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(0:00) Intro.(2:09) About the podcast sponsor: The American College of Governance Counsel.(2:56) Start of interview. *Reference to prior episode with Richard (E126 from Feb 2024).(3:46) About his firm's 2024 SV150 Corporate Governance Report.(9:04) On Virtual (Stockholder) Meetings (89% of SV150).(11:23) Board Committee Structures. Audit, Comp, NomGov, and Others.(14:02) On SV150's approach to ESG, impact of new SEC.(18:53) On the evolution of boardroom diversity, impact of CA laws and Nasdaq Diversity Rule.(21:40) Why private ordering will become more important in corporate governance.(22:28) On dual or multi class share structures (-30% of SV150, and of those, 91% have sunset provisions).(25:25) On ServiceTitan's compounding IPO ratchet (reference to my article about it). "Governance is a spectrum"(31:29) On evolution of shareholder proposals in SV150. *Reference to E15 with Jim McRitchie.(36:30) On shareholder activism (7.4%) in SV150.(41:41) On the clawback policies of SV150 companies(48:27) On the backlash to Delaware incorporations and SV moving out of CA. Reference to WSGR's DE's Status as the Favored Corporate Home.(51:49) Biggest winner in business in 2024(53:27) Biggest loser in business in 2024(54:27) Biggest business surprise in 2024 (56:53) Best and worst corporate governance trend from 2024(58:28) What's the biggest corporate governance trend to watch out for in 2025Richard Blake is a partner at Wilson Sonsini and the leader of the firm's public companies' practice. You can follow Evan on social media at:X: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__To support this podcast you can join as a subscriber of the Boardroom Governance Newsletter at https://evanepstein.substack.com/__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
John Berryhill explains why you should be cautious of country code domains and discusses an auction clawback lawsuit. Attorney John Berryhill joins us on today's show. John explains how Stuart Lawley, who passed away recently, helped John take the step to start his own law practice. Then we talk about country code domain names and […] Post link: ccTLD warning and auction clawbacks – DNW Podcast #513 © DomainNameWire.com 2024. This is copyrighted content. Domain Name Wire full-text RSS feeds are made available for personal use only, and may not be published on any site without permission. If you see this message on a website, contact editor (at) domainnamewire.com. Latest domain news at DNW.com: Domain Name Wire.
Welcome to The Adviser's What's Making Headlines podcast, your go-to source for the week's biggest stories in finance and real estate, distilled into bite-sized insights. Join host Annie Kane as she unpacks the big themes in the news. This week, she covers: AMP Bank becomes the latest lender to change clawbacks. Another major pushes back rate cut forecast. The broker winners of the Women in Finance Awards 2024 And much more!
In today's Broker Daily Uncut, hosts Phil Tarrant and Alex Whitlock discuss the latest clawback move from a major lender, as well as moves from brokers to see clawbacks removed entirely. Tune in to find out: How NSW location elections are tied with property. NAB's updated clawback policy. The latest updates on broker payroll tax. And much more!
Nationally syndicated financial columnist and author Terry Savage joins John Williams to talk about markets continuing to stay strong and the latest news on Social Security clawbacks. Terry also answers all of your financial questions.
In March 2023, the Criminal Division of the Department of Justice announced a three-year Pilot Program Regarding Compensation Incentives and Clawbacks, which seeks to reward companies that incentivize compliance through their compensation systems and hold wrongdoers financially accountable for their misconduct. At the intersection of employment law and criminal law, this panel will discuss DOJ expectations under the program, its application to corporate criminal resolutions during year one, and strategic considerations for companies seeking to maximize credit under the program. Come hear from a leader of the U.S. Attorney's Office for the District of Massachusetts and seasoned practitioners from the white-collar defense and labor and employment bars. Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org
International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast
I was honoured to be invited by Ellen Roseman to speak with her Investment Club about the 6 key lessons I have learned as a fee-for-service financial planner. They have had investment guest speakers, but never someone just talking about financial planning. Ellen Roseman is a journalist who sticks up for ordinary Canadians. Her personal finance & consumer columns appeared in the Toronto Star for 20 years, she was the Star's business editor, a columnist for the Globe and Mail, associate managing editor of the Globe's Report on Business, author of 4 books, has a podcast, and she's been teaching courses on investing and personal finance at the University of Toronto. My views are common sense based on experience writing over 1,000 financial plans and making them work for the lives of our clients. However, they are unconventional compared to the investment industry's normal practices. In this podcast episode you'll learn: Why dividend investing is a brain fart. Why almost nobody can retire comfortably with a balanced or conservative portfolio. Why risk tolerance is a learned skill. How marginal tax brackets, including clawbacks of government programs, can change your financial plan completely. Why taking advantage of leveraged investing, such as the Smith Manoeuvre, can be the best growth strategy for the right people done the right way over the long term. The importance of having a financial plan, and why it's the road map to the life you want.
