New considerations for director compensation awards in light of Delaware Supreme Court's recent decision in In Re Investors Bancorp

The subject of director compensation awards has been moving up the corporate governance agenda of many public companies since December 2017. The Delaware Supreme Court ruled then in In re Investors Bancorp, Inc. Stockholder Litigation that, except under limited circumstances, a Delaware court may not apply the deferential business judgment standard in reviewing challenges to director awards granted by the board or a board committee under stockholder-approved equity incentive plans, including plans that contain limits on awards that may be made to directors.

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