to at least return the initial investment, and perhaps a liquidation...more

UK FCA Identifies Additional Improvements For Retail Banks’ Sales Incentive Schemes

On March 4, the UK FCA released the results of its most recent review of sales incentives at retail financial firms. The FCA’s review revealed that retail banks have made progress in changing their financial incentive...more

New Proposals to Tax Carried Interest as Ordinary Income Garner Bipartisan Support

On March 4, 2014, President Obama issued his Administration’s Fiscal Year 2015 Budget, which includes a proposal to tax carried interests (also known as “performance allocations” or “incentive allocations”) in investment...more

How Does The 20th Amendment Inform Your Compliance Program Incentives?

On this date in 1933, FDR held his first inauguration. It was also the final inauguration held in March before the passage of the 20th Amendment to the US Constitution that moved the inauguration date to January 20th. What...more

Clawback Policies–What to Do?

Clawbacks have been around for more than a decade. - Beginning in 2002, Sarbanes-Oxley required CEOs and CFOs to reimburse incentive or equity compensation received or profits from the sale of company securities during...more

Incentive Awards, Bounties, and Adequacy of Representation

A common feature of class action settlements, whether in employment actions or otherwise, is the payment of an incentive award to the named plaintiff. Such payments are frequently approved by courts, but have been criticized...more

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

START-UP NY: Creating Tax-Free Zones for High-Tech Startups in New York State

In an effort to attract startup companies and leverage the research capacity and workforces available in New York’s colleges and universities, New York State recently established tax-free zones for certain startup companies....more

Silicon Boricua – What if Silicon Valley Moved to Puerto Rico?

Overview - I have been writing over the last year on the benefits of Puerto Rican (PR”) residency. The tax benefits of Puerto Rican residency gained some attention and notoriety when hedge fund billionaire John Paulsen...more

Senate and House Committees Pass Legislation that Would Reform the Sustainable Growth Rate Formula

On December 12, 2013, the Senate Finance Committee and House Ways and Means Committee both approved legislation that would reform the Sustainable Growth Rate (SGR) formula currently used for Medicare physician payments. ...more

ASIC Proposes A Fresh Approach To The Regulation Of Employee Incentive Schemes

WHAT YOU NEED TO KNOW - ASIC is proposing to update and broaden its current employee share scheme class order relief and regulatory guidance in response to developments in market practice and the need for...more

When It Comes To Proxy Statements, The U.S. District Courts May Not Be So Exclusive After All

A recent ruling by Vice Chancellor Donald F. Parsons, Jr. caused me to ponder why a case involving alleged misstatements in a proxy statement filed with the Securities and Exchange Commission wasn’t immediately tossed out on...more

Recent Changes On The Renewable Energy Sector Introduced Under Royal Decree-Law 9/2013, Of 12 July

Royal Decree-Law 9/2013, of 12 July, adopting urgent measures in order to ensure financial stability of the electricity system (hereinafter, “RD-L 9/2013”) was published in the Official Spanish Gazette (“BOE”) on 13 July...more

Pfeiffer v. Leedle, C.A. No. 7831-VCP (Del. Ch. Nov. 8, 2013) (Parsons, V.C.)

In this memorandum opinion denying defendants’ motion to dismiss, the Court of Chancery held that plaintiff alleged particularized facts showing a board of directors breached its fiduciary duty of loyalty by approving the...more

NIST Unveils Preliminary Cybersecurity Framework

On October 22, the National Institute of Standards and Technology (NIST) released its long-anticipated Preliminary Cybersecurity Framework for public review and comment. The Cybersecurity Framework was issued in accordance...more

ASIC Consults on Employee Incentive Scheme Policy

The Australian Securities and Investments Commission (ASIC) has released a consultation paper, seeking feedback on proposed reforms to its class order relief and guidance for employee incentive schemes. An updated version of...more

Judge Slashes Attorneys’ Fees and Incentive Awards in Defective Laptop Class Action

In a consumer class action settlement involving allegedly sluggish Acer notebook computers, a Northern California federal judge sua sponte slashed the attorneys’ fees award sought by plaintiffs’ lawyers from the requested...more

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

SCCE Guidance On Compliance Program Incentives

Next week the Society of Corporate Compliance and Ethics (SCCE) will hold its annual conference in Washington DC. It is one of the top national conferences in compliance and ethics around. ...more

New Energy Finance Paper Discusses Tax Equity

America’s Power Plan describes itself as a “toolkit” for policymakers. The information that constitutes the toolkit is available below. Its energy finance paper was just published. The paper is available below. Below are...more

OSHA Targets Safety Incentive And Disincentive Policies

While you are busy with the required Hazard Classification Training that we told you about last week, you might want to make time to review any safety incentive programs that you have in place. ...more

Continued Employment In Dead-End Job May Entitle Employee To Incentive Benefits

In Florida, employee handbooks, procedure manuals, and other statements of an employer's policy are generally non-binding and do not give rise to enforceable contract rights. But suppose an employer induces an employee to...more

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