The Norwalk Hour

Purdue Pharma CEO’s $2.5M bonus approved

- By Paul Schott pschott@stamfordad­vocate.com; twitter: @paulschott

STAMFORD — OxyContin maker Purdue Pharma gained a bankruptcy judge’s approval Wednesday to pay its CEO and president a bonus of up to approximat­ely $2.55 million for 2022, but the plan also entails him giving up his rights to a potential sevenfigur­e severance payout.

Connecticu­t and 23 other states had opposed the 2022 bonus pay for Dr. Craig Landau — which would have originally totaled up to about $3 million — because they believe he should step down as CEO. But recent negotiatio­ns between them and Purdue produced a revised bonus plan, which entails a lower maximum amount and Landau’s agreement to forgo any severance compensati­on, which would now be worth up to about $2.87 million.

“That, in my mind, is a clearly reasonable settlement of these issues,” Judge Robert Drain said as he approved the plan during a remotely held hearing. It marked the latest Purdue hearing he would preside over because he is retiring on July 1.

Despite agreeing to the 2022 bonus — after objecting to other, sevenfigur­e bonuses for Landau that Drain has approved since Purdue filed for bankruptcy in September 2019 — Connecticu­t Attorney General William Tong still opposes Landau holding the company’s top position. Landau, 55, has served as CEO and president since June 2017 and worked at Purdue since 1999.

“Craig Landau led Purdue while the company peddled and profited from deadly addictive opioids, and rewarding him with a golden parachute would be unconscion­able. The objecting states negotiated this agreement to ensure that Purdue’s remaining funds go to abating the opioid crisis, not to enriching executives,” Tong said in a statement Wednesday, after Drain’s ruling. “Landau should not have any role in any new entity emerging from bankruptcy, and his resignatio­n is both necessary and appropriat­e.”

In November 2020, Purdue pleaded guilty to three criminal charges of conspiring to defraud the government and violating anti-kickback law. No individual­s, however, were charged in connection with that plea and Purdue officials have denied that Landau has been involved in any wrongdoing at Purdue.

“We strongly disagreed with the unsubstant­iated and previously rejected attacks on Dr. Landau. Our independen­t board of directors has total confidence in Dr. Landau as the right leader for the company during this transforma­tional time,” Purdue said in a statement Wednesday. “The agreement approved today allows Dr. Landau to continue his focus on responsibl­y running the company for the benefit of all creditors as the company stands ready to deliver billions of dollars of value, including potentiall­y life-saving overdose-reversal medicines, to help Americans affected by the opioid crisis.”

Landau’s bonus plan allows, however, for parties to try to claw back payments if were subsequent­ly found to have knowingly participat­ed in criminal misconduct while at Purdue.

The bonus plan also calls for Landau to submit an undated letter of retirement to the board of Knoa Pharma, the company that would succeed Purdue after it emerges from bankruptcy — a measure that would allow that panel to decide if or when he should retire from the company.

“His service as president and CEO has always been at the board’s discretion, which is standard corporate governance for all companies, whether they are in bankruptcy or not,” Purdue added in its statement. “Craig is fully committed to ensuring Purdue’s successful emergence and transforma­tion into Knoa Pharma, and he is equally committed to the post-emergence success of Knoa Pharma.”

In response to several inquiries from Hearst Connecticu­t Media, Purdue has so far declined to disclose Landau’s current base salary. It had totaled about $2.6 million, according to court filings in early 2020.

Among related rulings, Drain last month accepted Purdue’s request to pay up to approximat­ely $31 million in 2022 bonuses to the vast majority of its approximat­ely 500 employees.

In their arguments for the lowerlevel employees’ bonuses, Purdue officials said the additional compensati­on is necessary to combat high turnover and compete for new hires. Even with bonuses, attrition “has remained high,” with 19 resignatio­ns so far in 2022 — equal to a year-todate “annualized voluntary turnover rate” of nearly 13 percent, according to a Purdue motion filed in April.

Unresolved litigation

Nearly three years after filing for bankruptcy, Purdue is still trying to resolve litigation related to the several thousand lawsuits that allege it fueled the opioid crisis with deceptive OxyContin marketing.

In March, eight states, including Connecticu­t, that had appealed Drain’s approval last September of Purdue’s settlement plan announced that they would accept a $6 billion national agreement with the company and the Sackler family members who own the firm.

But the settlement is not guaranteed because district judge Colleen McMahon last December overturned Drain’s decision. The company appealed McMahon’s ruling to the U.S. Court of Appeals for the Second Circuit. It is not clear when the Second Circuit will issue a ruling on the appeal.

If the Second Circuit finds that Drain properly confirmed the settlement plan, then Purdue would work toward emerging from bankruptcy, a process that could be completed within the next few months.

But if a party disagrees with the Second Circuit’s ruling, it could appeal to the U.S. Supreme Court. The Department of Justice’s U.S. Trustee still opposes Purdue’s proposed settlement terms.

 ?? Hearst Connecticu­t Media file photo ?? Purdue Pharma is headquarte­red at 201 Tresser Blvd. in downtown Stamford.
Hearst Connecticu­t Media file photo Purdue Pharma is headquarte­red at 201 Tresser Blvd. in downtown Stamford.
 ?? ?? Landau
Landau

Newspapers in English

Newspapers from United States