Restricted Stock Units - “Vest Day is the Best Day!”

Restricted Stock Units (or “RSUs”) continue to gain traction as part of company compensation plans. Not only are they a great way to incentivize employees with shares of company stock at future dates, but they are also a tremendous tool to help retain top talent from the employer perspective. The present value of your RSU grant is known up front, while the future value is highly uncertain as it’s tied directly to your company’s stock price – and your tenure around vesting schedules. READ MORE

The Remote (Worker) is Broken! Workers’ Compensation and Stay-at-Home Employees

In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in remote work begs the question: What if an employee gets injured while at home? Is this covered by workers’ compensation? If so, when? The answer, as it so often is, is it depends. READ MORE

SEC Showing Its Claws with Increased Focus on Recouping Executive Comp

The government's focus on clawbacks is at a fever pitch. At the Practicing Law Institute's SEC Speaks conference earlier this month, senior officials within the SEC's Division of Enforcement emphasized the agency's increasing use of the executive compensation clawback provision under the Sarbanes-Oxley Act of 2002 (SOX). This comes on the heels of the SEC – once again – reopening comment on a proposed rule for securities exchanges to require listed companies to adopt clawback policies and Deputy Attorney General Lisa Monaco's recent comments around compensation clawbacks. In response, we want to provide an overview of the compensation clawback provision within SOX (Section 304), a brief history of the SEC's use of the provision and key applicability considerations. READ MORE

5 ways to negotiate a solid executive compensation package in a recession

In 2021, venture capital funding flowed freely into the tech world, bolstering big funding rounds and even bigger salaries at SaaS companies. 

But now it’s 2022, and that cash flow has slowed dramatically. Major layoffs have replaced funding announcements, and we’re staring down a possible recession. With outright cash and sky high salaries off the board, negotiating a strong compensation package can seem daunting.  READ MORE

DOJ’s Revised Corporate Criminal Enforcement Policies Encourage Voluntary Disclosure and Focus on Compensation

Given DOJ’s continued focus on individual accountability, the new policies will expand DOJ’s evaluation of a company’s compliance program to include corporate compensation systems and the incentives created. In particular, DOJ will assess whether a company uses metrics to reward compliance-promoting behavior as well as clawbacks to deter and punish individuals who engage in corporate misconduct, suggesting that clawbacks appropriately shift the financial burden of misconduct away from shareholders and toward the individuals responsible. DOJ’s Criminal Division has been directed to issue further guidance by the end of the year specifically on how prosecutors should reward companies that adopt compensation incentives and penalties that promote compliance. READ MORE