Transition relief for amending nonqualified deferred compensation (NQDC) plans to reflect the 2017 amendments to Section 162(m) of the Internal Revenue Code will expire on December 31, 2020. ...more
On January 29, 2020, Skadden hosted the webinar “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices” presented by panelists Michael Bergmann, Executive Compensation and Benefits counsel;...more
2/11/2020
/ #MeToo ,
Compensation & Benefits ,
Contract Terms ,
Corporate Governance ,
Disclosure Requirements ,
Employment Litigation ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
IRS ,
Merger Agreements ,
Pay Gap ,
Pay Ratio ,
Pay Transparency ,
Pre-Employment Agreements ,
Proxy Advisors ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Tax Deductions
On February 5, 2019, Skadden hosted the webinar “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” The panelists were David Schwartz, Skadden’s global head of Labor and Employment...more
2/15/2019
/ #MeToo ,
Audits ,
CD&A ,
CEOs ,
CFOs ,
Clawbacks ,
Compensation Committee ,
Covered Employees ,
Director Compensation ,
Disclosure Requirements ,
Dodd-Frank ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
Glass Lewis ,
Hedging ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
Pay Equity Laws ,
Pay Ratio ,
Pay-for-Performance ,
Payment Terms ,
Proxy Season ,
Proxy Statements ,
Publicly-Traded Companies ,
Regulation S-K ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Tax Cuts and Jobs Act
On February 13, 2018, Skadden hosted a webinar titled “ SEC Reporting & Compliance and Corporate Governance Series: Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” Executive...more
3/9/2018
/ #MeToo ,
Board of Directors ,
Business Judgment Rule ,
Compliance ,
Corporate Governance ,
Covered Employees ,
DE Supreme Court ,
Delaware General Corporation Law ,
Department of Labor (DOL) ,
Dodd-Frank ,
EEO-1 ,
Entire Fairness Standard ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Gig Economy ,
H-1B ,
Independent Contractors ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
Joint Employers ,
Local Ordinance ,
Minimum Salary ,
Misclassification ,
NLRB ,
OSHA ,
Over-Time ,
Pay Ratio ,
Pay-for-Performance ,
Popular ,
Ratification ,
Salary/Wage History ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
State Labor Laws ,
Stockholder Agreements ,
Tax Cuts and Jobs Act ,
Trump Administration ,
USCIS ,
Volks Rule
On February 28, 2017, Skadden hosted a webinar titled “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” The Skadden panelists were labor and employment law partner David Schwartz,...more
3/22/2017
/ Breach of Duty ,
Business Judgment Rule ,
Defend Trade Secrets Act (DTSA) ,
Director Compensation ,
Disclosure Requirements ,
Dodd-Frank ,
EEO-1 ,
Enforcement Actions ,
Entire Fairness Standard ,
Executive Compensation ,
Form 8-K ,
GAAP ,
Golden Leash Arrangements ,
Institutional Shareholder Services (ISS) ,
Internal Revenue Code (IRC) ,
Nasdaq ,
Non-GAAP Financial Measures ,
Pay Equity Laws ,
Pay Ratio ,
Popular ,
Profits ,
Proxy Season ,
Regulation S-K ,
Rule 16b-3 ,
Say-on-Pay ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholder Approval ,
Short-Swing Trading ,
State Labor Laws ,
Trump Administration ,
Whistleblower Protection Policies ,
Withholding Tax
The Department of Labor (DOL) recently issued guidance on the Conflicts of Interest Rule it released earlier this year. The guidance, issued on October 27, 2016, is in the form of answers to frequently asked questions, which...more
11/8/2016
/ Audits ,
Best Interest Contract Exemptions ,
Compliance ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Executive Compensation ,
Financial Adviser ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
New Guidance ,
Prohibited Transactions ,
Retirement Plan
In an unexpected development, on June 21, 2016, the IRS issued proposed regulations that clarify and modify the final regulations issued in 2007 and the proposed income inclusion regulations issued in 2008. In many cases,...more
7/5/2016
/ Beneficiaries ,
Death Benefits ,
Deferred Compensation ,
Employee Benefits ,
Executive Compensation ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Restricted Stocks ,
Section 409A ,
Severance Agreements ,
Vesting
On April 6, 2016, the Department of Labor (DOL) issued a widely anticipated final regulation that redefines who is a “fiduciary” of certain employee benefit and other plans for purposes of the Employee Retirement Income...more
4/26/2016
/ 401k ,
Administrative Exemption ,
Best Interest Contract Exemptions ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
IRS ,
Retirement Plan
On April 20, 2015, more than three years after withdrawing a similar proposal that was staunchly opposed by the financial services industry, the U.S. Department of Labor (DOL) published in the Federal Register a proposed...more
4/29/2015
/ Benefit Plan Sponsors ,
Best Interest Contract Exemptions ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Fiduciary Duty ,
Financial Institutions ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
Pension Funds ,
Prohibited Transactions