The prevalence of clawback policies in executive compensation arrangements has grown dramatically in the last few years, as such provisions have been statutorily mandated and closely tracked by corporate governance professionals and proxy advisory firms.
Nevertheless, a consensus about best practices in drafting and implementation has yet to emerge. A review of the landscape reveals variation in both the scope and the structure of recently adopted clawback polices. In light of the new requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the act), we expect increasing standardization of language and approach.
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