“The Week in Review” is where we talk about current events for the everyday investor and homebuyer.Watch the Youtube videoVisit our website to register for our free events or book a free, no obligation meeting to learn how we can help.THIS WEEK IN REVIEW TOPICS:Topic #1: Interest.co.nz 2nd of April -The housing market is heading into winter with a shed load of unsold properties looking for buyersTopic #2: Good Returns 2nd of April -Clawbacks could sneak onto ComCom agendaTopic #3: Interest.co.nz 3rd of April- Zoning, housing regulations, and Kāinga Ora are all in the spotlight in the Coalition Government's three month planTopic #4: RNZ 4th of April -More houses for sale, high interest rates keep price gains lowTopic #5: NZ Herald 3rd of April-KiwiSaver contributions: Big gap between men and womenJoin OUR NEW EVENT: https://www.propertyapprentice.co.nz/auckland-events/Book a Meeting with Paul Roberts: https://www.propertyapprentice.co.nz/free-strategy-call/Support the show*Nothing from this episode should be taken as individual financial advice. *Property Advice Group Limited trading as Property Apprentice has been granted a FULL Licence with the Financial Markets Authority of New Zealand. (FSP Number: FSP157564) Debbie Roberts | Financial Adviser (FSP221305) For our Public disclosure statement please go to our website or you may request a copy free of charge.
Welcome to The Nonlinear Library, where we use Text-to-Speech software to convert the best writing from the Rationalist and EA communities into audio. This is: FTX expects to return all customer money; clawbacks may go away, published by MikhailSamin on February 14, 2024 on The Effective Altruism Forum. New York Times (unpaywalled): When the cryptocurrency exchange FTX declared bankruptcy about 15 months ago, it seemed few customers would recover much money or crypto from the platform. As John Ray III, who took over as chief executive during the bankruptcy, put it, "At the end of the day, we're not going to be able to recover all the losses here." He was countering Sam Bankman-Fried's repeated claims that he could get every customer their money back. Well, it turns out, FTX lawyers told a bankruptcy judge this week that they expected to pay creditors in full, though they said it was not a guarantee and had not yet revealed their strategy. The surprise turn of events is raising serious questions about what happens next. Among them: What does this mean for the lawsuits FTX has filed in an attempt to claw back billions in assets that the company says it's owed? Will the possibility that customers could be made whole be raised at Bankman-Fried's sentencing? Will potential relief for customers help his appeal? [...] Some of the clawback cases involve allegations of fraud, but not all do. Before fraud claims are argued, there is typically a legal fight over whether a company was insolvent at the time of the investment or that the investment led to insolvency. If every FTX creditor stands to get 100 cents on the dollar, the clawback cases that don't involve fraud wouldn't serve much of a financial purpose and may be more difficult to argue, some lawyers say. "In theory, clawbacks may go away there," said Eric Monzo, a partner at Morris James who focuses on bankruptcy claims. Court proceedings: we can now cautiously predict some measure of success. Based on our results to date and current projections we anticipate filing a disclosure statement in February describing how customers and general unsecured creditors, customers and general unsecured creditors with allowed claims, will eventually be paid in full. I would like the Court and stakeholders to understand this not as a guarantee, but as an objective. There is still a great amount of work and risk between us and that result, but we believe the objective is within reach and we have a strategy to achieve it. Thanks for listening. To help us out with The Nonlinear Library or to learn more, please visit nonlinear.org
Last year, one million Americans got a letter in the mail – the Social Security Administration miscalculated their benefits. They had been overpaid, and now, the government wanted that money back within 30 days. How much money? In one couple's case, it was almost $70,000 and in another's, it was $52,000. Most of us don't have thousands of dollars to spare. Especially when we're retired or nearing our retirement years, every dollar counts. So how do you prepare ahead of time if you're one of the one million people to receive these letters — and is there a way to fight the system? Larry Kotlikoff and Terry Savage join us to discuss their new book “Social Security Horror Stories: Protect Yourself from the System and Avoid Clawbacks.” Listen in to hear what you can do to avoid Social Security clawbacks and the next steps if you receive a letter asking for repayment. Join the HerMoney community! For the latest episode drops and financial news-you-can-use, subscribe to our newsletter at Hermoney.com/subscribe! The HerMoney with Jean Chatzky podcast is sponsored by Edelman Financial Engines. The podcast team and its host are neither employees nor clients of EFE, however, the show does receive fixed compensation and is a paid endorser and therefore has an incentive to endorse EFE and its planners. To learn more about the sponsorship, please visit PlanEFE.com/HerMoney. Please contact advertising@airwavemedia.com if you would like to advertise on our podcast, and to learn more about Airwave, head to www.airwavemedia.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Open communication, achievable goal setting, and a positive work environment can help sales professionals meet targets without resorting to punitive measures, ultimately fostering sustainable growth.Dave Kahle, the owner of Kahle Way Sales Systems, explains it all in this episode of Straight Talk! After watching, learn more about how to help your sales force sell better.
