As a follow-up to my post entitled "Thoughts When Linking Public Company Executive Pay to D&I Initiatives," I think it is important to share, at least at a high level, the legal framework for diversity, equity and inclusion programs (i.e., it is important to successfully navigate employment laws prior to the Board taking action so that the employer can avoid legal foot faults while trying to do the right thing). One of my partners, Emily Burkhardt Vicente (co-chair of our Labor & Employment Practice), did just that when she authored an article for Banking Exchange entitled "Enhancing Diversity & Inclusion in the Financial Sector: Practical Strategies for Recruiting and Retaining Diverse Talent." The article was written for employers in the financial sector, however, the legal framework and strategies discussed therein are applicable to all employer sectors. More coming!
- Partner
Tony’s multi-disciplinary legal practice focuses on executive compensation, ESOPs and employee benefit arrangements (including their related tax, accounting, securities and corporate governance issues) in the United ...
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We host a monthly webinar series on executive compensation. At this upcoming Thursday's webinar (held at 10:00 am Central on March 9, 2023), we are covering compensation designs and market practices associated with compensating key employees of a start-up corporation. Topics discussed include: (i) how to share in the dream without cash outlay, (ii) ideas on timing taxation with cash liquidity, (iii) employment-related considerations, and (iv) tax efficiency considerations. You can sign up HERE. Part 1 of 2 focused on "Founder" compensation designs and that slide deck can be ...
This Post will begin a series of blog entries focused on the topic of linking executive pay to a publicly-traded issuer's diversity and inclusion ("D&I") initiatives. As background, there has been a recent push to hold executives accountable for the effectiveness of an issuer's D&I initiatives by linking their executive pay to the success of such initiatives. Pretty straight forward (i.e., the success of the D&I initiative becomes one of the metrics in the issuer's performance-based compensation strategy).
On Wednesday, September 30, 2020, we will be hosting a webinar entitled "The SEC's New Human Capital Rule, Workplace Diversity and Compensation Design: Year-End Disclosures and the Board Agenda 2020". The purpose of this webinar is to cover the SEC's new Human Capital rule and how such disclosure will interplay and impact any diversity and inclusion ("D&I") initiatives of the issuer. In particular, the speakers will share thoughts on how top down D&I initiatives could be structured from a compensatory perspective (i.e., top down meaning D&I initiatives are incorporated into ...
On July 22, 2020, the Securities and Exchange Commission adopted final rules and supplemented interpretative guidance that modify the proxy rules as applied to proxy advisory firms and clarify the fiduciary duties of investment advisers when voting proxies. One of our rising stars (Chelsea Lomprey) did the heavy lifting in drafting a client alert on the subject, and such can be found HERE.
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