Training Repayment Agreement Provisions: Is It a TRAP or a Benefit? What's the Tea in L&E?
Understanding the Latest DOJ Changes to Corporate Prosecutions
December 1st Deadline to Adopt Executive Compensation Clawback Policies — The Consumer Finance Podcast
FCPA Compliance Report-Episode 282-SCCE CEI Wrap-up, Part II
Employment Law This Week®: Non-Solicitation Violation, SOX 304 Clawback, NLRB’s Joint-Employer Standard, OSHA’s “Walk Around” Rule
The collapse of major digital-asset platforms in recent years has propelled bankruptcy avoidance actions into the spotlight. Among these, claw-back claims under the Bankruptcy Code – especially § 547 (pre-petition...more
Being an aspiring commercial lawyer often means being confronted by complex, often abstract, concepts leading to an often impenetrable wall of jargon for students and trainees. Next up in our Legal Lingo series, which we've...more
Residency contract season is in full swing, and early-career physicians are starting to receive the first wave of employment contracts for 2026 (or even 2027) start dates. At the same time, hospitals and private practices are...more
Earlier this year, California enacted Assembly Bill 692, which could dramatically affect many common techniques used by employers to recover funds from terminating employees....more
The case of Zappos owner Tony Hsieh, the late billionaire who was initially believed to have died intestate, without a valid will, took an unexpected turn when an apparent original will surfaced years later, halfway around...more
The 2025 Proxy Disclosure & 22nd Annual Executive Compensation Conferences, presented by TheCorporateCounsel.net and CompensationStandards.com, were held October 21 – 22, 2025. The conferences brought together leading experts...more
Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 required the Securities and Exchange Commission (SEC) to issue rules mandating the recovery of incentive-based compensation in the case of a...more
As public reporting companies gear up for their 2025 SEC annual reports and proxy statements, most of the SEC’s recent disclosure rules are already in place. But a few new requirements and first-time milestones will apply to...more
As a result of a new law effective January 1, 2026, California employers will be required to revisit their approach to agreements in which workers are required to repay relocation or signing bonuses, relocation expenses,...more
Section 547 of the Bankruptcy Code authorizes a trustee (or another appropriate party) to avoid, or clawback, so-called “preferential” transfers. A transfer qualifies as a preference if it was made to or for the benefit of a...more
Employers throughout the United States often offer to pay for employees’ training, school tuition, or other benefits so long as the employee receiving the benefit executes an agreement agreeing to remain employed for a...more
Don’t be afraid, it’s just more eDiscovery case law! In our October 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to non-party production of AI training data and...more
In the complex world of construction, where projects often depend on a delicate chain of contractors, subcontractors, and suppliers, financial stability is not just important—it is foundational. The moment one link in the...more
Bonus plans are a cornerstone of total compensation and help retain top talent and drive productivity in the financial services industry. By linking bonuses directly to measurable goals such as growth, production, and...more
The relationship between employee compensation, recognition, and an organization's culture of compliance is increasingly under scrutiny. Regulators, stakeholders and boards are recognizing that how employees are paid,...more
On Tuesday, September 2, the Trump Administration scored a victory in its ongoing efforts to roll back clean energy initiatives and grants....more
Relator Ronald Streck filed suit under the False Claims Act (FCA) asserting that Eli Lilly falsely under-reported its Average Manufacturer Price (AMP) for Medicaid by excluding “price increase values” (sometimes called...more
In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler for a deep dive into Training Repayment Agreement Provisions, also known as TRAPs. Together, they break down what...more
We have published a new resource – the “Guide to the 10-K Clawback Checkboxes” – to help guide you through the statutory and regulatory requirements for the Form 10-K clawback checkboxes....more
As the 2025 proxy season ends, public companies have had to navigate a more nuanced and demanding disclosure environment. New disclosure requirements, such as Item 402(x) of Regulation S-K, and increased scrutiny of—and...more
In United States corporate bankruptcies, much of the action happens outside the spotlight of the main reorganization plan in a parallel but crucial track: the adversary proceeding. These separate litigation proceedings can...more
A majority of private fund managers set the clawback limit at 25%, but they calculate the clawback differently depending on fund type. Limited partner (LP) clawback provisions enable fund managers to call back previously...more
On June 26, the Securities and Exchange Commission hosted a roundtable discussion about potential changes to existing executive compensation disclosure requirements. In the lively discussion, panelists representing issuers,...more
In today's corporate governance landscape, clawback and malus provisions have become key tools for promoting accountability and integrity. By incorporating these provisions, companies aim to align executive actions with the...more
On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more