Tag Archives: Clawback

How Much Privilege Review is Required Under a Clawback Agreement?

An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil Action 17-1434 (W.D. Pa. Feb. 25, 2019), one party produced privileged documents and requested their … Continue reading

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HOLIDAY GIFT FROM THE IRS – NO CLAWBACK WORRIES

Similar to concerns in 2012 when there were concerns about a reduction in the unified credit, the 2026 sunset of the $5 million increase in the unified credit basic exclusion amount for gift and estate taxes under the 2017 Tax … Continue reading

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The SEC's Latest Use of its SOX Section 304 Compensation Clawback Authority

In the latest example of the SEC's use of its compensation clawback authority under Section 304 of the Sarbanes-Oxley Act, the SEC reached a settlement with the former CFO of Beazer Homes to return more than $1.4 million in bonus … Continue reading

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Fort Washington Bankruptcy Discusses Trustee Clawback in Shapiro & University of Miami Mess

Keeping in mind that this author is a Fort Washington bankruptcy attorney — and that limits my familiarity with out-of-state exemption law (indeed, there are at least 52 different exemption schemas in Chapter 7 bankruptcy) — it is nonetheless easy … Continue reading

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