Boston University’s Code of Conduct

For a change of pace, I thought I would look at the codes of conduct for educational institutions for their take on the issues. Boston University has an easy to find page with the President’s Statement of Commitment to Ethical Conduct with a link to the BU’s Code of Ethical Conduct. Boston University is committed […]

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CEO Pay and the Lake Wobegon Effect

Rachel Hayes and Scott Schaefer of the University of Utah have published CEO Pay and the Lake Wobegon Effect in the Journal of Financial Economics.  The central tenet is that every CEO wants to be paid above average because that means the company is performing above average.

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President’s Working Group on Financial Markets Reports

Asset Managers’ Committee and the Investors’ Committee of the President’s Working Group on Financial Markets Reports have released their best practices reports for hedge fund managers and investors, respectively: Asset Managers’ Committee Report (.pdf) and the Investors’ Committee Report (.pdf). In the Asset Manager’s Committee Report: A Manager should establish a comprehensive and integrated compliance […]

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Document Retention Policies and Spoliation of Evidence

In a recent case, a court found the implementation of a document retention policy to amount to the spoliation of evidence and imposed the “nuclear” sanction of declaring the suit unenforceable. In the case of Micron Tech. v. Rambus in the U.S. District Court for Delware, Judge Sue Robinson was addressing the effect of Rambus’ […]

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Data Breach at Heartland Payment Systems

Heartland Payment Systems (HPY) disclosed that intruders hacked into the computers it uses to process 100 million payment card transactions per month for 175,000 merchants.  The company said it couldn’t estimate how many customer records have been compromised, but said the data compromised include the information on a card’s magnetic strip  that could be used […]

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Can Facebook Get You Into Legal Trouble?

Kim S. Nash writing for CIO.com: How Text Messaging and Facebook Can Get You in Legal Trouble. The article focusing on the electronic discovery pitfalls of the ever-changing and expanding ways we communicate. One thing is clear, banning access to social networking platforms is not effective. Even if you ban access in the workplace, your […]

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Facebook and Airlines

British Airways and Virgin Atlantic both ran into trouble when their employees posted nasty remarks about their customers on Facebook. This raises the question about whether the companies did enough to educate their employees about the proper use of social networking. See: The Economist: Losing Face The Guardian: Virgin Sacks 13 Over Facebook ‘chav’ Remarks […]

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Draft SEC Filings Can Be Protected From Discovery

In a January 9, 2009 order, Magistrate Judge Morton Denlow of the US District Court for the Northern District of Illinois ruled that Aon was not required to produce an email seeking comments on draft disclosure language for Aon’s Form 10-K because it was protected by the attorney-client privilege. Magistrate’s Opinion and Order in Roth […]

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Risk IQ

Sumner Blount and CA have coined the term Risk IQ to address a company’s risk management environment:  Risk IQ – The Key to Effective Risk Management. The idea is deliver comprehensive, timely and accurate information to the decision makers to improve the decision-making process. They break the Risk IQ into two parts: visibility and insight. […]

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The Anti-Corruption Principle in the U.S. Constitution

Are integrity or self-governance part of the constitutional framework of the United States? Do we need to give constitutional-like weight to the distortions to our democracy seen in campaign finance, redistricting, term limits and lobbying? Zephyr Teachout published an article in the January 2009 edition of the Cornell Law Review: The Anti-Corruption Principle (pdf). The […]

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