New DOJ and SEC Compensation Clawback Policies – Easier Said Than Done?

April 13, 2023  |  New York Law Journal

DOJ's new Pilot Program for clawing back executive compensation and the SEC's long-awaited Rule 10D-1 demonstrate that the Biden administration has placed clawbacks at the forefront of its white-collar enforcement priorities. Without express statutory authority behind them, however, clawbacks face substantial hurdles under existing state law. As a result, these new programs may have less practical impact than policymakers envision. In our latest article for the New York Law Journal, "New DOJ and SEC Compensation Clawback Policies - Easier Said Than Done?," we examine these two new programs and discuss some of the issues companies must consider in implementing them.

New DOJ and SEC Compensation Clawback Policies – Easier Said Than Done? (pdf | 150.10 KB)