As the government becomes increasingly more entangled in securing the financial footing of struggling companies, it may try to use several legal options that arose post-Enron, including the Sarbanes-Oxley Act, civil enforcement actions, and fines provided by criminal statutes, to recoup or "clawback" unearned performance-based pay. Attorneys David B. Pitofsky and Matthew Tulchin analyze the success of past recoupment actions and discuss what options may be available in the future.
Limiting, Clawing Back Executive Pay in the Wake of Financial Bailout
New York Law Journal
January 29, 2009
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