SEC and Clawback Compliance Changes
Clawbacks of executive compensation have been prominently featured in the news throughout 2023. Last month, the Securities and Exchange Commission gave its final approval of executive compensation clawback listing standards and relevant amendments first proposed by the New York Stock Exchange and the Nasdaq Stock Market. As FEI sponsor Husch Blackwell noted in a recent update, listed companies will have until December 1, 2023, to adopt a compliant clawback policy.
Relatedly, in a fascinating podcast discussion, Husch Blackwell attorneys examined a recent SEC order that found McDonald’s had violated Section 14(a) of the Exchange Act and Exchange Act Rule 14a-3 because it “failed to disclose that the company exercised discretion” in firing its former CEO without cause in conjunction with the execution of a separation agreement valued at more than $40 million, despite McDonalds ultimately suing its former CEO to claw back $100 million-plus in compensation.
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