Jon Janes

Oct 31, 2024 | jdsupra.com | Jon Janes |Lenin Lopez |Susan D. Miner

The SEC’s compensation clawback rules effectively set a new minimum requirement for what public companies must include in their compensation clawback policies. Most public companies, however, have adopted more expansive policies. Companies typically include more than just accounting restatements as event triggers that can lead to clawbacks. For a discussion of this trend among large market-cap companies, see this article from FW Cook.

Oct 31, 2024 | jdsupra.com | Jon Janes |Lenin Lopez |Susan D. Miner

The SEC’s compensation clawback rules effectively set a new minimum requirement for what public companies must include in their compensation clawback policies. Most public companies, however, have adopted more expansive policies. Companies typically include more than just accounting restatements as event triggers that can lead to clawbacks. For a discussion of this trend among large market-cap companies, see this article from FW Cook.

Apr 11, 2024 | jdsupra.com | Priya Cherian Huskins |Jon Janes

Strategic bankruptcy” can be a corporate strategy—but that’s not the norm. More typically, when faced with the sudden reality of bankruptcy, directors and officers have little time to plan for it. This article will review the exposures directors and officers encounter when companies go bankrupt. Using the failure of Silicon Valley Bank (SVB), we’ll also examine D&O liability insurance’s often conflicted role in paying claims against the company and defending the directors and officers.

Nov 30, 2023 | jdsupra.com | Jon Janes |Byron Pogir

Bankruptcy is always sad—and sometimes it’s also a litigation problem. In this week’s D&O Notebook, my colleagues Byron Pogir and Jon Janes discuss the cautionary tale of Bed Bath & Beyond’s bankruptcy. – Priya Huskins “How did you go bankrupt? Two ways. Gradually, then suddenly.” – Ernest HemingwayIn September 2023, former employees of Bed Bath & Beyond sued members of the company’s 401(k) committee, the committee responsible for the prudent management of the company’s 401(k) plan.

May 26, 2023 | wibw.com | Jon Janes |Tori Whalen