Executive Compensation Clawback Policies: Employment Law Compliance While Navigating SEC Rules and DOJ Guidance
Wage and Hour Issues; Multijurisdictional Concerns; Former v. Current Employees; Paid Compensation v. Future Payment
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the SEC's rules and DOJ's guidance and pilot program related to compensation clawback and how these intersect with multijurisdictional employment obligations. The panel will address employment considerations for companies and counsel when developing compensation clawback policies. The panel will also describe best practices for drafting clawback policies and for subsequent enforcement.
Outline
- Purpose of executive compensation clawback
- SEC's executive compensation clawback rules and stock-exchange listing standards
- Companies and employees affected
- Effect on employment obligations
- DOJ's new corporate compliance guidance and pilot program incentivizing clawback policies
- Companies and employees affected
- Effect on employment obligations
- Employment law considerations and best practices for policy drafting and enforcement
- Federal
- State
- International
- Public vs. private companies
- Current vs. former employees
- Paid vs. future compensation
- Other considerations
Benefits
The panel will review these and other important considerations:
- What companies are affected by the SEC's clawback rules?
- What companies are affected by the DOJ's clawback guidance and pilot program?
- Who is required to draft compensation clawback policies?
- What are the multijurisdictional employment considerations to be taken into account by counsel and clients when drafting compensation clawback policies?
- What are the risks of enforcing compensation clawback policies under federal, state, and international law?
- What are best practices for minimizing risk?
Faculty
Joshua F. Alloy
Counsel
Arnold & Porter Kaye Scholer
Mr. Alloy handles all aspects of labor and employment matters involving day-to-day counseling, transactions, and... | Read More
Mr. Alloy handles all aspects of labor and employment matters involving day-to-day counseling, transactions, and litigation. He has experience conducting internal investigations and audits and advising and defending clients in connection with internal complaints and administrative proceedings before federal and state agencies. Mr. Alloy regularly advises clients on complicated leave and disability issues, noncompete and trade secrets, independent contractor and employee classifications, government contractor compliance, and employment aspects of corporate transactions. Mr. Alloy drafts and negotiates employment and consulting contracts, separation agreements, commission and compensation plans, and workplace policies and handbooks, and counsels clients on terminations, reductions-in-force, and alternatives to layoffs. He also frequently conducts in-house harassment and diversity trainings.
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Laura L. McDaniels
Partner
Pillsbury Winthrop Shaw Pittman
Ms. McDaniels has over two decades of experience advising clients on compensation and benefits matters. She counsels... | Read More
Ms. McDaniels has over two decades of experience advising clients on compensation and benefits matters. She counsels companies across multiple industries at all stages of their life cycle--from startups to multinational corporations--on both day-to-day matters and transformative events. Ms. McDaniels also advises boards of directors, executives and investors.
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Soo-Mi Rhee
Partner
Arnold & Porter Kaye Scholer
A trusted adviser to major corporations facing high-stakes criminal and regulatory investigations, Ms. Rhee, who... | Read More
A trusted adviser to major corporations facing high-stakes criminal and regulatory investigations, Ms. Rhee, who leads the firm’s Anti-Corruption practice, offers extensive experience in major anti-corruption, compliance, national security, and export controls and sanctions issues, with particular expertise in high-tech industries. She helps companies and institutions establish compliance programs, obtain export authorizations, obtain product classifications, conduct compliance risk assessments/audits, and conduct internal investigations. Ms. Rhee also regularly represents clients in economic sanctions, export controls, and/or Foreign Corrupt Practices Act enforcement proceedings before the Office of Foreign Assets Control, U.S. Department of the Treasury, the Bureau of Industry and Security, U.S. Department of Commerce, the Directorate of Defense Trade Controls, U.S. Department of State, U.S. Department of Justice and/or U.S. Securities and Exchange Commission.
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