The
departure of a number of high profile executives last year brought the
issue of golden parachutes – lucrative benefits given to
departing employees – back into the spotlight as yet another
controversial form of executive compensation. Supporters of this
form of compensation argue that it helps protect employees from
arbitrary dismissal, discourages takeover attempts, and aids in
executive retention efforts. Golden parachute critics, however,
point out that these benefits are often guaranteed in executive
contracts without regard for the reason for the employee’s
departure, essentially create a reward for poor performance, compensate
already over-compensated executives, and don’t serve as
deterrence for unsolicited takeovers at all. Shareholders are
speaking out against these in proxy proposals this season, and even the
government took aim when it limited golden parachute compensation
through the Emergency Economic Stabilization Act (EESA). We at
Westlaw Business recognize that golden parachutes are a hot proxy topic
this year and have gathered some materials to assist you as you prepare
for this year’s proxy season.
Published: March 17, 2009