In recent years, one of the favored responses of legislative reformers and regulatory enforcement authorities to financial fraud and other corporate misconduct has been the encouragement of whistleblowing activity. Both the Sarbanes-Oxley and the Dodd...
Second Circuit allows Dodd-Frank retaliation claim
by Darryl Wade Anderson , Jonathan S. Franklin , Mark Thomas Oakes , and Eliot Turner
On Thursday, September 10, the Second Circuit issued the second appellate decision interpreting the scope of...
A registrant's initial pay ratio disclosure will be required for its first full fiscal year beginning on or after January 1, 2017.
The U.S. Securities and Exchange Commission (SEC) has adopted final pay ratio disclosure rules under the Dodd-Frank...
By: John A. Brunjes ,
and Genna Garver
On November 19, 2010, the Securities and Exchange
Commission ("SEC") proposed new rules and rule amendments (the "Proposed
Rules") under the Investment Advisers Act of 1940, as...
Is it possible that we seen the last of "Say-On-Pay"
lawsuits? Or are we just awaiting the next round of post-Dodd Frank executive
compensation-related litigation? Those are the questions asked in a June 12,
2013 memorandum entitled "Has...
On July 1, 2015, a divided SEC voted 3-2 to propose rules directing the securities exchanges to adopt standards requiring listed companies to adopt policies requiring the companies’ executive officers to pay back incentive-based compensation in...
On October 18, 2010, the Securities and Exchange
Commission (SEC) proposed new rules and amendments to existing rules to implement "Say
on Pay" and "Golden Parachute" votes mandated by the Dodd-Frank Wall Street
Reform and Consumer...
James E. Earle Esq. and Mark D. Perlow Esq.
On March 30, 2011, seven federal financial regulators
(each, an " Agency ," and collectively, the " Agencies ")
published a proposed rule (the " Proposed Rule "...
A sharply divided Securities and Exchange Commission approved rules mandated by the Dodd-Frank Act requiring most companies to disclose the ratio of their CEO’s pay to their average median employee salaries. The two Republican commissioners strongly...
The Dodd-Frank Wall Street Reform and Consumer Protection
Act (the "Act") requires seven Federal agencies (the "Agencies") to jointly
prescribe regulations or guidelines with respect to incentive-based
compensation practices at covered...
In the latest fiscal year report of the SEC Office of the Whistleblower, the agency reported that as of the end of the 2013 fiscal year it had received a total of 6,573 whistleblower reports since the the Dodd-Frank whistleblower program’s inception...
On June 15, 2012, the Maryland Securities Commissioner issued an order adopting the NASAA model rule exemption for investment advisers to private funds .
Like the model rule, the new order issued by the Maryland Securities Commissioner , provides for...
On May 30, 2012, Representative Barney Frank introduced a bill entitled the "Executive Compensation Clawback Full Enforcement Act" ( here ) that by its own terms is designed to "prohibit individuals from insurance against possible losses...
a look ahead to other Dodd-Frank Act proxy or executive compensation related
On August 25, 2010, the SEC adopted new proxy rules that
are expected to be effective for most public companies for the 2011 proxy
season. The new rules...
by James E. Earle Esq. and Mark D. Perlow Esq.
On March 30, 2011, seven federal financial regulators (each, an " Agency ," and collectively, the " Agencies ") published a proposed rule (the " Proposed Rule "...