June 02, 2008 | Law.com
Executive Compensation: Public vs. Private-Equity-Controlled CompaniesHow do executive pay programs in publicly traded companies compare with those in private-equity-controlled companies? 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? Attorney Joseph E. Bachelder III examines the issue.
By Joseph E. Bachelder III
14 minute read
August 30, 2004 | New York Law Journal
Executive CompensationJoseph E. Bachelder III writes that new procedural requirements that self-regulatory stock exchanges must follow, new requirements of director independence, and judicial developments on director independence and good faith require study.
By Joseph E. Bachelder III
15 minute read
May 30, 2007 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that Section 409A of the Internal Revenue Code, which became law Oct. 22, 2004, accelerates inclusion in ordinary income of certain forms of deferred compensation that fail to meet its requirements. In doing so, it imposes an additional tax of 20 percent and an additional interest charge of 1 percent.
By Joseph E. Bachelder III
20 minute read
August 27, 2008 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that the state of New York's lawsuit against Richard A. Grasso, which had all the earmarks of an egregious case of overpayment of compensation to an executive together with evidence of dubious corporate behavior in the setting of that compensation, appeared to offer an ideal opportunity for New York courts to address the issue of what is reasonable compensation. Instead, the abrupt conclusion of the case showed that courts do not like being arbiters of disputes over executive pay.
By Joseph E. Bachelder III
20 minute read
May 05, 1999 | Law.com
Inducing an Executive to Change JobsA recently filed lawsuit raises the question: Can a recruiting firm be liable for tortious interference where it helps an executive find a position with a competitor, in violation of the executive's own employment contract with the plaintiff? This paper examines these issues under New York law and concludes that the answer is -- possibly.
By Joseph E. Bachelder III
12 minute read
May 29, 2002 | New York Law Journal
Executive CompensationW ith a large number of "underwater" stock options outstanding due to lower stock prices, many employers are trying to revitalize their stock option programs.
By Joseph E. Bachelder Iii
15 minute read
March 31, 2006 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, analyzes potential substantial changes from current rules including eight new or modified tables, expanded narrative disclosure, a new Compensation Discussion and Analysis, and more.
By Joseph E. Bachelder III
13 minute read
October 30, 2007 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, writes that the IRS extended through Dec. 31, 2008 the transition period relief for compliance with plan documentation requirements. On Oct. 22, in response to many complaints over the limitation of the extension just to plan documentation, the IRS expanded the scope of the extension to include operational compliance requirements as well.
By Joseph E. Bachelder III
10 minute read
October 21, 2004 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, reports on significant changes affecting permissible distributions, elections to defer and certain funding and other securitization arrangements.
By Joseph E. Bachelder III
15 minute read
May 31, 2006 | New York Law Journal
Executive CompensationJoseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses some of the criticisms of the process by which boards of directors � in most cases compensation committees � of U.S. public companies set the pay of CEOs and other senior management.
By Joseph E. Bachelder III
14 minute read