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Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan. ...more

Employee Benefits and Executive Compensation: Getting Ready for 2024 – Top-Hat Plans — Special Edition Podcast [Audio]

In the final installment of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Jim Earle and Josh Gelfand discuss the basics of top-hat plans — what they are and the necessary steps to...more

Navigating Noncompetes: A Comprehensive Guide – Part 1 – Hiring to Firing Podcast [Audio]

In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners...more

Delaware Updates Rules for Equity Award Delegations

A board of directors of a Delaware company may delegate its authority to grant equity awards if certain requirements enumerated in the Delaware General Corporation Law (DGCL) are met. Effective August 1, 2023, updates were...more

Clawback Policies Required by December 1

The New York Stock Exchange (NYSE) and Nasdaq amended their previously proposed clawback listing standards on June 5 and June 6 respectively to give listed companies until December 1 to adopt required clawback policies. On...more

New Planning Opportunities Inspired by IRS Memo on Taxation of Equity Awards

Synopsis - The Internal Revenue Service (IRS) released a Generic Legal Advice Memorandum, GLAM 2020-004 (the IRS Memo) dated May 18, 2020 addressing the timing of income and payroll tax withholding on three types of employee...more

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