Do You Have Telecommuting Protocols?

28 Jul

In an age when more and more positions require duties to be carried out almost exclusively on computers, and where the internet can instantly connect anyone anywhere, many employers, including us, are offering the option of telecommuting. Telecommuting allows employees … Read More »

Traveling Abroad? Your Global Experts Got You Covered.

12 Jul

Traveling overseas can seem daunting. However, there are many resources you can use before and during a trip abroad to make your visit less stressful, whether you are traveling for work or for pleasure. Three important considerations when traveling outside … Read More »

What If the Employer Mandate Is Repealed?

27 Jun

The Affordable Care Act (ACA) requires applicable large employers (ALEs) to offer affordable, minimum value health coverage to their full-time employees in order to avoid possible penalties. Because this employer mandate has been criticized as burdensome for employers and an … Read More »

PCORI Fees Due July 31, 2017

7 Jun

The Affordable Care Act (ACA) requires health insurance issuers and self-funded plans to pay Patient-Centered Outcomes Research Institute fees (PCORI fees). The fees are reported and paid annually using IRS Form 720 (Quarterly Federal Excise Tax Return). The PCORI fees … Read More »

What Does Your Supply Chain Coverage *Really* Cover?

1 Jun

If your property insurance policy includes supply chain coverage, what does that really mean? Policy language isn’t standardized across all insurers. The depth and breadth of coverage within each policy varies. Insurers even disagree on what to call it; in … Read More »

Personal Risk: Will your D&O policy protect you from a compensation “claw-back” claim?

11 May

Did you know that under federal law, corporate executives may be required to pay back incentive-based compensation? Further, do you know how your directors and officers liability insurance (D&O) policy may respond to such loss?

Background

Section 304 of the Sarbanes-Oxley Act of 2002 (SOX 304) and Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (DF 954) are the two major federal claw-back laws. Simply put, SOX 304, enforced by the Securities and Exchange Commission, may force a CEO or CFO to return incentive-based compensation as a result of “misconduct” that causes a material financial restatement. Alternatively, DF 954 requires the company to recover incentive-based compensation that was not “earned” from any current or former officer under certain circumstances.

The claw-back rules were enacted in response to corporate scandals and corruption, and to provide higher standards that ultimately benefit investors and the market in general. Note that in both of these acts, the claw-back provision may be triggered even when the CEO, CFO or other officers themselves are innocent or unaware of any corporate wrongdoing.

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Protecting Your Property with Policy Extensions

5 May

Details Matter in Insurance Before renewing your property insurance policy (or signing a new one), always ask your insurance broker for a policy-and-coverage review. The goal is to ensure that your coverage is responsive to known risks and that unknown … Read More »

Update from Washington: ACA Repeal and Replace

30 Mar

With the ACA under review, it’s tough to keep up on what will likely stay in legislation and what is certain to be repealed and/or replaced. The bills that make up the new American Health Care Act (AHCA) were primarily … Read More »