ARTICLE
23 April 2024
TESLA ATTEMPTS TO REINSTATE MUSK OPTION GRANT THROUGH SHAREHOLDER RATIFICATION
External News

White and Case LLP

Executive pay
Executive plans
USA

 

In January 2024, a Delaware Court rescinded Tesla's 2018 option grant to Elon Musk, valued at $56 billion, due to breaches of fiduciary duty in awarding the grant. Now, Tesla seeks shareholder ratification of the grant to reinstate it, addressing disclosure deficiencies and procedural issues highlighted by the court. However, the legal strategy faces uncertainty, with potential challenges and implications for shareholder approval under Delaware law.

ARTICLE
16 April 2024
STUDY: BOARD GENDER QUOTAS DON’T IMPROVE EXECUTIVE DIVERSITY
External News

Personnel Today

Executive pay
Executive plans
India

 

Research indicates that while board gender quotas can enhance female representation at the board level, they do not increase the number of women appointed to executive positions within organizations, as seen in India's case. Instead, appointing women to positions of authority on boards, such as executive directors, positively impacts the careers of women at lower levels, potentially due to their influence in senior management recruitment. The study underscores the need for policies that focus on increasing women's representation across all levels of senior management, rather than solely targeting board appointments, as highlighted by the forthcoming Women on Boards directive in the European Union.

8.2 Global and mobile taxes – Advanced topics with an experienced panel

An interactive educational forum in a roundtable format that will let us dive deep into the complexities of managing a tax compliant process when offering equity to global and mobile employees. Speakers, moderators and participants will discuss best practices and pain points of managing the taxation of a complex international and mobile population, and share the challenges they might have experienced managing these obligations on equity compensation. 
Attendees will leave this session with an enhanced knowledge on options to handle the taxation of complex international and mobile participant populations, the application of these issues to specific countries, and new ideas on how they might transform their process to meet their equity administration responsibilities.

KEY LEARNING POINTS:

  •  Best practices for managing a complex international and state mobile population
  • Current challenges that our panel has seen in their practices, and ways that these challenges were addressed
  • Application of these best practices and challenges when managing tax obligations for equity compensation in select example countries

 

CPE CREDIT: 1.0
Field of study: Tax
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Justin Pon, Morgan Stanley at Work
AmyLynn Flood, Vialto Partners
Leann Balbona, FGE, KPMG
Sean Trotman, FGE, Deloitte
Cathy Goonetilleke, EY

Event date
Thursday, 11 Apr 2024, 10:00 - 10:50
Country
Breakout series
Location
Midtown 1

9.1 Global corporate tax deductibility - all change?

A comprehensive exploration of significant shifts in the UK's HMRC guidance, potentially reshaping the corporate landscape with profound implications for companies. Our expert panel will delve into the repercussions of the recent changes in the UK, examining their impact in conjunction with prevailing practices and global developments. Gain invaluable insights into the evolving regulatory landscape and how companies worldwide are navigating these changes to stay ahead in the dynamic business environment.

KEY LEARNING POINTS:

  • Understand the specifics and implications of the recent shifts in HMRC guidance in the UK
  • Explore how the UK changes align with or differ from current global practices in the corporate domain
  • Gain insights into how companies are adapting globally to regulatory developments, ensuring a nuanced understanding of the evolving corporate landscape

 

CPE CREDIT: 1.0
Field of study: Tax
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

 

 

Speaker/Author

Alex Murdoch, EY
Gordon Roesch, EY
Jason French, EY
Bernd Schmelzer, DHL
Dominik Gies, DHL

Event date
Thursday, 11 Apr 2024, 11:00 - 11:50
Country
Breakout series
Location
Germantown 4


5.4 Navigating the impacts and risks of flexible working models

Amidst the transformative landscape of work, where flexibility is the new currency, join our expert panel to navigate the intricate intersections of emerging hybrid and remote working models with equity-based compensation. As these models redefine the post-pandemic workforce, it's crucial to grasp their impact while mitigating potential tax compliance risks and red flags. Delve into a general overview and comparison of evolving working models, including GEOs, PEOs, and remote/hybrid arrangements. Take a deeper dive into Global Employment Organizations (GEOs) and People Employment Organizations (PEOs)/Employer of Record (EOR). Uncover equity-related risks associated with each model and gain practical insights into implementing remote work policies, achieving a delicate balance between risk, employee experience, and administrative efficiency.

KEY LEARNING POINTS:

  • Gain insights into the general overview and comparison of evolving working models, such as GEOs, PEOs, and remote/hybrid arrangements
  • Take a deeper dive into the concepts of Global Employment Organizations (GEOs) and People Employment Organizations (PEOs)/Employer of Record (EOR)
  • Uncover red flags and risks associated with each employment model, ensuring a comprehensive understanding of potential challenges in equity-based compensation

 

CPE CREDIT: 1.0
Field of study: Tax
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Oksana Lapii, EY
Sam George, Lyft
Randy Murphy, Instacart
Liana Kolodenker, Globalization Partners

Event date
Wednesday, 10 Apr 2024, 14:00 - 15:00
Country
Breakout series
Location
Germantown 2

3.5 Leaders' Lounge: Mastering employee financial literacy and wellness

Are you grappling with how to effectively engage your employees in financial literacy? Join four esteemed Fellows of Global Equity, representing diverse issuers from Pre-IPO to mature large cap companies, as they share invaluable perspectives. Delve into key considerations:
Discover answers to critical questions such as the appropriate engagement level, measuring success, why financial literacy is an equity team's concern, and how to create lifecycle-aligned programs. Join them for a profound exploration of employee financial literacy from the experts who understand the nuances of diverse corporate landscapes.

