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Home > Legal Services > Executive Compensation > Blog

Executive Compensation

Michael Melbinger
T: +1 (312) 558-7588 | Email

Employee Benefits and Executive Compensation

Employee Retirement and Pension Plans

ERISA Litigation

Stock Option and Other Equity-Based Incentive Plans Board of Directors and Compensation Committee Counseling Corporate Governance Employment Contracts and Change in Control Agreements Benefits Issues in M&A Transactions

Health and Welfare Benefits

November 5, 2009

Will the SEC Apply New Executive Compensation Disclosure Rules for 2010 Proxy Season?

Inquiring minds want to know whether the SEC will apply new executive compensation disclosure rules for 2010 Proxy Season. This morning, Broc Blogged on the remarks of SEC Chair Mary Schapiro made yesterday at the PLI's annual Securities Law Institute as follows:

But she did not indicate when the proposals would be adopted (a set of proposals that includes the proposed executive compensation rules). At this point, it's clear that these . . .

October 30, 2009

New Tax Provisions in "Health Reform" Legislation

One of my partners Loran Thompson just passed on to me the tax provisions contained H.R. 3200, the "health care" bill that was introduced in the House yesterday:

SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS.

(a) GENERAL RULE.—In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to—

1 percent of so much of the modified adjusted gross income of the tax . . .

October 29, 2009

More 409A Relief Coming?

A hot new rumor in the world of executive compensation professionals is that the IRS will be announcing a "one last chance to fix your documents for 409A" program in the very near future (okay, so we tend to get excited by little things). IRS Senior Counsel Stephen Tackney made the announcement at an ABA meeting. Apparently the document correction program would function like the operation failure correction program in IRS Notice 2008-113. That is, plan sponsors would have to self-correc . . .

October 28, 2009

Details on the Pay Czar's Cutbacks on Executive Pay

Last Thursday, Special Master Kenneth Feinberg (the so-called "Pay Czar") released his determinations as to the executive compensation packages for 175 senior employees working for the seven largest companies receiving extraordinary financial assistance through TARP (just moments after I clicked the "publish" button on Thursday's Blog, observing that all reports on the Special Master's determination were merely speculation). As I commented last week, I am 100% against the gover . . .

October 26, 2009

Federal Reserve Proposes to Regulate Employee and Executive Compensation

Almost lost amid the hubbub over last Thursday's release of the Special Master's required compensation cutback for the seven largest TARP recipients was the Federal Reserve Board's release of Proposed Guidance on Sound Incentive Compensation Policies. As with other governmental agencies, the Fed's proposed rules focus on assessing and managing the risks created by incentive compensation plan (see 6 out of my last 10 Blogs).

Under the proposed regulations, the Fed gives i . . .