Thanks for tuning into this Friday edition of the RealAg Issues Panel on RealAg Radio! Host Shaun Haney is joined by Kelvin Heppner and Lyndsey Smith of RealAgriculture, and Meagan Murdoch of H+K Strategies to discuss a number of topics, including: Eyes on the senate with an upcoming pivotal vote on Bill C-234; Bill C-282... Read More
Thanks for tuning into this Friday edition of the RealAg Issues Panel on RealAg Radio! Host Shaun Haney is joined by Kelvin Heppner and Lyndsey Smith of RealAgriculture, and Meagan Murdoch of H+K Strategies to discuss a number of topics, including: Eyes on the senate with an upcoming pivotal vote on Bill C-234; Bill C-282... Read More
Lowenstein Sandler's Employee Benefits & Executive Compensation Podcast
In today's episode of “Just Compensation,” Kate Basmagian, partner in Lowenstein's Capital Markets & Securities group and chair of the firm's ESG group; Christine Osvald-Mruz, partner in the Employee Benefits & Executive Compensation group; and associate Jessica I. Kriegsfield discuss the new NASDAQ and NYSE clawback policy requirements, including the new listing standards, what companies must include in their clawback policies, and what companies should do now. Speakers: Kate Basmagian, Partner, Chair, ESG Practice Christine Osvald-Mruz, Partner, Employee Benefits & Executive Compensation Jessica I. Kriegsfeld, Associate, Employee Benefits & Executive Compensation
Albemarle, a prominent specialty chemicals company, recently settled a case for $218 million, unraveling a web of bribery payments across Vietnam, Indonesia, and India. The repercussions of this case extend beyond the financial penalty, encompassing a three-year non-prosecution agreement and the application of the Compensation, Incentives, and Clawbacks pilot program. In this episode of Corruption, Crime and Compliance, Michael Volkov shares details of Albemarle's FCPA settlement with the DOJ and SEC, exploring Albemarle's voluntary disclosure, extensive remediation efforts, and a transformative shift in its business model.You'll hear Michael talk about:Albemarle agreed to pay over $218 million to settle investigations conducted by the DOJ and the SEC. This substantial financial penalty is a consequence of alleged bribery payments made by the company in multiple countries.The investigations focused on bribery payments related to various business transactions and dealings made by Albemarle in Vietnam, Indonesia, and India. As part of the settlement, Albemarle entered into a three-year non-prosecution agreement. While the company acknowledges certain wrongdoing, it avoids facing formal prosecution during the specified period if it complies with the agreed-upon terms and conditions.The settlement includes the application of the Compensation, Incentives, and Clawbacks pilot program. This program outlines mechanisms to ensure that executives and employees involved in wrongdoing face appropriate consequences, including clawing back certain incentives and compensation. Albemarle voluntarily disclosed information related to the potential FCPA violations. This proactive step is often a mitigating factor in settlements and reflects a willingness to cooperate with authorities.Albemarle undertook extensive remediation efforts in response to the allegations. This included disciplining employees involved in the wrongdoing, strengthening its anti-corruption program, and making significant changes to its business model and risk management processes.The investigations highlighted Albemarle's use of sales agents in Vietnam, Indonesia, and India. Control deficiencies with third parties in China and the United Arab Emirates (UAE) were also noted, raising concerns about the oversight and due diligence processes related to these external entities.Michael shares details about specific bribery schemes involving state-owned entities such as Petro Vietnam in Vietnam, Pertamina in Indonesia, and IOCL in India. These schemes included practices like modifying tender requirements, providing nonpublic information, and directing agents not to include details in invoices concerning tips to foreign officials.The case underscores the risks of relying on third-party agents to secure contracts, particularly through the example of Albemarle's failure to conduct due diligence on an agent in the UAE. The agent's close ties to the UAE government and royal family contradicted representations made during the due diligence process.KEY QUOTES“And in this case, they rewarded Albemarle with an NPA as opposed to a deferred prosecution agreement. So it's a three-year non-prosecution agreement, and doesn't get filed with the court. There's no information that's filed. And they agreed to pay a penalty of approximately $98.2 million and an administrative forfeiture of $98.5 million. Also, this is the first FCPA settlement where we applied the Compensation, Incentives, and Clawbacks pilot program, which the DOJ had announced in March of 2023.” - Michael Volkov“With respect to remediation efforts, the DOJ cited Albemarle's extensive remedial measures, including that they started the remediation prior to the beginning of the DOJ's investigation. In other words, they started to remediate quickly upon starting their own internal investigation.” - Michael VolkovResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
You've probably heard the saying, "Easy come, easy go," right? But in medical practices, when money goes, it's anything but easy. It's stressful, confusing, and can throw a wrench into your operations. You've worked hard to provide care for your patients – why would the insurance companies clawback money they've already paid you? Insurance clawbacks can be a nightmare. One day you think your accounts receivable is well managed and well organized, and the next thing you know, insurance companies are taking back funds that they'd paid you previously. So, what are insurance clawbacks? Clawbacks essentially happen when an insurance company retracts payment previously made to a healthcare provider. The reasons could range from overpayments to errors in billing or even suspected fraudulent activities. And this can be a huge headache. It's like getting paid for a job, and then your employer decides they want the money back. Not a great feeling. Please Follow or Subscribe to get new episodes delivered to you as soon as they drop! Visit Jill's company, Health e Practices' website: https://healtheps.com/ Subscribe to our newsletter, Health e Connections: http://21978609.hs-sites.com/newletter-subscriber Want more content? Find sample job descriptions, financial tools, templates and much more: www.MedicalMoneyMattersPodcast.com Purchase your copy of Jill's book here: Physician Heal Thy Financial Self Join our Medical Money Matters Facebook Group here: https://www.facebook.com/groups/3834886643404507/ Original Musical Score by: Craig Addy at https://www.underthepiano.ca/ Visit Craig's website to book your Once in a Lifetime music experience Podcast coaching and development by: Jennifer Furlong, CEO, Communication Twenty-Four Seven https://www.communicationtwentyfourseven.com/
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent developments at the DOJ, the SEC, and the U.S. Attorneys' Offices regarding a variety of matters that are important for boards of directors and companies to consider when they approach corporate compliance issues with Morrison Foerster Securities Litigation, Enforcement, and White Collar + Investigations partners Adam Braverman, Jina Choi, and Christine Wong, each of whom has previously served in senior positions at either the DOJ or SEC. Topics of discussion include voluntary self-disclosure policies, the preservation of electronic communications, and corporate compensation and clawbacks.
