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Joseph E Bachelder Iii

Joseph E Bachelder Iii

March 21, 2014 | New York Law Journal

Executive Compensation Under Dodd-Frank: an Update

In 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 Developments

In 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 LLC

Complaint 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 LLP

Court 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 Value

In 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 Term

In 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 Awards

In 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 Update

In 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 Pay

In 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 Members

In 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