Available in:

OnDemand Course

Clawback Agreements and Provisions in Business Contracts

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.

89 minutes
Certificate of Completion
Purchase Options

More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
Purchase Options

More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on May 13, 2019.

Call 1-866-352-9540 for further credit information.

  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rina Fujii

Rina Fujii

Epstein Becker & Green, P.C.

  • Associate in the employee benefits and executive compensation practice, Epstein Becker & Green, P.C.
  • Advises clients on executive compensation issues, including executive incentive compensation plans, executive employment and severance agreements, and Section 409A compliance
  • Advises clients on employee benefit plan design and compliance matters
  • Drafts and negotiates employment, retention, severance, and termination agreements
  • J.D. degree, Columbia Law School; A.B. degree, Harvard College
  • Can be contacted at 212-351-4686 or [email protected]
Gretchen Harders

Gretchen Harders

Epstein Becker & Green, P.C.

  • Member of the firm in the employee benefits and executive compensation practice, Epstein Becker & Green, P.C.
  • Advises both corporate and individual clients on executive compensation issues, including the design of executive employment and severance agreements, incentive compensation agreements, and Section 409A compliance, with a concentration in cross-border executive compensation and the Dodd-Frank Wall Street Reform Act
  • Included in The Best Lawyers in America© (2014 to 2019) in the field of Employee Benefits (ERISA) Law; recommended by The Legal 500 United States (2013, 2014, 2018), in the category of employee benefits, executive compensation and retirement plans design; and named to the New York Metro Super Lawyers list (2013-2018) in the area of employee benefits
  • Frequently writes and speaks on various employee benefits and executive compensation issues and developments
  • J.D. degree, University of Minnesota Law School; B.A. degree, University of Chicago
  • Can be contacted at 212-351-3784 or [email protected]
Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker & Green, P.C.

  • Partner in Epstein Becker & Green, P.C.’s New York office, and vice chair of its Employment, Labor & Workforce Management Practice, and of its Diversity & Professional Development Committee
  • Counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims
  • Conducts workplace training seminars for employees, managers, and human resources personnel, including compliant harassment avoidance and respect in the workplace training
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
  • J.D. degree, Northwestern Pritzker School of Law; B.S. degree, Cornell University, College of Industrial and Labor Relations
  • Can be contacted at 212-351-4789 or [email protected]
Purchase Options

More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 405428
Published 2019
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!