Tune in for today's industry updates.
In this episode, the hosts explore the complex world of mortgage clawbacks. This is where your mortgage adviser could send you an unexpected bill for thousands of dollars. You'll learn the potential cost of clawback fees, how they are calculated, and how they can be legitimately charged. We also share tips for how to avoid clawback fees. And we also mention our upcoming webinar Policies, Predictions & Property: How to invest in 2024 on Tuesday September 5th at 7pm, click the link to register.
The Canadian Bitcoiners Podcast - Bitcoin News With a Canadian Spin
FRIENDS AND ENEMIES Welcome to another recording of The Canadian Bitcoiners Podcast. Sponsored by EasyDNS! All of your web hosting, GPG email, VPS hosting (for your Bitcoin Node, BTCPay Server or Nostr Relay) and more. Use code "CBPMedia" for a juicy discount! Sponsored by Bull Bitcoin! The CBP recommends Bull Bitcoin for all your BTC needs. With their new kyc-free options, there's never been a quicker, simpler, more private and (most importantly) cheaper way to acquire private Bitcoin. Use the link above for $20 on your first buy, and take advantage of all Bull Bitcoin has to offer. This week: ETF Dialogue Begins What Becomes of Coinbase Post-ETF Swan/Custody Canadian Rebate Season The Cost of Green Energy France Riots The Environment for Bitcoiners Going Forward And much more As always, leave us some feedback on Apple Podcasts - your ratings and reviews help the show grow - or reach out to Joey and Len on Twitter, leave us a note on our Reddit posts, or drop a comment on our YouTube channel. We appreciate all the support and feedback, and hope you'll come back for more! --- Send in a voice message: https://podcasters.spotify.com/pod/show/canadian-bitcoiners/message
Matt and Nic are back for another week of news and deals. In this episode: Bitcoin hits 30k Wyoming's stable token developments The story behind FTX's mammoth $500m outflow to K5 global Why was SBF spending hundreds of millions cozying up to talent agents? Do Kwon will spend 4 months in jail in Montenegro The Bitgo Prime Trust acquisition falls apart Deutche Bank applies for a crypto license in Germany EDX officially launches Blackrock files for their ETF and others follow Our theory for why Blackrock is filing now Is the SEC back-channeling to Blackrock? Was surveillance sharing really a blocker for other ETF applications? Does the notion of spot market surveillance even make sense for a global commodity? What's the deal with the Bitcoin bathhouse in Brooklyn? Sponsor notes: Coin Metrics STATE OF THE NETWORK - The Signal & the Nonce, Re-imagined In this issue of State of the Network, we showcase a novel analysis that sheds light on Bitcoins energy consumption, efficiency and e-waste
There are things that just shouldn't be in sales comp plans. And then there are things that definitely should be.In this episode we talk about a simple approach to drive the right behaviour for you and the sales team.Clawbacks (04:47)Step functions (08:40)Capped comp (10:42)Cliffs (12:56)Put this in your comp plans: Kickers (14:18)Negative kickers or debuffs (18:28)Contract length (18:40)Free months (22:30)Positive kickers aka buffs (23:24)Sales rep consistency (23:32)Intra Quarter Pacing (26:08)Quarter over Quarter consistency (27:10)The fifth quarter (28:50)Double bubble (30:09)Wrapping up (31:29)You can check out GTM live here: www.growblocks.com/gtm-live/Email us with questions at podcast@growblocks.com
Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition, sponsored by Traliant, I visit with Maria D'Avanzo Chief Evangelist Officer at Traliant to discuss the 2023 Evaluation of Corporate Compliance Programs. We discuss the DOJ's guidance on financial incentive programs and highlight the importance of cross-functional collaboration in establishing effective compliance programs. What are some of the challenges of implementing clawbacks for employees who engage in misconduct? We consider some of the risks involved when a company decides to file a lawsuit against an executive for clawback. Finally, they touch on the need for proper communication of the compliance message beyond legal and compliance departments. Join Tom Fox and Maria D'Avanzo as they dive deep into the future of corporate compliance programs. Don't miss this informative and eye-opening episode. Key Highlights · Evaluating Corporate Compliance Incentive Programs · Establishing Compliance Programs in Companies Facing DOJ Allegations · Incorporating Compliance Ethics and Clawbacks in Business · Lawsuit Consequences for Companies & Executives · DOJ Elevating Corporate Compliance Programs · Effective Communication for CCOs Notable Quotes “Certainly the timing of any type of any attempt to claw back the compensation, the board needs to be concerned about what's the right time? What's the right process? And are we going to open ourselves up?” “There's also language about non-financial incentives. And here, once again, nothing really new that companies are supposed to take doing business ethically.” “I'm not quite sure why a company without resolving the loss, the investigation, either internally or especially with the DOJ, would file a lawsuit against an executive in order to claw back the compensation.” “Is your investigation completed? Or is it ongoing. I'm not sure how you would win in a litigation if you have not established the basis for the breach of contract. Resources Maria D'Avanzo on LinkedIn Traliant Tom Fox Instagram Facebook YouTube Twitter LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices
On today's episode, we're joined by Donald Kalfen, Partner at Meridian Compensation Partners, LLC. Donald is here to talk about some of the new rules and regulations introduced over the last six months, and what they mean. We talk about: - The new pay-versus-performance disclosures and their impact on companies. - Unusual outcomes such as large negative compensation amounts. - Common trends around disclosures. - How can companies comply with the SEC's clawback rules? - Understanding the SEC's 10b5-1 rules and how to comply. - What's on the horizon that companies should be aware of? Donald Kalfen - https://www.linkedin.com/in/donald-kalfen-baa44b30/ Meridian Compensation Partners - https://www.linkedin.com/company/meridian-compensation-partners-llc/ This episode is brought to you by Meridian Compensation Partners, LLC. Learn more by visiting MeridianCP.com. #compensation #wages #spac #equity
Catch this week's show notes https://digitalspaceport.com/chia-news-weekly-clawbacks-db-malware-spacescan-did-cat-dog-xch-price-prediction-s2e4/Check out the Chia News firehose https://thisweekinchia.comShop our Store (receive 3% or 5% off unlimited items w/Youtube channel membership) https://shop.digitalspaceport.com/Join our Youtube channel to get access to perks like Store discounts + more perks:https://www.youtube.com/channel/UCiaQzXI5528Il6r2NNkrkJA/join10K 800TB blueprintArticle https://digitalspaceport.com/chia-farm-template-750-tib-for-10000/Video https://youtu.be/yqG9vlH6LwcChia Earnings Sheet https://docs.google.com/spreadsheets/d/1lXviouJ1dZhT3s_4wQgdySnTMJJX3E5LXcJJv5xftdg/edit#gid=905970511*When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.*As an Amazon Associate I earn from qualifying purchases.Enterprise Chia Farm DIY
Glen McGregor, CTV News; Marco Mendicino, Public Safety Minister; Dr. Kathleen Ross, Canadian Medical Association President-Elect; David MacNaughton, former Canadian ambassador to the U.S.; Greg MacEachern, Liberal Strategist; Garry Keller, StrategyCorp; Anne McGrath, NDP National Director; Rachel Aiello, CTV News; Susan Delacourt, the Toronto Star; and Greg Weston, Searchlight Strategy Group.
