Reply: Clawback to the Future
Miriam A. Cherry
Saint Louis University - School of Law
University of the Pacific - McGeorge School of Law
December 17, 2010
Minnesota Law Review Headnotes, Vol. 95, p. 19, 2010
In an earlier article also available on SSRN, Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Minnesota Law Review, Vol. 94, p. 368, 2009, Professors Miriam Cherry and Jarrod Wong set out an initial description and analysis of contractual clawback provisions. In this Reply, Profs. Cherry and Wong address three aspects of Michael Macchiarola's Response: its application of the clawback doctrine to the recoupment of executive compensation; the criticism that the clawbacks doctrine introduces latent subjectivity into contractual analysis; and the apparent operational difficulties in implementing clawbacks.
Number of Pages in PDF File: 10
Keywords: Clawbacks, Ponzi Schemes, Executive Compensation, Executive BonusesAccepted Paper Series
Date posted: December 18, 2010
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