Clik here to view.
When Employees Steal, The SEC May Punish The Company And The CEO
In this week’s issue of Compliance Week, Tammy Whitehouse writes about the SEC’s recent enforcement action against Koss Corporation and Michael J. Koss, its Chief Executive Officer and former Chief...
View ArticleWhat The SEC Pretermitted In Proposing A Clawback Policy Rule
The Securities and Exchange Commission began the month by issuing proposed rules that would direct national securities exchanges and associations to establish listing standards requiring companies to...
View ArticleClik here to view.
The SEC’s Clawback Proposal – An Unconstitutional Taking?
In proposing incentive compensation clawback rules, the Securities and Exchange Commission studiously ignored any constitutional restraints on its actions. Buried in the 198-page proposal is this...
View ArticleClik here to view.
SEC Clawback Proposal Overlooks Contract Law Fundamentals
In proposing the clawback rules for stock exchanges mandated by Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Securities and Exchange Commission evinces...
View ArticleThe SEC’s Unconvincing Case Against Indemnification
The Securities and Exchange Commission’s proposed rules take a hard line against issuers indemnifying executives against clawbacks: We believe that indemnification arrangements may not be used to avoid...
View ArticleCan The SEC Ignore Congress’ Plain Language?
In proposing executive incentive compensation clawback rules, the Securities and Exchange Commission departs materially from the plain words of Section 954 of the Dodd-Frank Wall Street Reform and...
View ArticleClik here to view.
Implementation Issues Abound For The SEC’s Proposed Clawback Rules
When adopted, the incentive compensation clawback rules recently proposed by the Securities and Exchange Commission are likely to present issuers with a number of implementation challenges. Some of...
View ArticleA Most Nescient Comment?
Monday was the close of the comment period on the Securities and Exchange Commission’s proposed rules with respect to listing standards requiring recovery of erroneously paid incentive compensation. In...
View Article
