Executives may find little motivation to remain employed at a company as annual bonus plans become compromised and long-term incentive vehicles (e.g. stock options, restricted stock) become virtually worthless. As a result, it is imperative that an organization implement an alternative compensation arrangement to retain key executive talent and incentivize them toward the level of performance necessary to achieve a successful restructuring.
In this recent article published in AIRA Journal, A&M’s Brian Cumberland and J.D. Ivy discuss the importance of designing incentive and retention plans that are “fair and reasonable,” reviewing the plans in place and evaluating the impact of those plans should the company enter bankruptcy protection, and carefully examining any compensation plans implemented at or near the time the company files for bankruptcy to ensure it meets the requirements under BAPCPA.
This article was originally published in AIRA Journal in August 2019. Copyright © 2019 Association of Insolvency & Restructuring Advisors.
Code of Practice 9 – What Is It and Is It Right for You?
December 12, 2025
At A&M, we regularly work alongside our clients’ existing advisors to ensure that they benefit from our extensive experience in managing Code of Practice 9 enquiries.
A&M Benefits Reference Guide
December 11, 2025
Many of the limits that pertain to qualified retirement plans and benefit plans are set by the Internal Revenue Service (IRS) and are subject to cost-of-living adjustments. In 2026, employees will be able to increase their retirement savings and contributions to health savings accounts as a result of the increased limits. The IRS limits for 2026 are summarized in the table below along with certain important compliance deadlines.
Pharma in Focus: A Prescription for Thai Tax & Tariff Health
December 8, 2025
Alvarez & Marsal recently hosted an engaging and practical session tailored for tax, finance, and trade professionals in the pharmaceutical industry. This first edition of our Thailand Tax Talk: Industry Series explored how tax leaders in the pharma sector can respond to increasing regulatory pressure, operational complexity, and cross-border trade disruption.
Supreme Court Upholds Delhi High Court Ruling: Indian Subsidiary Does Not Automatically Constitute PE, and No Further Profit Attribution Is Warranted Once the Subsidiary Arm’s Length Remuneration Is Paid
December 5, 2025
The Supreme Court’s affirmation of the Delhi High Court ruling in the Progress Rail case provides important clarity on Permanent Establishment standards in India.
The decision reinforces key principles on control, core functions, agency thresholds, and profit attribution.
It further underscores that arm’s-length remuneration to Indian subsidiaries precludes additional attribution.
A significant development for multinational enterprises evaluating their India-linked operating models.
