Joseph E Bachelder Iii

August 25, 2011 | New York Law Journal

In his Executive Compensation column, Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that say-on-pay raises a number of questions, of which the basic question is: Are the individuals who constitute most of the "ultimate ownership" of American enterprises being served well by say-on-pay under Dodd-Frank Section 951?

By Joseph E. Bachelder III

15 minute read

October 28, 2009 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that on Jan. 1, 2009, BofA shareholders paid $29.1 billion in BofA stock for a business that had lost $27.6 billion in 2008. At the end of 2008, prior to the close of the merger, Merrill awarded approximately $3.6 billion in bonuses to its employees; those bonuses, he says, have become a major issue because of claims that shareholders were misled in exercising their vote on Dec. 5, 2008, by lack of information and/or by misinformation as to the size of the bonuses. The overriding economic issues of concern in BofA's acquisition of Merrill are obviously Merrill's losses and the price paid by BofA for a company with such staggering losses, he concludes.

By Joseph E. Bachelder III

16 minute read

March 19, 2002 | New York Law Journal

S upplemental executive retirement plans (SERPs) are playing an increasing role in executive compensation packages. Most SERPs represent an unfunded obligation of the employer. SERPs usually are "on top of" tax-qualified retirement plans, which are funded but are limited in amount.

By Joseph E. Bachelder III

14 minute read

March 29, 2007 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, analyzes two decades of legal, tax and accounting changes directed at reforming "excessive" executive pay and what, if any, impact such changes have had on the levels of executive pay.

By Joseph E. Bachelder III

19 minute read

May 27, 2011 | New York Law Journal

In his Executive Compensation column, Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses clawbacks under SOX, the Emergency Economic Stabilization Act of 2008, and Dodd-Frank; corporate clawback policies and practices that exist without regard to the provisions of these federal acts; and tax differences between clawbacks and the forfeiture of "holdbacks."

By Joseph E. Bachelder III

18 minute read

April 20, 2009 | Law.com

The recovery legislation enacted in February amends the Emergency Economic Stabilization Act of 2008, which contains restrictions on executive compensation applicable to institutions receiving financial assistance under the Troubled Assets Relief Program. Attorney Joseph E. Bachelder III analyzes the changes, which expand the number of executives covered, impose stricter limitations on compensation payments, prohibit severance payments to certain executives and add new corporate governance standards.

By Joseph E. Bachelder III

16 minute read

October 31, 2006 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder LLP, discusses the economic and legal issues involved in senior executive severance arrangements in the context of what is customarily called a termination by the employer without "cause," or a voluntary termination by the executive for "good reason," which often has similar consequences.

By Joseph E. Bachelder III

23 minute read

May 30, 2008 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, asks: How do executive pay programs in publicly traded companies compare with those in private-equity-controlled companies? Can valid comparisons be made or do differences between the two environments prevent meaningful comparisons of pay packages? To the extent comparisons can be made, do they support, or not support, suggestions in the media that private-equity-controlled companies are attracting key executives away from public companies by offering them larger pay packages?

By Joseph E. Bachelder III

14 minute read

March 27, 2008 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses the new position of the IRS that guaranteeing bonus and other incentive awards upon terminations without cause and terminations for good reason can disqualify the incentive compensation for the performance-based plan exception under Section 162(m) of the Internal Revenue Code.

By Joseph E. Bachelder III

13 minute read

August 31, 2006 | New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, reviews the new executive compensation disclosure rules, including rules aimed at the problem of stock option exercise price manipulation.

By Joseph E. Bachelder III

20 minute read