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What to Consider When Strategically Implementing the SEC’s New Pay for Performance Rule

While a time-consuming exercise of limited use to investors, the rule will push issuers to provide clarifying compensation disclosure in the annual proxy. Due to its reliance on accounting values and emphasis on unvested...more

Maximizing Human Capital Disclosure Under New Guidance

A new SEC rule requires, to the extent material to a company’s business as a whole, expanded human capital disclosures, but its disclosure requirements are very general and give companies the ability to “tell their own story”...more

Preserving Cash and Incentivizing Employees During a Pandemic

As COVID-19 reverberates through the real estate and construction industries, impacted companies should revisit their employee compensation programs to preserve cash and drive performance while maintaining legal compliance. ...more

ESG: Implementing and Disclosing for the New Normal

Moving toward responsible environmental, social, and governance (ESG) practices to benefit all stakeholders—not just investors. 86 percent of the companies in the S&P 500 Index published sustainability or corporate...more

The State of Play on Clawbacks and Forfeitures Based on Misconduct

On July 1, 2015, the SEC issued proposed rules implementing Section 954 of the Dodd-Frank Act, which would obligate national securities exchanges to adopt listing standards that require listed companies to adopt and disclose...more

The IRS Issues 83(i) Guidance: Opportunity to “Opt Out”

IRS guidance on new law permitting income tax deferral for private company equity compensation awards provides clarity by introducing more rules. The Section 83(i) deferral opportunity is only available for awards granted...more

Winning Say-on-Pay: Top Ten Executive Compensation Proxy Tips For 2019

Routine and pro forma executive compensation disclosures miss critical opportunities to bolster shareholders’ support. These tips can help improve your proxy going into 2019 spring shareholder meetings. Companies should...more

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