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Reply: Clawback to the Future

10 Pages Posted: 18 Dec 2010  

Miriam A. Cherry

Saint Louis University - School of Law

Jarrod Wong

University of the Pacific - McGeorge School of Law

Date Written: December 17, 2010

Abstract

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.

Keywords: Clawbacks, Ponzi Schemes, Executive Compensation, Executive Bonuses

Suggested Citation

Cherry, Miriam A. and Wong, Jarrod, Reply: Clawback to the Future (December 17, 2010). Minnesota Law Review Headnotes, Vol. 95, p. 19, 2010. Available at SSRN: https://ssrn.com/abstract=1727751

Miriam A. Cherry (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States
314-977-04537 (Phone)

Jarrod Wong

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States
1(916)7397231 (Phone)
1(916)7397272 (Fax)

HOME PAGE: http://www.mcgeorge.edu/x2152.xml

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