Executive Compensation Clawback Policies: Employment Considerations for Drafting and Enforcement

The SEC recently adopted final rules requiring listed companies to adopt compensation clawback policies and approved the NYSE’s and Nasdaq’s proposed clawback listing standards, which give NYSE- and Nasdaq-listed issuers until Dec. 1, 2023, to adopt compliant policies. Mirroring the SEC’s increased activity, the DOJ’s criminal division recently updated its guidance, which allows prosecutors to factor in compensation clawback policies in corporate criminal resolutions. The DOJ also launched a pilot program that incentivizes companies to have clawback policies in place.

Creating compensation clawback policies that also comply with employment obligations is challenging. During this CLE webinar, the panel will address the latest federal regulations and guidance related to executive compensation clawback and the multijurisdictional employment law considerations to be taken into account when creating clawback policies. The panel will also describe best practices for drafting and enforcement.

For more information or to register, please visit the event page here.