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Results: 1-10 of 89

Follow-Up on Whether a New Statute or Regulation Can Override an Existing Employment Agreement
  • Winston & Strawn LLP
  • USA
  • October 10 2016

Last week, I blogged on Piszel v. U.S., holding that a new statute or regulation can override a legally binding employment (or other) agreement. In


Clawbacks: Can a New Statute or Regulation Override an Existing Employment Agreement?
  • Winston & Strawn LLP
  • USA
  • October 6 2016

When we discuss adopting or updating a clawback policy, clients (and others) occasionally ask me: “Can a new statute or regulation override an


Settlement of Lawsuit over Director Compensation Offers Useful Guidance
  • Winston & Strawn LLP
  • USA
  • September 14 2016

We have blogged (incessantly, some would say) on the sudden rash of lawsuits alleging improper or excessive compensation to non-employee directors


Recent Cases Point out Potential Gaps in Indemnification Provisions
  • Winston & Strawn LLP
  • USA
  • August 29 2016

Kevin LaCroix's The D&O Diary recently highlighted a couple of Delaware cases denying the advancement of legal fees to individuals with the title of


More Poor Drafting of Employment Agreements Can Lead to Litigation
  • Winston & Strawn LLP
  • USA
  • August 15 2016

It seems like only last week I was writing about a company that could have avoid substantial legal costs and headaches through better drafting (oops


Poor Drafting of Employment Agreements Can Lead to Litigation
  • Winston & Strawn LLP
  • USA
  • August 8 2016

A federal district court case decided last week involved an issue we see all too often. In Willis Re, Inc. v. Hearn (E.D. Pa. 2016), a Chief


Another Case on In-House Counsel’s Fiduciary Duty to a Former Employer
  • Winston & Strawn LLP
  • USA
  • July 29 2016

Just last week, I blogged on an Officer’s Fiduciary Duty When Negotiating HisHer Own Compensation Agreements. Many readers expressed interest in the


Update to 2014 Blog on Tax Effect of Compensation Clawback
  • Winston & Strawn LLP
  • USA
  • July 27 2016

In March 2014, I blogged on an Illuminating Case on the Tax Effect of Forfeitures and Clawbacks. In Nacchio v. United States, the U.S. Court of


Officer’s Fiduciary Duty When Negotiating HisHer Own Compensation Agreements
  • Winston & Strawn LLP
  • USA
  • July 20 2016

I have blogged frequently on the fiduciary duty of a board of directors or compensation committee when negotiating and setting executive compensation


District Court Holds That Private Equity Funds Are Part of Same Controlled Group for Purposes of Pension Liability
  • Winston & Strawn LLP
  • USA
  • March 31 2016

On Monday, in Sun Capital Partners III LP v. New England Teamsters & Trucking Indus. Pension Fund, the District Court of Massachusetts ruled that two