The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt and I dive into the hot topic of clawbacks, with a focus on Deputy Attorney General, Lisa Monaco's new pilot program and Kenneth Polite's take on the use of prosecutorial discretion for organizations. Our hosts explore the opportunities for corporate compliance and HR personnel for clawback solutions and the use of the Federation Corrupt Practices Act (FCPA). They also discuss the need for thorough documentation of personnel involved with and/or accused of illegal conduct, as well as the potential costs to shareholders. Bottom line: Tom Fox and Matt Kelly are here to take you on a deep dive into the complexities of clawbacks and help organizations get compliant and stay compliant. Key Highlights Prosecutorial Discretion and Credit [00:05:24] Implications of the Foreign Corrupt Practices Act on Corporate Compliance and HR [00:09:41] The Mathematics of Corporate Policy Development and Management [00:13:59] Corporate Compliance and the Foreign Corrupt Practices Act [00:17:47] Balancing Compliance and Risk in Business Practices [00:21:49] Notable Quotes: 1. "It is part of the department's larger effort to hold individuals more accountable and to have companies basically be participants in that project and to have companies embrace the culture of compliance, how would you hold individuals accountable if you're the company, you'd have that clawback clause over their head, and then you would now have more incentive to actually use it, which is not necessarily an easy thing." 2. "What we expect companies that use programs to address not only employees who engaged and wrongdoing a connection with conduct under investigation, but also those who had supervisory authority over the employees or business area engaged in in the misconduct and knew of or were willfully blind to the misconduct." 3. "You must have the clawback policies in place, at the time of resolution, then get a reserve credit for those clawback compensation moneys that you must successively claw it back within the term of the resolution." 4. "If you do try to recoup the compensation and you fail, you'll still be eligible for up to 25 percent of whatever you were trying to recoup."" Resources Matt in Radical Compliance Tom in FCPA Compliance and Ethics Blog Learn more about your ad choices. Visit megaphone.fm/adchoices
Join Embarkers Adam Olsen, Zac Smith, and Chase Anderson for a hearty conversation on the recent “executive clawback” ruling from the SEC. They discuss the rule itself, where “Big R” and “Little r” restatements fit into the mix, and what it all means for corporate accounting and leadership teams. So pull up a chair and have a listen!For more information on executive clawbacks and related topics:Statement on Final Rules Regarding Clawbacks of Erroneously Awarded CompensationMethods for a Summary of Misstatements: Iron Curtain vs. Rollover ApproachBest Practices for Choosing & Maintaining a Stock Comp PlanConnect with Embark on: LinkedIn Instagram Twitter Facebook YouTube Listen to Accounting Matters on Apple Podcasts, Google Play, and Spotify.
On this episode of the Crime, Corruption and Compliance podcast, host Michael Volkov discusses the Department of Justice's recent focus on incentives and disincentives as part of an effective ethics and compliance program. This includes awards for ethical conduct, clawbacks, and deferred payment schemes to hold officers and employees accountable for misconduct, and requirements for executives to be evaluated on their compliance with laws and regulations. Michael also talks about how companies can create appropriate policies and procedures to incentivize and monitor compliance and how to design and implement a compensation system that ensures compliance. Key ideas you'll hear in this episode: DOJ stresses the need for positive incentives for ethical conduct, including awards and annual employee performance reviews.Companies already have a strong disincentive for engaging in misconduct, which is termination.Recent enforcement actions against companies like Novartis and Wells Fargo have highlighted the gap in the incentive-disincentive framework.DOJ is examining the efficacy of clawbacks and deferred payment schemes as an important alternative to massive criminal fines against companies. This will hold the bad actors accountable, as well as those who had supervisory responsibilities and failed to act.Clawbacks and punishments for bad actors will need to be incorporated into settlements and terminations. Company policies will need to include more protections and discretion to pull back benefits from bad actors.There are a number of issues to consider when implementing a clawback program, including who it applies to, how it is triggered, and how much of the company's bonus payments should be subject to clawback.DOJ anticipates requiring a wide clawback program that extends to senior management level. Crafting these measures will require a collaborative process within the company involving legal and business representatives, human resources, ethics and compliance, senior management, and potentially union representatives or work councils.Danske Bank is the first to implement a compliance compensation requirement in their settlement papers with the Justice Department. The settlement includes a provision that executives will be evaluated on their compliance efforts and a failing score will make them ineligible for bonuses.Companies need to design and implement compensation systems to incentivize compliance behavior and create disincentives for non-compliant conduct.KEY QUOTES:“Your company policies are going to have to incorporate more protections and more discretion for the company to pull back on benefits to bad actors. Bad actors here, I mean not just the actual bribe payer or scheme designer, but also those people who failed to conduct proper oversight and monitoring of the department that engaged in the misconduct.” - Michael Volkov “In practice, companies need to formulate appropriate policies and procedures, document their system, and demonstrate commitment to enforcement of the policies to incentivize compliance behavior and create clear disincentives for noncompliant conduct.” - Michael Volkov“A compliance-oriented compensation system has to be implemented along with other clawback and deferred payment systems.” - Michael VolkovResourcesMichael Volkov on LinkedIn | TwitterThe Volkov Law Group
It's a busy time for accounting peeps. In this episode of AM Now, Embarkers Adam Olsen and Nicole Harger discuss: Recent FASB news regarding crypto accounting and a future ASU More FASB updates on the common control lease arrangement project The executive clawback rule from the SEC and what it means for registrants For more information on these topics:Crypto Accounting: Decrypting Digital Assets for CFOs and CAOsAccounting for and Disclosure of Crypto Assets Project UpdateCommon Control Arrangements Project UpdateStatement on Final Rules Regarding Clawbacks of Erroneously Awarded CompensationConnect with Embark on: LinkedIn Instagram Twitter Facebook YouTube Listen to Accounting Matters on Apple Podcasts, Google Play, and Spotify.
