SEC Approves Clawback Rules: Impact on Corporate Accountability and Executive Compensation

The U.S. Securities and Exchange Commission (SEC) recently affirmed new “clawback” standards, as per Rule 10D-1, affecting corporations listed on the New York Stock Exchange (NYSE) and Nasdaq. Those companies are expected to conform to these standards through the incorporation of suitable clawback policies by December 1, 2023. More details can be found on the…

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Navigating Cross-Border Complexities in Corporate Compensation

In the realm of international law, complexities frequently transpire with cross-border corporate compensation practices. Take for instance, the plausible scenario where a Canadian corporation enacts a deferred share unit plan (DSU Plan) for its directors. With all directors residing outside of the U.S., the necessity for U.S. counsel review is initially seen as non-consequential. However,…

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Urbana School District Violates Federal Law: Age Discrimination in Collective Bargaining Agreement

In a ruling that underscored the application of age discrimination laws to the education sector, Urbana School District No. 116 in Illinois was found culpable of violating federal law. This followed a victory for the U.S. Equal Employment Opportunity Commission (EEOC), marked by a federal judge granting a summary judgment against the school district. The…

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Annual Employment Benefits-Related Limits Adjustments: A Primer for Legal and Corporate Compliance

In the continually evolving sphere of employment benefits, it is critical for legal professionals and corporations to stay abreast of the annually adjusted dollar limits that directly impact employee benefits. Constant updates are relayed by the Internal Revenue Service, the Social Security Administration, and the Pension Benefit Guaranty Corporation. The chart that enumerates these adjustments,…

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DOJ Targets Compensation Structures in Anti-Bribery and Corruption Crackdown

In a recent shift toward promoting anti-bribery and corruption measures, the US Department of Justice (DOJ) has been focusing its attention on corporate compensation structures. Central to this development is the DOJ’s use of settlement agreements to highlight its evaluation criteria for assessing compliance programs, an approach that may have ramifications for legal professionals in…

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Navigating SEC Clawback Rules and Code Section 409A Compliance Challenges

In 2015, the Securities and Exchange Commission (“SEC”) proposed a requirement under the Dodd-Frank Wall Street Reform and Consumer Protection Act for publicly-traded companies to adopt clawback policies. These policies are intended to recover erroneously awarded compensation from their executive officers. On October 26, 2022, the SEC adopted the final rules which had been long-awaited…

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Navigating the Evolving Landscape of Employee Benefits and Executive Compensation: Insights from Troutman Pepper Podcast

As we move closer to 2024, legal experts and professionals are reevaluating and adapting the landscape of Employee Benefits and Executive Compensation. An important source of information on these topics is the inaugural episode of Troutman Pepper’s three-part Employee Benefits and Executive Compensation podcast miniseries, hosted by Lynne Wakefield, Constance Brewster, and Brianna Hourihan. In…

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Addressing Antisemitism: Elite Universities Face Legal Challenges for Enabling Harassment

Welcome to today’s rundown of the top news for corporate and firm lawyers, and in-house counsel. First off, a recent award of $55 million in legal fees from a settlement intended to compensate about 300,000 First Nations families in Canada has sparked concern. Originating from underfunding on-reserve child-welfare services, this compensation comes on the heels…

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Navigating Succession Planning and Leadership Redefinition in Modern Law Firms

Law firms worldwide are responding proactively to changes in the legal landscape, revisiting both their conventional approaches to succession planning and origination credit, while innovating their leadership structures. These changes generally seem to be geared toward ensuring continuity of their practices and organic progression of their leadership, while adapting to the needs and expectations of…

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Exam Malfunctions and Proctor Distractions: How a Bar Applicant’s Ordeal Highlights Accommodation Flaws

A recent case concerning the bar exam raises important questions about the examination process and the remedies available when it goes awry. Marla Matrice Murphy, a Delaware bar applicant, took to the court regarding her undesirable experience during the July 2021 bar exam, aggrieved by malfunctions and distractions from proctors. Her distress was not without…

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IRS Announces 2024 Cost-of-Living Adjustments for Benefit Plans and Social Security Taxable Wage Base

The Internal Revenue Service (IRS) has recently announced the 2024 dollar limits for a variety of benefit plans, including qualified retirement plans (including 401(k) plans), deferred compensation plans, and health and welfare plans. These adjustments are based on a cost-of-living index, which allows for increases in line with inflation and cost of living expenses experienced…

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Chicago’s PLO Expansion: Shift in Workplace Benefits Amid Business Community Concerns

In a move that has surprised many, Chicago’s City Council, despite anticipated backlash from the business community, approved a key policy of Mayor Brandon Johnson’s early tenure. The policy in question entails an extension of paid leave benefits for almost all individuals working within the city’s jurisdiction. The recently enacted Paid Leave Ordinance (PLO) modifies…

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Chicago Debuts Groundbreaking Paid Leave and Sick Leave Ordinance: A Model for the Future

On November 9, 2023, the Chicago City Council introduced a first-of-its-kind “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance” (the “Ordinance”), set to take effect on December 31, 2023. This new legislation will replace the existing Chicago Paid Sick Leave Ordinance (PSLO). The precise details of the approved ordinance are not available at…

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Alaska Airlines Faces Class-Action Lawsuit Over Disrupted Flight: Implications for Aviation Litigation

Passengers distressed by a disrupted Alaska Airlines flight have filed a class-action lawsuit in a state court. The litigation comes as a recourse to the inconvenience faced by the travelers due to the problematic flight. The legal professionals engaged in scrutinizing the commercial affairs of such corporations should rightfully note the intensity of such consumer…

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