Clawing Back the DOJ’s Compensation Clawback Pilot Program

During 2023, the legal and compliance community saw a multitude of revisions to DOJ corporate-related enforcement policies. One of the most significant policy updates was the DOJ Criminal Division’s roll out in March 2023 of a pilot program relating to “Incentives and Compensation Clawback[s].” In this guest article, Cadwalader, Wickersham and Taft lawyers Martin J. Weinstein and Emily M. Wells analyze whether the program’s Deferred Fine Reduction component, as currently drafted, can meet its aims to “reward corporations” and “shift the burden of corporate financial penalties away from shareholders.” See “How Deputy AG’s Focus on Clawbacks and National Security Impacts Enforcement and Companies’ Compliance Efforts” (Oct. 25, 2023).

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