December 23, 2022 ------
In the continuing FTX saga, the main characters in the soap opera are now at odds: FTX's disgraced founder Sam Bankman-Fried, Changpeng Zhao of FTX rival Binance, and one of FTX's investors/spokespeople: Shark Tank investor Kevin O'Leary. The venture capitalist discusses his testimony before the Senate and addresses CZ's accusation that O'Leary lied to the public. Joe Kernen, Becky Quick, and Andrew Ross Sorkin question O'Leary and his investing judgment as pressure mounts from FTX users who lost money because they trusted the Shark's endorsement. In this episode: Kevin O'Leary, @kevinolearytvBecky Quick @BeckyQuickJoe Kernen, @JoeSquawkAndrew Ross Sorkin, @andrewrsorkinKatie Kramer, @Kramer_Katie
Welcome to The Nonlinear Library, where we use Text-to-Speech software to convert the best writing from the Rationalist and EA communities into audio. This is: Insurance against FTX clawbacks, published by Grant Demaree on November 23, 2022 on The Effective Altruism Forum. I've been reviewing funding requests as part of Nonlinear's effort to help FTXF grantees. Many applications sound like this: FTX Future Fund already paid me, so I have plenty of money. I can't spend any of it, since I'm worried about clawbacks. This leaves me practically destitute. Imagine you could buy insurance against these clawbacks: Amy has $20,000 in her bank account, but it's all from an FTX grant Bill owns an insurance company. He believes the chance of a successful clawback is much less than 25%, and he charges Amy $5,000 for the insurance Now Amy is comfortable spending her remaining $15,000. If a clawback happens, Bill pays her $20,000, and she's unharmed Seems like a win-win for Amy and Bill. Is there a way to make it happen? Thanks for listening. To help us out with The Nonlinear Library or to learn more, please visit nonlinear.org.
Nic Carter is a general partner at Castle Island Ventures. He is cofounder and chairman of Coin Metrics, host of the On The Brink podcast, columnist for Coindesk, and an advisor to the Bitcoin Clean Energy Initiative. This episode was recorded at the Texas Blockchain Summit on November 18, 2022. -Comments on the White House Report on the Climate Implications of Crypto Mining https://medium.com/@nic__carter/comme... -Nic's Annotated Version of the Climate and Energy Implications of Crypto-Assets in the United States https://niccarter.info/wp-content/upl... Follow Nic on Twitter https://twitter.com/nic__carter Coin Stories is powered by @Swan Bitcoin the best way to build your Bitcoin stack with automated Bitcoin savings plans and instant purchases. Swan serves clients of any size, from $10 to $10M+. Visit https://www.swanbitcoin.com/nataliebrunell for $10 in Bitcoin when you sign up. If you are planning to buy more than $100,000 of Bitcoin over the next year, the Swan Private team can help. BITCOIN 2023 by @Bitcoin Magazine will be the biggest Bitcoin event in history May 18-20 in Miami Beach. Speakers include Michael Saylor, Lyn Alden and Michelle Phan, plus a Day 3 music festival. Nearly 30,000 people attended Bitcoin 2022; more than 1,100 companies and 250 media outlets were represented. Get your pass with 10% off using code HODL at b.tc/conference. With iTrustCapital you can invest in Bitcoin without worrying about taxes or fees. iTrustCapital allows clients to invest in digital assets through an individual retirement account. IRAs are tax-sheltered accounts, which means all your crypto trading is tax-free and can even grow tax-free over time. The best part is it's totally free to open an account, and there are no hidden fees, monthly subscriptions or membership fees. If you open and fund an account you will get a $100 funding bonus. To learn more and open a free account go to https://itrust.capital/nataliebrunell. Accounts are FDIC insured up to $250,000. Fold is the best Bitcoin rewards debit card and shopping app in the world! Earn Bitcoin on everything you purchase with Fold's Bitcoin cash back debit card, and spin the Daily Wheel to earn free Bitcoin. Head to https://www.foldapp.com/natalie for 5,000 in free sats! Health insurance needs an overhaul. The government and insurance companies have jacked the price, increased complexity, and made insurance almost unusable. You send your money to the health insurance black hole and never see it again. Then, when you get hurt you have to send them more money. The great news is now you have an alternative: CrowdHealth. It's totally different from insurance. Instead of sending your hard earned money to an insurance company, you hold your money in an account CrowdHealth helps you set up when you join. You can even convert dollars in that account into Bitcoin. When someone in the community has a health need, you help them out directly and if there is Bitcoin or $ left over in your account when you leave, you take it with you. https://www.joincrowdhealth.com/natalie OTHER RESOURCES - Natalie's website https://talkingbitcoin.com/ - Nic Carter https://niccarter.info/ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ VALUE FOR VALUE — SUPPORT NATALIE'S SHOWS Strike ID https://strike.me/coinstoriesnat/ Cash App $CoinStories BTC wallet bc1ql8dqjp46s4eq9k3lxt0lxzh6f2wcu35cl6944d ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ FOLLOW NATALIE ON SOCIAL MEDIA Twitter https://twitter.com/natbrunell Instagram https://www.instagram.com/nataliebrunell Linkedin https://www.linkedin.com/in/nataliebrunell ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ ⏤ DISCLAIMER This show is for entertainment purposes only and does not give financial advice. Before making any decisions consult a professional. #bitcoin #cryptocurrency #inflation
