Each year brings new executive compensation rules and considerations, whether based on Securities and Exchange Commission (SEC) rules, developments under the Internal Revenue Code, litigation trends, institutional adviser sentiment, or proxy advisory firm policy updates. As a result, US public companies will need to be on top of the changing executive compensation rules when preparing their proxy statements and annual meeting agendas. Latham & Watkins provides an overview of key regulatory developments, including final rules from the SEC on pay versus performance disclosures, clawback policies and 10b5-1 insider trading plans, updates to Institutional Shareholder Services (ISS) and Glass Lewis voting guidelines, considerations relating to CEO pay ratio disclosures and equity plan proposals and other important proxy season housekeeping and reminders, including as they relate to say on pay and the say on pay frequency vote and compensation advisor independence and risk assessments. Companies should consult with their legal, tax, and accounting advisers to confirm compliance with disclosure requirements, tax law developments, recent litigation trends, and other considerations that will require continued attention in 2023 and beyond.
James Nortz explores potential arguments for and against assisting other businesses when they are down, applying ethical considerations and balancing such corporate altruism with your own company's professional goals.
Sure, we all know that compliance departments provide oversight, coordination, and strategic direction to regulatory compliance activities throughout the company. But what if you've never had one before, and need to get something organized, right away? The author gives tips and insights into setting up a brand-new department.
The Tax Laws and Jobs Act is the most comprehensive tax reform in 30 years. As such, reviewing existing international structures is critical for businesses to anticipate the impact of the Act on their global effective book and cash tax rates. Though legislative technical corrections and regulatory guidance might affect the Act, legal departments should not wait for such guidance before taking action.
Many of the world’s economies have made significant changes to legislation in recent years. Whether it is Brazil, Canada or<br />Germany seeing increased enforcement action, your company needs to be ready with<br />a global, proactive compliance program.
Learn 11 legal issues UK contractors should pay attention to in 2022.
Companies that adopt forced ranking systems are most vulnerable to age, sex, and race discrimination claims. This article will help you to minimize such risks.
In this issue of Canadian Briefings, a quarterly supplement of the ACC Docket, learn more about small law department operations.
Arbitration is notorious for consuming too much time and money, especially when multinational businesses are involved. Fortunately, there are ways to prevent this headache. Corporate counsel can strategically minimize costs and promote efficiencies during the entire process, from creating the contract to selecting the country of arbitration.
Legal Operations can transform the practice of law, but only if everyone embraces It.
Learn how to field compliance issues in an environment where there are no supporting compliance resources available. Learn to recognize ethical pitfalls of fielding compliance issues while operating in dual capacities (as general counsel and compliance officer).
As in-house counsel everywhere take on more active roles within the company, many are beginning to feel the looming pressures of corporate interests. To adapt to this new reality, stop thinking of legal as a profession and start thinking of it as a business.
If an employee is injured or injures another person as a result of consuming alcohol at an employer-sponsored event, the employer may face liability claims. Read this article to learn how you can minimize your company's potential liability.
Learn about Conditional Fee Agreements (CFAs) and their introduction in Singapore's Legal Profession (Amendment) Bill.
This InfoPAK is designed to provide corporate counsel with a general overview of employee benefits. The InfoPAK will focus on how ERISA and the Internal Revenue Code apply to health and welfare and retirement benefits provided by employers to their employees in the United States.
This issue contains articles on outsourcing, developments in merger remedies, and the communication of personal information on clientele outside Canada.
This issue of Canadian Briefings includes: Can an Enterprise Communicate Personal Information on Clientele Outside Canada? by Cristine Carron and Kateri-Anne Grenier; A Perspective on Outsourcing by Richard Pearse; Recent Developments in Canadian Merger Remedies: Expediency Means, and Ends by Dany Assaf and Sarah McLean.
This guide details key business and legal developments of interest to investors across major jurisdictions in Africa.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Singapore. This guide gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse. In addition, it summarizes money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing.
Before your company begins acquiring raw material suppliers in Brazil and/or India, you need to learn a number of things about the acquisition process in each country. For example, why are asset sales so difficult in both countries? What are the consequences of jettisoning existing employees of the target? Read on to find out.
The global phenomenon surrounding the social media hashtag #MeToo has prompted many corporations to take another look at their sexual harassment policies. In a conversation with general counsel in the United States, EMEA, India, and Australia, ACC Docket delves into the law behind the movement, and outlines how legal departments everywhere can prepare for the uncertain road ahead.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
Becoming too much like the anachronistic, rules-laden court system it was meant to displace, commercial arbitration is no longer the most efficient and effective way to resolve disputes. In-house counsel increasingly complain that arbitration now looks and feels like a court case, but without the same rights of appeal. This panel, composed of in-house counsel and other lawyers in the arbitration space, will focus on how to return commercial arbitration to its roots as a speedy and cost-effective counterpart to the judicial system.
How to navigate the new H-1B visa requirements so that you can bring (and keep) the best and brightest nonimmigrant specialists on board.
James Nortz weighs in on the paradoxical failures of heavy-handed compliance programs.
Show results exclusively from the ACC Resource Library with customizable filters