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Court allows creditor to garnish top-hat plan benefits

Winston & Strawn LLP
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USA
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April 18 2013

In Sposato v. First Mariner Bank, 2013 WL 1308582 (D. Md. March 29, 2013), a federal district court allowed the creditor (First Mariner Bank) of a

If you thought the IRS would not punish 409A foot faults, think again

Winston & Strawn LLP
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USA
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March 26 2013

The result in the case Sutardja v. U.S., decided by the United States Court of Federal Claims last month is not surprising. We all understood the

Litigation over proxy statement disclosure another update

Winston & Strawn LLP
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USA
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March 20 2013

As readers know, I have been blogging on the new form of lawsuit over companies' executive compensation disclosures that has appeared in the last

Follow-up - class action lawyers achieve a victory in executive compensation litigation

Winston & Strawn LLP
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USA
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December 3 2012

After my blog on this topic two months ago, everyone seemed to tune in to the frightful and potentially disastrous developments in California state courts

Class action lawyers achieve a victory in executive compensation litigation and seek to duplicate the result against other companies during proxy season

Winston & Strawn LLP
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USA
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October 26 2012

Imagine a lawsuit brought in the weeks leading up to your company's annual shareholders' meeting, which seeks to postpone that meeting based on inadequate proxy disclosures on executive compensation matters up for a shareholder vote

Federal court applies Dodd-Frank and Sarbanes-Oxley Act whistleblower protection to employee's complaints about qualified pension plan

Winston & Strawn LLP
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USA
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October 22 2012

In Kramer v. Trans-Lux Corp., No. 3:11-cv-01424-SRU, 2012 WL 4444820 (D. Conn. Sept. 25, 2012), Kramer sued his former employer for retaliatory discharge under the Sarbanes-Oxley and Dodd-Frank Acts, alleging that his repeated complaints to his supervisor, the CFO, and the board audit committee, followed by complaints to the SEC and PBGC about the actions of his fellow pension committee member and sole trustee of the pension plan, led to his termination of employment

Federal Appellate Court rules that SUB payments are not “wages” for FICA tax purposes

Winston & Strawn LLP
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USA
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October 15 2012

I had skipped this important potential cost-saving issue to focus on SEC and other developments for proxy season

Recent court decisions suggest changes to stock plan design to reduce litigation risk

Winston & Strawn LLP
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USA
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August 8 2012

As this blog has been discussing, the past four years have seen an explosion in litigation against corporations, boards and officers over executive compensation matters, including claims over failed shareholder say on pay votes

Federal judge approves settlement of litigation against Lehman Brothers without requiring contributions from the personal assets of executives and directors

Winston & Strawn LLP
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USA
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July 18 2012

We have been closely following the recent explosion of litigation against executives and officers

Delaware court dismisses 162(m) claims and denies plaintiff’s request for fees

Winston & Strawn LLP
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USA
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May 10 2012

In Freedman v. Adams, a "shareholder" brought derivative claims against the board of directors of XTO Energy alleging breaches of fiduciary duty and waste due to the board's alleged failure to structure over $40 million of executive bonuses over a three-year period in a manner that would have made them deductible under Code Sec. 162(m