"More on Clawbacks: Action Items and Implementation Considerations"

Thursday, November 16, 2023

2:00 - 3:00 pm, eastern [archive and transcript to follow]

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Course Materials:

At our 20th Annual Executive Compensation Conference, one thing was crystal clear from the "Clawbacks: Key Action Items Now" panel: there are tons of complex decisions and open interpretive issues that unlucky companies faced with a restatement will need to tackle in order to implement their Dodd-Frank clawback policy, once adopted. Our experienced panelists addressed many of these in an engaging and interactive dialogue at the conference and have graciously agreed to continue the conversation about the myriad of implementation and disclosure issues causing companies and their advisors to lose sleep.

Joining us are:

  • Mark Borges, Principal, Compensia and Editor, CompensationStandards.com
  • Renata J. Ferrari, Partner, Ropes & Gray
  • Ronald O. Mueller, Partner, Gibson Dunn
  • Kyoko Takahashi Lin, Partner, Davis Polk

This program will cover:

  • Process if Restatement Occurs
    • What Incentives Are Affected
    • Process/Tips for Calculating (and Documenting) Impact
    • Practical Mechanics for Recovery (Including Exceptions)
    • Impact on Restatement-Related Disclosure Requirements
    • Complicating Factors from Incentive Plan or Employment Agreement Design (e.g., TSR/stock price, plan pools, scorecards with multiple metrics and partial discretion, good reason definitions)
  • Do You Need to Amend Other Policies, Provisions, Programs, or Disclosures?
    • Common Areas of Overlap/Potential Conflict — and How to Resolve
    • Responding to SEC & DOJ Enforcement Initiatives & Programs
  • Finalizing and Maintaining Your Policy
    • Confirming Your Policy is Ready for Prime Time (that is, filing as a 10-K exhibit)
    • What To Do if You Need to Amend
    • How to Review and How Often


Cost: Members of this site are able to attend this critical webcast at no charge. The webcast cost for non-members is $595. If you're not yet a member, subscribe now by emailing sales@ccrcorp.com - or call us at 800.737.1271.

Continuing Legal Education: We will apply for CLE credit in all applicable states (with the exception of SC and NE who require advance notice) for this 1-hour webcast. You must submit your state and license number prior to or during the program. Attendees must participate in the live webcast and fully complete all the CLE credit survey links during the program. You will receive a CLE certificate from our CLE provider when your state issues approval; typically within 30 days of the webcast. All credits are pending state approval.

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What you can do if you can't access the live program: If you have a scheduling conflict or have problems accessing webcasts generally (due to firewalls, etc.), an audio archive of the webcast will be posted a few hours after the program - and a text transcript of the program will be posted on CompensationStandards.com about two weeks after the live webcast.


For more information, contact info@compensationstandards.com or call 925.685.5111.
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