Recent Posts

Incentive Compensation Limitations and Disclosures for Private Fund Managers
Posted on 3 Mar 2011 by Doug Cornelius

At the Wednesday March 2 Open Meeting, the Securities and Exchange Commission voted to approve a new rule that would affect incentive compensation paid to employees of investment advisers and broker-dealers . Commissioners Casey and Paredes voted against... Read More

The Second Circuit Bolsters the SEC’s View of SOX 304
Posted on 8 Oct 2010 by Thomas O. Gorman

The Section 304 of Sarbanes Oxley requires the CEO and CFO to repay certain incentive compensation in the event there is a restatement of the company's financial statements based on wrongful conduct. Few court decisions have construed the Section... Read More

Bringing a New Ethics to the Market Place: Sox 304, Dodd-Frank 954
Posted on 11 Oct 2010 by Thomas O. Gorman

SOX Section 304 and Dodd-Frank Section 954 present the SEC with a critical test. Each Section provides for the claw back of certain executive incentive executive compensation when there is a restatement. The challenge for the Commission is to use its... Read More