James E. Earle

• Capital Markets
• Corporate
• Employee Benefit Guidance on Workforce Transitions
• Employee Benefits + Executive Compensation
• Executive + Equity-Based Compensation
• Governmental Audits, Benefit Claims + ERISA Litigation
• Mergers + Acquisitions
• Plan Governance, Investment + Fiduciary Issues
• Real Estate Capital Markets (REITs)
• Tax

National Association of Stock Plan Professionals (2002-present; Carolinas Chapter, 2002-present; Board Member 2003-present; President 2005-2007)

• “Equity Compensation: When Does It Make Sense and What Types of Awards Should You Use?,” Southern Federal Tax Institute, Atlanta, Georgia, November 1, 2023.
• “409A Overview and Traps for the Unwary,” TEI Carolinas Meeting, Raleigh, NC, November 11, 2022.
• “Code Sections 280G and 162(m): How Not to Limit Executive Compensation Through Tax Rules,” TEI Chicago and Troutman Pepper M&A Tax Consideration Series, TEI Chicago and Troutman Pepper Webinar Series, May 11-13, 2021.
• “Employment Agreements, Severance Plans, and Nonqualified Plans – What You Don’t Know Can Hurt You,” University of South Carolina Darla Moore School of Business 44th Annual Retirement and Benefits Management Seminar, April 2015.
• “Developments in Compensation for Banks,” Association for Advanced Life Underwriting (AALU) Annual Meeting, April 2010.
• “The Evolving Role of Risk Management in the Design and Governance of Compensation Programs,” Mortgage Bankers Association Human Capital Management Symposium, September 2009.
• “De-mystifying the New Bank Bailout Executive Compensation Limits – What It Means for All of Us,” National Association of Stock Plan Professionals (NASPP) Carolinas Chapter Meeting, April 2009.
• “Aesop’s Stock Option Fables: A Litigation Update,” The Source 2008 Conference, June 2008.
• “Executive Departures, Proxy and You,” NASPP Carolinas Chapter Meeting, April 2008.
• “Getting Ready for the 2008 Proxy Season,” NASPP Carolinas Chapter Meeting, November 2007.
• “409A Update,” NASPP Carolinas Chapter Meeting, November 2006.

• Co-author, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” Troutman Pepper Locke, May 5, 2025.
• Co-author, “An Early Look at New Proxy Disclosures Regarding Stock Option Grant Timing,” Troutman Pepper Locke, February 6, 2025 and INSIGHTS: The Corporate & Securities Law Advisor, April 2025.
• Podcast, “Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-Chevron World,” Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions Podcast Series, August 22, 2024.
• Co-author, “The Impact of Dodd-Frank Clawback Policies on NQDC Plans,” The Corporate Governance Advisor, September/October 2024 (reprinted from Troutman Pepper).
• Co-author, “The Impact of Dodd-Frank Clawback Policies on NQDC Plans,” Troutman Pepper, June 24, 2024.
• Co-author, “A Closer Look at Feds’ Proposed Banker Compensation Rule,” Law360, June 6, 2024.
• Co-author, “Several Regulators Re-Propose Rules to Curb Incentive Compensation at Financial Institutions,” Troutman Pepper, May 13, 2024.
• Co-author, “IRS Overreaches in Applying Section 409A to Independent Contractors,” Tax Notes Federal – Vol. 186, No. 6, May 6, 2024.
• Co-author, “Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution,” Troutman Pepper, March 29, 2024.
• Co-author, “Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?,” Troutman Pepper, February 1, 2024.
• Podcast, “Getting Ready for 2024 – Top-Hat Plans,” Employee Benefits and Executive Compensation Podcast, December 6, 2023.
• Podcast, “Navigating Noncompetes: A Comprehensive Guide – Part 1,” Hiring to Firing Podcast, November 6, 2023.
• Co-author, “Delaware Further Updates its Framework for Equity Award Delegations,” Troutman Pepper, September 19, 2023.
• Co-author, “IRS Issues Guidance on EPCRS Expansion of Under SECURE Act 2.0,” Troutman Pepper, June 22, 2023.
• Co-author, “Clawback Policies Required by December 1,” Troutman Pepper, June 12, 2023.
• Co-author, “SEC Updates Clawback Rule Timing,” Troutman Pepper, May 3, 2023.
• Co-author, “SEC Adopts Final Rule Amendments for Rule 10b5-1 Trading Plans and Creates New Disclosure Requirements,” Troutman Pepper, January 4, 2023.
• Co-author, “SEC Adopts Final Clawback Rules,” Troutman Pepper, November 8, 2022.
• Co-author, “An Updated Framework for Delegating Equity Grant-Making Authority in a Delaware Public Company,” Troutman Pepper, August 10, 2022.
• Co-author, “U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims,” Troutman Pepper, January 28, 2022.
• Co-author, “Cybersecurity Security Best Practices for Retirement Plan Administration,” Troutman Pepper, April 29, 2021.
• Co-author, “COVID-19 Executive Compensation Q&As: Focus on Incentive Plans and Nonqualified Deferred Compensation,” Lexis Practice Advisor, April 13, 2020.
• “Global Update on Regulation of Compensation for Financial Services Companies,” Benefits Law Journal, Vol. 24, No. 3, Autumn 2011.
• “Federal Regulators Propose Rule Addressing Incentive-Based Compensation Arrangements for Financial Firms,” Securities Regulation & Law Report, July 11, 2011.
• “The Dodd-Frank Act: Immediate and Longer-Term Impacts on Executive Compensation,” Benefits Law Journal, Vol. 24, No. 1, Spring 2011.
• “Compensating Hedge Fund Managers With Stock Options: A New Path to Alignment of Interests with Investors,” Benefits Law Journal, Vol. 23, No. 3, Autumn 2010.
• “Emerging Role of Clawback Policies for Managing Risk in Compensation Programs,” Benefits Law Journal, Vol. 23, No. 1, Spring 2010.

• Quoted, “Water Cooler Talk: Insights On Noncompetes From ‘The Office’,” Law360, January 11, 2024.
• Quoted, “Benefits Regulations And Legislation To Watch In 2020,” Law360, January 1, 2020.
• Quoted, “The Biggest Benefits Policy Developments Of 2019,” Law360, December 19, 2019.
• Quoted, “3 Executive Compensation Cases To Watch As 2019 Rolls On,” Law360, July 22, 2019.
• Quoted, “Troutman Sanders Adds 3 K&L Gates Benefits Attys In NC,” Law360, July 17, 2019.
• Quoted, “Troutman Lifts Trio of Charlotte Partners From K&L Gates,” Daily Report, July 10, 2019.
• Mentioned, “Laterals, Moves, Promotions,” Bloomberg Law: Big Law Business, July 9, 2019.