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Clawback Agreements and Provisions in Business Contracts

presented by Lorman Education Services
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Summary

Clawback Agreements and Provisions in Business Contracts

Workshop Description/Agenda

Learning Objectives
Learning Objectives * You will be able to review clawback agreements and clawback provisions to make sure they incorporate best practices. * You will be able to recognize state law issues to consider in implementing clawback provisions. * You will be able to explain public company clawback requirements under the SarbanesOxley Act, exchange listing standards, and the proposed DoddFrank Act clawback rule. * You will be able to discuss tax issues related to clawback provisions, including IRC Section 409A and the deductibility of clawbacks by employers and employees.

Benefits
Join us for your comprehensive guide to understanding clawback agreements and provisions in business contracts. Several recent highprofile corporate scandals demonstrate the importance of having clawback policies to disincentivize employee misconduct and enable employers to recoup previously paid compensation from employees. This topic helps HR and legal professionals understand how to draft clawback agreements and clawback provisions in business contracts that are effective and comprehensive, and also comply with state law and tax law requirements and provides a refresher on the history and use of clawbacks, as well as the clawback requirements for public companies under the SarbanesOxley Act, exchange listing standards, and the proposed DoddFrank clawback rule. The information discusses the latest trends in clawbacks, including the use of forfeitures instead of clawbacks and the revision of misconduct triggers in clawback agreements and clawback provisions. You should emerge with an understanding of the current best practices in drafting clawback agreements and clawback provisions in business contracts.

Agenda
Historic Development and Use of Clawbacks Identifying Tax Issues in Enforcing Clawbacks • IRC Section 409A Compliance • Tax Treatment of Enforcement for Employer • Tax Treatment of Enforcement for Employee How to Address State Law Issues in Clawback Agreements and Clawback Provisions • Enforceability Clawback of Monies Paid in Respect of Failure to Comply With Restrictive Covenants and Other Post-Employment Restrictions • Wage and Hour Laws Implicated by Clawbacks • Wage Deduction Laws Public Company Clawback Requirements • Sarbanes-Oxley Requirements • Exchange Listing Standards • Proposed Dodd-Frank Act Clawback Rule Trends in and Best Practices for Drafting and Enforcing Clawbacks • Use of Forfeitures Instead of Clawbacks • Revision of Misconduct Triggers in Clawback Agreements and Clawback Provisions • Best Practices in Drafting

Faculty
Rina Fujii with Epstein Becker & Green, P.C., Gretchen Harders with Epstein Becker & Green, P.C., Susan Gross Sholinsky with Epstein Becker & Green, P.C.

Credits
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request.

Who Should Attend

This live webinar is designed for attorneys, presidents, vice presidents, accountants, CPAs, controllers, accounting managers, CFOs, directors, business owners and managers, finance directors, and estate and financial planners.

Additional Information

Training Provider: Lorman Education Services

Course Topics: Business Skills Training > People Management

Training Course Summary: Clawback Agreements and Provisions in Business Contracts


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