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Corporate Governance Update: Corporate "Clawback" Provisions


Date: 07/21/08

An increasing number of companies have adopted provisions allowing them to recover executive pay that has been awarded based upon financial statements that are subsequently restated. A recent study found that 246 of 2,121 companies reviewed incorporated this type of recoupment ("clawback") policy as part of their executive compensation programs. This is a large increase over the 2003 figures, which indicated only fourteen of 1,800 companies had such provisions.

This memorandum is for general information purposes only and is not intended to advertise our services, solicit clients or represent our legal advice.

Download: Corporate Governance Update: Corporate"Clawback"Provisions (PDF, 138.57 K)

Related Attorneys: Charles A. Gilman, John J. Schuster, Jonathan I. Mark

Related Practices: Corporate, Employee Benefits & Executive Compensation