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Practical Considerations for New Pay vs. Performance Disclosure Requirement

Proskauer's Employee Benefits & Executive Compensa

The SEC’s final rule on Pay Versus Performance becomes effective on October 8, 2022, and will require new executive compensation disclosures for the upcoming proxy season (for annual proxy statements that include executive compensation disclosure for fiscal years ending on or after December 16, 2022).

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Dodd-Frank Clawback Policy: Additional Action Required for NYSE-Listed Companies by December 31, 2023

Proskauer's Employee Benefits & Executive Compensa

Proskauer’s Employee Benefits and Executive Compensation team is advising companies on the adoption and implementation of compensation clawback policies. We have also discussed the interaction of the Final Rules and the Department of Justice’s clawback guidance in this blog post and this Law360 article.

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“Clawback Comeback”: DOJ’s New Focus on Clawbacks to Prevent Corporate Crime

Proskauer's Employee Benefits & Executive Compensa

This new focus on “clawbacks” is intended to give general counsels and chief compliance officers the tools to implement “responsible corporate behavior” and to foster a corporate culture that both deters and punishes risky (and possibly criminal) behavior by top executives.