Registered attendees, access GEOvirtual2020 here!

Thursday, 22 October 2020
08:00-08:50 PDT
11:00-11:50 EDT
16:00-16:50 BST
17:00-17:50 CEST
23:00-23:50 HKT
02:00-02:50 AEDT +1
Breakout Series XVII
Also suitable for Private Companies

17.2 In Your Sole and Absolute Discretion?

Companies often state that a participant’s rights or entitlements under a share plan are at the company’s discretion. However, the law places various controls on the exercise of such discretion, both in terms of the processes which must be followed, and the outcome reached. This session will explore the employment law issues companies must navigate when exercising discretion. Comparing the UK position with that in the US and other key countries, these experienced panelists will discuss the importance of the implied duty of trust and confidence, the developing case law around acting reasonably, a process roadmap for making sensitive discretionary determinations, such as on award levels, good leaver treatment, overriding formulaic performance outcomes, exercising malus/clawback powers, and how companies can minimize the risk of facing legal claims from participants. Join this session to explore the power of discretion!
Nick Marshall, Linklaters (UK)
Nancy Price, Linklaters (UK)
CPE Credit: 1.0
Field of Study: Business Law
Level: II, III