‘Failure to Assume’ May Be a Successful Change-in-Control Practice

Although the hybrid failure-to-assume approach isn't a majority practice, it has been increasing in prevalence, and for good reason.

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In recent years, increased scrutiny over ­executive compensation practices by activ­ist shareholders, proxy advisory firms, cor­porate governance experts, and the media generally has resulted in a number of com­pensation design changes. One is a shift in the treatment of unvested…