New Liability Under the FCPA: Control Person Liability

The SEC charged Nature’s Sunshine Products Inc. with violating the Foreign Corrupt Practices Act after its Brazilian subsidiary made cash payments to customs officials to get their products imported into the country. The SEC also included two officers of the company in those charges. That part of the case was fairly standard. What was new … Read more »

42

In Douglas Adams’ The Hitchhiker’s Guide to the Galaxy, 42 is the number from which all meaning  could be derived. A group of hyper-intelligent pan-dimensional beings demand to learn the answer to the Ultimate Question of Life, the Universe, and Everything from the supercomputer, Deep Thought. It takes Deep Thought 7.5 million years to compute … Read more »

Radical Transparency

The current buzzword in the markets is “transparency.” Companies want to be more transparent so investors, customers and partners can better understand the company. Some of this came from Enron, whose operations and financial statements were often called “opaque.” With the growing Web 2.0 it is harder to get secrets as anyone with an internet … Read more »

Executive Compensation, Where Everyone is Above Average

It seems like executive compensation consultants come from Lake Wobegon, where “all the women are strong, all the men are good looking, and all the children are above average.” I think executives should be compensated for out-performing their peers. They shouldn’t be punished for a negative performance due to external forces if they still out-performed … Read more »