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Return to Normal? Say-on-Pay Support Expected to Rise

By Agenda | Mar 18, 2024 | Read more

Principal Shaun Bisman was quoted in Agenda discussing the Say on Pay voting outlook for 2024. Compared to recent years, support for executive pay programs is expected to rise for 2024 proposals, as compensation plans received improved support in 2023. During the pandemic, some public company boards used special retention awards and other measures to increase incentive payouts, which resulted in criticisms from institutional investors and proxy advisory firms (resulting is lower support for executive pay programs). Early 2024 voting shows that say-on-pay support is close to returning to pre-pandemic levels.

New Disclosure to Cast Light on Investors’ Say-On-Pay Votes

By Agenda | Mar 4, 2024 | Read more

Principal Shaun Bisman was quoted in Agenda discussing Say on Pay changes to Form N-PX. Significant changes to a regulatory filing required from institutional investors will allow boards more insight into their shareholders’ voting patterns (regarding compensation). These disclosures are likely lead to a more beneficial shareholder outreach process. Under changes to Form N-PX finalized by the SEC in 2022, institutional investors will need to disclose their say on pay vote (as well as other compensation-related votes). The 2024 proxy season will be the first subjected to this new level of transparency as the rule became effective for votes cast after June 30, 2023 (most votes take place in the first half of the year).

Was Elon Musk Overpaid?

By Directors & Boards | Feb 27, 2024 | Read more

Partner Margaret Engel was featured in an article discussing the Tornetta v. Musk decision and its potential impact on how the Elon Musk is paid. The article discusses potential changes to executive compensation planning, equity incentives to large stockholders, CEO pay magnitude, alignment between executive compensation and shareholder interests, and lessons from this case regarding good (and bad) governance.

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