We represent executives of public and private companies in defending clawbacks of incentive compensation by the employer pursuant to an employment agreement, Sarbanes-Oxley Act, or Dodd-Frank Wall Street Reform Act.  While Sarbanes-Oxley and Dodd-Frank only concern clawback of executive compensation in publicly held companies, terms of your employment agreement may make you susceptible to a claim of clawback by your employer. 

In addition to seeking clawback of past compensation, your employer may try to withhold your compensation pursuant to a forfeiture provision in your employment agreement or in the incentive compensation or deferred compensation plan.  While the best course of action is properly negotiate the terms of these agreements and plans so to minimize the risk to you, we will tenaciously defend you against overzealous employers' assertion of forfeiture, whether the asserted forfeiture is coupled with an involuntary separation from service or not.