Performance Based Equity Compensation
Performance reviews have long been a staple in the corporate world, but are they really serving their intended purpose? Keeping in mind workplace dynamics and employee expectations, traditional performance reviews are...more
Executives at both public and private companies commonly receive performance-based incentives. The objective is to link compensation closely to a firm's financial results. These performance-based incentives can take many...more
As companies look ahead to the upcoming proxy and annual report season, the SEC has generated a number of new items to add to your compliance checklist – in addition to those covered in last year's list. Those items, along...more
Unlocking the full potential of your employees is not just a lofty goal but a strategic necessity. When you invest in developing the strengths of your team members, you create a motivated, productive, and engaged workforce...more
Performance reviews are a crucial part of any organization’s growth and success. They provide an opportunity to assess employee performance, set goals, and offer constructive feedback. However, not all conversations during...more
The Centers for Medicare & Medicaid Services (CMS) announced a new primary care model—the Making Care Primary (MCP) Model—geared towards smaller, independent primary care practices and organizations that want to participate...more
In an increasingly competitive market for sophisticated and experienced professional and investment talent, family offices are seeking and applying new approaches to attract and retain top level executives. Transactional Tax...more
Addressing an employee's failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee....more
If there ever is an example of a rotten corporate culture, Wells Fargo sits at the head of the class. Since Wells Fargo’s sales pressure scandal, Wells Fargo has continued to suffer from a string of scandals and misconduct. ...more
As a result of recent market trends, US public companies and their compensation committees face challenging decisions as they seek to maximize shareholder value while retaining and competitively incentivizing key employees....more
Today's post continues the discussion of the SEC's recent adoption of rules requiring the securities exchanges to adopt listing standards requiring listed companies to develop and implement policies providing for the recovery...more
Corporations depend on strategic objectives and performance metrics. Senior executives declare the objectives and the metrics they’ll use to measure employees’ progress toward those goals, and employees get to work achieving...more
With Florida’s pro-business climate and warm weather, the state has always been a target for corporate headquarter relocation and business expansion. Couple that with the elimination of the SALT deduction and a focus on...more
On June 16, 2021, the U.S. House of Representatives passed H.R. 1187 (the “Corporate Governance Improvement and Investor Protection Act”), which would require the Securities and Exchange Commission (“SEC”) to establish rules...more
On October 28, 2020, HHS announced that it would distribute $333 million to nursing homes that demonstrated significant reductions in COVID-19-related infections and deaths in September. “These $333 million in performance...more
I have often blogged about the thorny issue of bonuses under the FLSA and when those bonuses must be included in the regular rate of employees for overtime purposes. The crucial test is whether the bonus is discretionary,...more
Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more
We all know that economic incentives are critical to promoting performance. Going back to the days of Adam Smith, the U.S. economic growth is the result of a basic motivation – hard work can result in significant...more
With the dawn of the new year, many companies are taking the initial steps that they hope will allow them to meet their financial and strategic goals in 2020 and beyond. Often, one core element of this process is designing a...more
While I hate to start out a posting with such “mumbo jumbo” terms, I had to come up with short hand descriptions of some otherwise fairly complex and robust topics under the new DOJ Guidance....more
Dear YouDig? We decided to expand our plant to meet the needs of a major international customer. This is a game changer for us. We MUST have the expansion completed within 10 months in order to meet the client’s demands or...more
In this episode, Diana Nehro, a shareholder in Ogletree Deakins’ International Practice Group, covers five of the most significant labor and employment concerns for multinational companies. Tune in for a discussion about...more
Section 162(m) of the Internal Revenue Code denies a tax deduction to a public company for compensation paid to certain individuals—called “covered employees”—to the extent that the compensation paid to such individual...more
On December 22, 2017, President Trump signed the bill popularly referred to as the “Tax Cuts and Jobs Act” (the “Act”) into law. The Act contains significant changes to Section 162(m) of the Internal Revenue Code that are...more
It has come to our attention that some examiners have recently been carefully scrutinizing financial institutions’ employee compensation arrangements. Although it now appears unlikely that the proposed Dodd-Frank rules on...more