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Here's a Novel Concept: A Posthumous Non-Compete Payment

January 30th, 2009 @ 7:21 am

1 Comment

Categories: Best Practices, Board Management, CEO Succession, Compensation, Corporate Governance, Executive Ethics, Executive Focus, Finance, Management, Shareholder Activism, Strategy, Tips and Tools, Wisdom

Tags: Shareholder, Coffin, Financial Accounting, Finance, Peter Galuszka

Many firms want top executives to sign agreements that they won’t join competing firms after their departure. But can one still compete after he or she dies?

That was the conundrum that helped put a nail, theoretically at least, in the “golden coffin” concept, which involves giving payments to families if a top executive dies in office.

In a tale like a Woody Allen screenplay, sixty-six percent of shareholders at an annual meeting of Shaw Group, a Baton-Rouge-based engineering firm, voted thumbs down Jan. 29 on a proposal to pay $38.2 million upon the death of chairman J.M. Bernhard Jr. in addition to a posthumous $15 million “non-compete” arrangement.

Naturally, it is difficult to imagine how Bernhard could be working for a competing firm after his death. Apparently, shareholders thought so, too, in the non-binding vote, which was orchestrated by union-oriented Amalgamated Bank which holds less than one tenth of a percent of company stock.

The company argued that the payouts would make Bernhard immune from potential headhunters.

Thye vote suggests that shareholders are going to be especially aggressive as the proxy season approaches.

 
 

 

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    Bouchart

    01/30/09 | Report as spam

    RE: Here?s a Novel Concept: A Posthumous Non-Compete Payment

    Maybe zombies would make better executives than the ones we have now.

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