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Partners Doreen E. Lilienfeld and Gillian Emmett Moldowan and associate Matthew Weston authored a checklist that outlines considerations for companies contemplating the implementation of a compensation recoupment, or clawback, policy in Lexis Practice Advisor.
Over the last decade, institutional shareholders and governance activists have increased focus on clawback provisions as a significant corporate governance and executive compensation issue. This checklist identifies first steps for adopting a clawback policy and details nine fundamental design considerations, including the triggering event, types and amount of compensation subject to the policy and duration of the clawback.
