Clawback Clauses: Legal Framework and Economic Analysis
By Maurice Nussenbaum and Sophie Schiller, published by LexisNexis in the journal “Actes pratiques et ingénierie sociétaire” (No. 2, March–April 2026)
“So-called clawback clauses allow a company to recover all or part of a sum already paid—most often a commission, bonus, or compensation—to an employee or executive when certain contractually stipulated conditions are met (poor performance, fraud, illegal action, or violation of internal rules).”
The article presents the different categories of clauses and their legal and economic assessment, particularly regarding the quality of reporting and the alignment of executive compensation with their performance.
Clauses de claw back régime juridique analyse econ Lexisnexis n°2 avr mars 2026