March 21, 2014 | New York Law Journal
Executive Compensation Under Dodd-Frank: an UpdateIn his Executive Compensation column, Joseph E. Bachelder of McCarter & English summarizes the current status of regulation projects under Dodd-Frank Sections 951 through 957, covering executive compensation.
By Joseph E. Bachelder III
14 minute read
January 06, 2014 | New York Law Journal
Carried Interests: Current DevelopmentsIn his Executive Compensation column, Joseph E. Bachelder III, special counsel to McCarter & English, discusses a First Circuit decision that a private equity fund was engaged in a trade or business for purposes of ERISA, which has caused considerable comment on the issue of whether such the same may be held for purposes of capital gains tax treatment on the sale of the fund's portfolio companies, along with proposed federal income tax legislation on capital gains tax treatment.
By Joseph E. Bachelder III
15 minute read
June 28, 2010 | New York Law Journal
Wood v. Capital One Services LLCComplaint Alleges Credit Card's Servicer Not Covered by Act?s 'Affiliate' Exception
By Joseph E. Bachelder III
2 minute read
June 28, 2010 | New York Law Journal
In re Coudert Brothers LLPCourt Upholds Denial of Firm's $87 Million Claim Against Bankrupt Former Counsel
By Joseph E. Bachelder III
2 minute read
September 27, 2012 | New York Law Journal
Targeting Total Shareholder Return Versus Creating Long-Term ValueIn his Executive Compensation column, Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses whether governance of long-term pay for executives is losing some of its focus on that objective. In particular, he examines the current emphasis on Total Shareholder Return, which measures stock growth or decline (plus dividends) between two dates (sometimes trading day averages ending on corresponding dates are used instead).
By Joseph E. Bachelder III
11 minute read
July 17, 2013 | New York Law Journal
'Pay for Investment': Looking to the Long TermIn his Executive Compensation column, Joseph E. Bachelder III, special counsel to McCarter & English, discusses how to design executive pay to encourage commitment by executives to the longer-term interests of their employers.
By Joseph E. Bachelder III
13 minute read
September 30, 2013 | New York Law Journal
Failure to Account for Risk in Reporting Equity AwardsIn his Executive Compensation column, Joseph E. Bachelder III, special counsel to McCarter & English, writes that treating a "dollar" of equity award as the equivalent of a dollar of salary - without taking into account risk factors such as market risk during the vesting period, dependence on performance targets, clawbacks or forfeiture upon termination - clearly exaggerates the value of the equity award and the value of total compensation.
By Joseph E. Bachelder III
15 minute read
December 01, 2011 | New York Law Journal
Say-on-Pay: An UpdateIn his Executive Compensation column, Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that there has been widespread support of say-on-pay by institutional shareholders, institutional shareholder advisors, academics and others and analyzes the issues raised.
By Joseph E. Bachelder III
14 minute read
December 21, 2012 | New York Law Journal
Assigning Value to Long-Term Incentive PayIn his Executive Compensation column, Joseph E. Bachelder III, a special counsel to McCarter & English, asks: 'Can we really expect to find a simple, concise explanation of value where there are so many different ways of looking at such value?'
By Joseph E. Bachelder III
13 minute read
April 12, 2013 | New York Law Journal
Exchange Rules on Independence of Compensation Committee MembersIn his Executive Compensation column, Joseph E. Bachelder III, special counsel to McCarter & English, discusses new rules issued by the NYSE and NASDAQ, both reflecting Dodd-Frank, but with the difference that the NASDAQ makes a "bright line" rule as to compensation paid by the listed company to a director, where the NYSE leaves discretion to the board to determine whether the described compensation is sufficiently material to preclude a director from being independent.
By Joseph E. Bachelder III
13 minute read