Skadden Discusses New SEC Pay Versus Performance Compliance Disclosure Interpretations

The CLS Blue Sky Blog

Shalom D. Huber Joseph M. Penko Erica Schohn Loren Koles

Partners Shalom Huber, Joseph Penko and Erica Schohn and associate Loren Koles look at eight new and two revised Compliance & Disclosure Interpretations (C&DIs) from the SEC relating to the final pay-versus-performance (PVP) disclosure rules adopted last year. The most recent C&DIs:

  • Supplement the C&DIs issued by the staff in February and September 2023;
  • Provide additional answers to questions that companies encountered in complying with the disclosure rules for the first time during the 2023 proxy season; and
  • Clarify the portions of the earlier C&DIs subject to the most debate.