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Sponsored by Lorman Education
Product ID: 405428EAU
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Clawback Agreements and Provisions in Business Contracts

OnDemand Webinar (89 minutes)

Join us for your comprehensive guide to understanding clawback agreements and provisions in business contracts.Several recent high-profile corporate scandals demonstrate the importance of having clawback policies to disincentivize employee misconduct and enable employers to recoup previously paid compensation from employees. This topic helps HR and legal professionals understand how to draft clawback agreements and clawback provisions in business contracts that are effective and comprehensive, and also comply with state law and tax law requirements and provides a refresher on the history and use of clawbacks, as well as the clawback requirements for public companies under the Sarbanes-Oxley Act, exchange listing standards, and the proposed Dodd-Frank clawback rule. The information discusses the latest trends in clawbacks, including the use of forfeitures instead of clawbacks and the revision of misconduct triggers in clawback agreements and clawback provisions. You should emerge with an understanding of the current best practices in drafting clawback agreements and clawback provisions in business contracts.


Rina Fujii, Epstein Becker & Green, P.C. Gretchen Harders, Epstein Becker & Green, P.C. Susan Gross Sholinsky, Epstein Becker & Green, P.C.


Historic Development and Use of Clawbacks

Identifying Tax Issues in Enforcing Clawbacks

• IRC Section 409A Compliance

• Tax Treatment of Enforcement for Employer

• Tax Treatment of Enforcement for Employee

How to Address State Law Issues in Clawback Agreements and Clawback Provisions

• Enforceability Clawback of Monies Paid in Respect of Failure to Comply With Restrictive Covenants and Other Post-Employment Restrictions

• Wage and Hour Laws Implicated by Clawbacks

• Wage Deduction Laws

Public Company Clawback Requirements

• Sarbanes-Oxley Requirements

• Exchange Listing Standards

• Proposed Dodd-Frank Act Clawback Rule

Trends in and Best Practices for Drafting and Enforcing Clawbacks

• Use of Forfeitures Instead of Clawbacks

• Revision of Misconduct Triggers in Clawback Agreements and Clawback Provisions

• Best Practices in Drafting