Trending Sources

Clawbacks Coming to Canada?

Recent Buzzes - VC Experts, Inc.

It will be interesting to see whether the use of "clawback" provisions - arrangements under which an employee forfeits previously awarded compensation - will become more common in Canada

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Clawback of Fraudulent Transfers from Investors - Good Faith Defense Update

Recent Buzzes - VC Experts, Inc.

By Jeff J. Friedman and Anthony L. Paccione of Katten Muchin Rosenman LLP. Given the overarching Madoff Ponzi scheme as well as other mini-Madoff schemes that surfaced in its wake, many have been following issues arising from the ability of a trustee to claw back transfers (either as preferential or as fraudulent transfers) from investors who redeemed their interests in a private investment fund or managed account that turned out to be a Ponzi scheme.

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Wells Fargo Just Clawed Back $60 Million From Scandal Execs--And It's Not Enough

Inc Startups

Wells Fargo's own standards suggest the scandal execs may have another round of clawbacks coming

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Equity Clawbacks: How to Avoid a Zynga Situation

Inc Startups

You can see this difficulty play out in the equity clawback drama allegedly unfolding at online gaming start-up Zynga. Here's how you can avoid Zynga's equity snafu if you're considering offering employees stock options.

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SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation

Recent Buzzes - VC Experts, Inc.

Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation if the Company Restates Its Financials Due to "Misconduct". In a case of first impression, the United States District Court for the District of Arizona ruled that Section 304 of the Sarbanes-Oxley Act of 2002 ("SOX"), the so-called "Clawback Provision," does not require personal misconduct by a company's CEO or CFO to trigger reimbursement obligations after an accounting restatement.

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Investment Negotiation Secrets Revealed In Term Sheet Battle’s Nordic Tour

ArcticStartup

With so many fun clauses like liquidity preferences and clawback provisions potentially littering the term sheet put in front of you, it''s best to know what you''re getting into before you find yourself in a VC''s office.

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Puerto Rico's House clears way for $2.95 bln bond deal

Chaganomics

Lawmakers inserted stronger anti clawback language protecting the oil tax revenue from being redirected for other uses. Puerto Rico''s House clears way for $2.95 bln bond deal March 10 (Reuters) - Puerto Ricos House of Representatives approved legislation Tuesday to allow for automatic adjustments to a tax on oil that would help ensure sufficient revenue to pay back a bond deal of as much as $2.95 billion expected by early April.

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James and the Giant Losses

Inc Startups

It's Going to Cost Some Bankers Senator Chuck Schumer, a Democrat from New York, known colloquially as the senator from Wall Street, latched onto the so-called clawbacks rule at JPMorgan Chase, which could require some executives to repay salary and bonuses due to the big losses.

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Considering ILPA Private Equity Principles

Recent Buzzes - VC Experts, Inc.

Tighter distribution provisions should help avoid clawback situations. GP Clawback. Clawback should be gross of taxes paid and paid back no later than two years following recognition of the liability. Any clawback obligation should be determined and clearly disclosed at the end of every reporting period. By Attorneys at Drinker Biddle & Reath LLP Joshua B. Deringer, John J. Emslie, Neil K. Haimm and F. Douglas Raymond III of Drinker Biddle & Reath LLP. Introduction.

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SEC Claws 'Innocent' Officers

Recent Buzzes - VC Experts, Inc.

Ruling on defendant's motion to dismiss, the court sided with the SEC and held that the SEC need not allege wrongdoing when seeking disgorgement under the clawback provision of the Act. Broadly applying Section 304 of the Sarbanes-Oxley Act of 2002, the SEC filed a civil suit seeking to "claw back" compensation from Maynard L. Jenkins, the former CEO of CSK Auto Corp. CSK), who has not yet been accused of a securities law violation.

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VC Governance FAQ: (6) Are contract terms in partnership agreements shifting in favor of institutional Limited Partners?

Pascal's View

Though there has been a lot of talk about the terms suggested in the recent guidelines published by the ILPA , these guidelines have not fully caught hold (and some proposed terms –like joint and several liability on clawbacks — may be seen as too extreme).

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Questions to Ask When Joining a Venture Fund - DShen's Blogs

Dshen

Are there any kind of common VC-like fund terms i would be operating under, like clawback provisions and the like? Are there any kind of common VC-like fund terms i would be operating under, like clawback provisions and the like? The Web and the World of Business. Observations on doing business in the world of Web 2.0. Archives. Other Blogs. Search. Questions to Ask When Joining a Venture Fund. By DShen on May 9, 2011 7:09 AM.

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It's Official: The Model is Broken

Media VC

years to build a company that is even eligible to exit via IPO, a 10 year locked-in partnership with a 4-year investment period, backended partner compensation that is subject to clawback, steadily reducing fees, and in certain cases joint and several liability, it's no surprise so many smart people went to hedge funds. . Today the National Venture Capital Association released its lo ng-awaited answer to what ails the ventu re capital industry.

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Burnham's Beat: Hedge Funds, Venture Capital and The 25% Solution

Burnham's Beat

Finally, there are generally no clawbacks in hedge funds, which means PMs never have to worry about paying back profits should future performance turn sour. Burnhams Beat. Articles on Technology and Finance. About Bill. Archived Posts. Blog Roll. IPO/M&A Lists. By Category. By Month. Recent Posts. Internet IPOs. Internet M&A. Software IPOs. Software M&A. Search This Blog. Subscribe to This Blog. RSS/ATOM Feed. Subscribe Via Email. « Long or Short Capitals Web 2.0 Analysis | Main. |

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I Love NY Tax Credits - VCball

VCball

  As investors get the credit immediately, there is a very real 20% downside protection: worstcase scenario, if the investor sells it's shares the tax credit is subject to clawback.    As investors get the credit immediately, there is a very real 20% downside protection: worstcase scenario, if the investor sells it's shares the tax credit is subject to clawback.  VCball.

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