Wrapping our distressed loans series, Michael gives the Main St Banking audience some advice about avoiding those dreaded clawbacks! Thanks to Husch Blackwell for working with us on this series. Check them out at https://www.huschblackwell.com/offices/KansasCity_MO And as always, many thanks to our sponsor, ICBA Securities, for their support. https://www.icba.org/icba-securities
The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we consider the recent SEC requirement for companies to publicly report clawback provisions and their effects in conjunction with the DOJ requirements for clawbacks. Highlights include: · What are clawbacks? · What does the SEC rule require? · Are clawbacks the mirror of executive incentives? · How does the DOJ position, as laid out in the Monaco Memo differ (if any) from the SEC requirements? · How far down the corporate chain must a clawback provision impact? Resources Matt in Radical Compliance Tom in the FCPA Compliance and Ethics Blog Learn more about your ad choices. Visit megaphone.fm/adchoices
Caleb and Riley discuss what you should be monitoring in retirement to stay on track. Should it be year by year tax? Estate tax? Clawbacks? RRIF minimums? Rates of return? Research shows that we really have no idea what is most important as we enter retirement, so it should be of no surprise that we also don't know what metrics we should be tracking either. Join us as we dive into what is most important to keep tabs on in retirement. What things should be measured and what metrics should be tracked. Learn more about: The key items and metrics retirees should be monitoring during retirement Why your annual investment return is not one of the primary metrics The benefits of having your key metrics and financial plan summarized on a one page dashboard Trends in retirement timing from semi-retirements to multiple retirements Memorable Quotes: “Money is an absolutely essential ingredient in retirement planning, but it's not the only one. The vast majority of retirees say that in addition to saving for retirement and managing finances in retirement, it is important to think about what they will do to stay healthy, where they should live, how they will maintain or improve family relationships and the activities that will give them a sense of purpose.“ “For many retirees, their mortgage is paid off, which makes taxes their biggest expense. It's not uncommon for our projections to show retirees paying $500,000 to $2 million dollars in taxes throughout their retirement. Taxes are determined by income, and in retirement you have a lot of control over your income! Tracking and actively aiming to reduce taxes should be top of mind.“ Resources: Longevity and the New Journey of Retirement The Four Pillars of the New Retirement Hosted by Caleb Miller and Riley Anderson of InvestorDNA Meet Caleb and Riley Book a Call Subscribe on Apple Podcasts Subscribe on Spotify Subscribe on Google Podcasts
American Institute of CPAs - Personal Financial Planning (PFP)
On April 27, 2022, the IRS released proposed regulations that provide further guidance to the anti-clawback regulations released in 2019. In this PFP Section podcast, Bob Keebler gets you back up to speed on what the 2019 regulations addressed and what you need to be mindful of with the 2022 regulations. He fills you in on how this new guidance applies to estate planning transfers such as notes, GRATs, GRITs, QPRTs, 2701 freezes, and transfers included in an estate. Access resources related to this podcast: Note: If you're using a podcast app that does not hyperlink to the resources, visit http://pfplanning.libsyn.com/ to access show notes with direct links. Read the proposed regulations. Go deeper into estate planning strategies with the PFP/PFS exclusive Adviser's Guide to Financial & Estate Planning. This episode is brought to you by the AICPA's Personal Financial Planning Section, the premier provider of information, tools, advocacy and guidance for professionals who specialize in providing tax, estate, retirement, risk management and investment planning advice. Also, by the CPA/PFS credential program, which allows CPAs to demonstrate competence and confidence in providing these services to their clients. Visit us online at www.aicpa.org/pfp to join our community, gain access to valuable member-only benefits or learn about our PFP certificate program. Subscribe to the PFP Podcast channel at Libsyn to find all the latest episodes or search “AICPA Personal Financial Planning” on your favorite podcast app.
The unethical business practices by PBMs when it comes to our nation's seniors run the gamut from unreasonable fees and metrics to underhanded pricing models and what could easily be considered larceny against taxpayers. Join PUTTcast co-hosts Monique Whitney and Lauren Young, with special guests Tim Hamrick and Greg Reybold of APCI to discuss the results of their explosive 3Axis study, possible outcomes of the proposed CMS rule change, and why moving prescription drug plans to a NADAC pricing model is so important for lowering costs and increasing transparency. Learn more about your ad choices. Visit megaphone.fm/adchoices
The unethical business practices by PBMs when it comes to our nation's seniors run the gamut from unreasonable fees and metrics to underhanded pricing models and what could easily be considered larceny against taxpayers. Join PUTTcast co-hosts Monique Whitney and Lauren Young, with special guests Tim Hamrick and Greg Reybold of APCI to discuss the results of their explosive 3Axis study, possible outcomes of the proposed CMS rule change, and why moving prescription drug plans to a NADAC pricing model is so important for lowering costs and increasing transparency.