Addressing Underwater Stock Options

Given the significant decline in the stock prices of many companies over the past several months of 2022, a number of companies are reassessing their equity programs and considering repricing outstanding employee stock options.1 Companies are concerned that significantly "underwater" options no longer provide the incentives to employees that were intended when they were originally granted. They also fear they may lose employees to other companies where these employees can receive new options at today's lower exercise prices. READ MORE

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