On Monday, May 2, 2016, the Federal Reserve and, on Friday, May 6, 2016, the SEC issued their versions of a reproposed rule to regulate incentive compensation at the financial institution...
Following is the Davis Polk visual memorandum reporting on the proposed rule jointly issued by four of the six Agencies implementing Dodd-Frank Act Section 956 regarding incentive compens...
On March 29, 2016, the District Court of Massachusetts issued a highly controversial opinion in the Sun Capital case, holding that multiple private equity funds managed by Sun Capital wer...
On April 6, 2016, the U.S. Department of Labor (the “DOL”) issued final regulations expanding the definition of a “fiduciary” with respect to pension and retirement plans, IRAs an...
In two recent cases, the SEC affirmatively decided not to bring clawback actions under Section 304 of the Sarbanes-Oxley Act (“SOX”) against executives who reimbursed their respective...
The recent market turmoil has forced VC firms and other private company investors to examine closely the real possibility of seeking financing at a lower valuation – what is often refer...
Facebook has announced its settlement of a lawsuit filed in June 2014, alleging that its board of directors breached their fiduciary duties and unjustly enriched themselves and wasted cor...
The past year has seen the issue of financial sector pay continue to generate headlines. With the EU having put in place a complex web of overlapping law, regulation and guidance during 2...
On August 5, 2015, in a 3-2 vote, the SEC adopted a final rule implementing the provision of the Dodd-Frank Act that requires U.S. public companies to disclose the ratio of their CEO’s ...
Corporate governance is no longer just a hot topic for rarefied conversation; it is a permanent element in corporate valuations. This year, we witnessed the continuation of many trends th...
