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David B. Pitofsky, a partner at Goodwin Procter, and Matthew Tulchin, an associate at the firm, write: While current compensation numbers are staggering, especially when juxtaposed with unparalleled business losses, the situation is far from unprecedented. Earlier this decade, exposure of fraud at companies like Enron and WorldCom highlighted the inadequacy of the system to recoup inappropriately paid-out executive compensation and led to several legal options, including the Sarbanes-Oxley Act, civil enforcement actions, and fines provided by criminal statutes, the government may now try to use to recoup or "claw-back" unearned performance-based pay.
January 28, 2009 at 12:00 AM
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