KEY LEARNING POINTS:

  • Strategies to engage employees at various levels of financial wellness
  • Understand the issuer's role in fostering financial literacy
  • Navigate the fine line between providing information and giving advice

 

CPE CREDIT: 1.0
Field of study: Communication 
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Matt Connor,  FGE, Lucid Motors
Nadine Franczyk, FGE, Amyris
Jessica Vinsand, FGE, Chainaylsis
Sandra Sussman, FGE, SAP

Event date
Wednesday, 10 Apr 2024, 10:45 - 11:45
Country
Breakout series
Location
Germantown 3

10.4 T+1: the increased imperative for automation

In the face of tightening settlement time regulations, including the imminent US T+1 requirements, our expert panel, featuring Fidelity, and representatives from Deloitte US and Deloitte Canada, invites you to explore the imperative of establishing an automated and efficient end-to-end processing system for equity transactions. Drawing from their experiences with companies boasting complex remote work policies, mobility programs, and diverse equity awards, the panel unveils insights into challenges, lessons learned, and leading practices in achieving process efficiencies from grant to global payroll instructions. Dive into discussions covering broker and HR systems requirements, data exchange challenges, collaboration with payroll, and the pivotal role of enhancing employee experience.

KEY LEARNING POINTS:

  • Understand the challenges posed by evolving regulations, such as the US T+1 requirements and SEC Rule 15c6-2
  • Explore strategies employed by Airbnb, Nike, and Fidelity Investments in achieving automated and efficient end-to-end processing of equity transactions
  • Gain insights into planning ahead for common surprises and anticipating the impact of upcoming changes in regulations, ensuring a seamless automation process

 

CPE CREDIT: 1.0
Field of study: Specialized Knowledge
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Jerome Tresallet, Deloitte 
Katie Lyons, Fidelity

 

Event date
Thursday, 11 Apr 2024, 12:45 - 13:35
Country
Breakout series
Location
Germantown 2

10.1 Preparing executives for liquidity events in shifting regulations

Planning to go public amid the dynamic SEC landscape? After a prolonged dry market period, companies are eager to resume IPO efforts, but executives face new regulations and scrutiny. Join our panel as they guide you through the entire IPO timeline – from pre-IPO preparations to lock-up expiration. Gain insights into the challenges posed by an active SEC, changes to Rule 10b5-1, Rule 144, and the shift to T+1 settlement. Join them as they give you a comprehensive playbook to manage expectations and ensure a smooth IPO experience for your executives and key insiders.

KEY LEARNING POINTS:

  • Explore stock plan services, regulatory education, communication planning, and pre-liquidity financial planning
  • Discuss differences in direct listing and the intricacies of lock-up expiration
  • Review updates on Rule 10b5-1, Rule 144, and T+1 settlement, and receive guidance on navigating these new rules

 

CPE CREDIT: 1.0
Field of study: Specialized Knowledge
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Rich Baker, Morgan Stanley at Work
Joshua Shek, Morgan Stanley at Work
Travis Triano, Davis Polk
Lamont Walker, Lyft
Mary Anne Becking, Canva

Event date
Thursday, 11 Apr 2024, 12:45 - 13:35
Plan type
Country
Breakout series
Location
Germantown 4

9.3 Navigating global tax education challenges

Join this panel of tax and communication experts as they delve into the intricacies of global tax education. This professional session will unveil essential tools, best practices, and effective approaches for educating employees worldwide. Despite the complex landscape, the session provides insights into crafting sophisticated strategies tailored to enlighten diverse audiences on tax matters. Explore how to strike the right balance between comprehensive information and practicality. Attendees will gain valuable knowledge on simplifying the complexities associated with global tax education.

KEY LEARNING POINTS:

  • Best practices for implementing global tax education
  • Essential tools to streamline complex topics for diverse audiences
  • Strategies for effectively educating employees at all levels

 

CPE CREDIT: 1.0
Field of study: Specialized Knowledge
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Jen Francis, Aon
Jennifer Thomas, ServiceNow
Andrew Cecchetti, Capri Holding Limited 
Blake Eisenburg, Aon

Event date
Thursday, 11 Apr 2024, 11:00 - 11:50
Country
Breakout series
Location
Germantown 1

8.5 Potential pitfalls of cross-border stock awards

Dive deep into the intricate world of global compliance with our expert panel. Explore the potential compliance traps stock plan administrators must navigate, from unfavorable tax outcomes for both employees and employers to securities registration hurdles, currency exchange complexities, and disclosure requirements under local law. Uncover the latest legal developments reshaping stock plans, including insights into the new EU-US Data Privacy Framework and proposed EU cybersecurity regulations (DORA). 
Join them for a comprehensive discussion that unveils the intricacies of global compliance, ensuring you're equipped to steer your cross-border stock plans through the regulatory landscape.
 

KEY LEARNING POINTS:

  • Uncover identifying compliance traps in cross-border stock plans
  • Explore navigating tax, securities, and currency exchange challenges
  • Stay informed on recent legal developments

 

CPE CREDIT: 1.0
Field of study: Business Law
Level: 0
Delivery method: Group internet-based
Advanced preparation: None

CEP CONTINUING EDUCATION CREDIT (CE): 1.0

*CPE credits are provided for live webcasts only. Please visit our Continuing Education and Event Policies pages for more information.

Speaker/Author

Jennifer George, PwC
Mark Jones, Pillsbury Winthrop Shaw Pittman
Vanessa Renna, Thermofisher Scientific

Event date
Thursday, 11 Apr 2024, 10:00 - 10:50
Country
Breakout series
Location
Germantown 3
Field of Study
Specialized Knowledge
Level
O