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Restrictive Covenants in Equity Compensation Award Agreements
Winston & Strawn LLP Link to more items from this source
Apr. 4, 2014

"Roughly, one-third of companies have placed restrictive covenants on their most recent equity grants, with prevalence not much dependent on company size. This is consistent with my guestimate -- when you exclude California company participants. The restrictions most often include non-competition, non-solicitation and non-disparagement. Most respondents apply the restrictions to all award recipients, as opposed to only select senior executives. The most common consequence/remedy for a violation is a clawback of realized gains from a specified period prior to the violation."

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