Will Courts' Reluctance to Address Executive Compensation Push Congress to Act?
Significant constituencies are pushing for changes in the oversight of executive pay in the United States, writes attorney Joseph E. Bachelder III. Many in the academic world and in the media have pushed for legislative as well as other changes. However, courts do not like being arbiters of disputes over what is reasonable compensation, as shown by the recent, abrupt conclusion of New York state's lawsuit against Richard A. Grasso.
In the Goulston & Storrs 2017 General Counsel Survey, fifteen percent of GCs or in-house counsel say they have the most difficulty identifying exposures, and this emerging risk is reshaping their role.
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