* If Maxwell sold the bonus shares at a profit before the
clawback was activated and he needs to repay the bonus shares plus the profit he made on them, how much of the profit was illegally gained from manipulating the company's financials and how much was legitimate?
"Jury trials in
clawback litigation, which begin as adversary proceedings in bankruptcy court, are rare.
The
clawback mechanism entailed that 25pc of profit value exceeding 12pc return on assets and not over 15pc be transferred to consumers and 50pc in case of annual return ranged between 15pc and 18pc and 75pc in case profit goes beyond 18pc.
Whilst determining KE's MYT from FY 2016-17 to 2025-26, certain facts came to the fore including earnings before interest and tax (EBIT) which required revision of Rs6.625
clawback calculations.
The bankruptcy trustee in the Goldberg case filed multiple
clawback actions against investors in the Ponzi scheme who had received money from it.
Were the contract to be awarded to (tried-and-tested) De La Rue, then that annual saving of PS12m might look like small-change compared to the tax
clawback.
Many companies already maintain
clawback policies that go beyond financial re-statements to cover detrimental conduct more broadly, particularly in industries where the potential for reputational or economic harm is high, such as financial services.
Hugo Baenziger, a former executive at Deutsche Bank (NYSE DB) has rejected a claim from the bank for a bonus
clawback.
The survey documents the effect of two relatively recent trends: direct and indirect remuneration (DIR) fees imposed on community pharmacies, and increased costs for patients at the pharmacy counter through co-pay
clawback fees.