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Author: Tom Baker
Publisher: University of Chicago Press
ISBN: 0226035077
Category : Law
Languages : en
Pages : 295
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Book Description
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws. As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
Author: Tom Baker
Publisher: University of Chicago Press
ISBN: 0226035077
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws. As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Tina Søreide
Publisher: Edward Elgar Publishing
ISBN: 1788970411
Category : Law
Languages : en
Pages : 377
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Book Description
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
Author: Daniel Schwarcz
Publisher: Edward Elgar Publishing
ISBN: 1782547142
Category : Law
Languages : en
Pages : 549
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Book Description
The fields of insurance law and insurance economics have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance e
Author: Theodore L. Banks
Publisher: Wolters Kluwer
ISBN: 0735593817
Category : Business & Economics
Languages : en
Pages : 1812
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Book Description
Corporate Compliance has changedand—stricter guidelines now impose criminal penalties for activities that were previously considered legal. The and“business judgmentand” rule that protected the decisions of officers and directors has been severely eroded. The Corporate Federal Sentencing Guidelines of the U.S. Sentencing Commission require an effective compliance program, but even if you follow their requirements to the letter, you wonand’t really know if your compliance program works or if you have created a corporate culture that supports compliance. Now, with the completely updated Second Edition of Corporate Legal Compliance Handbook, youand’ll have help in creating a complete compliance system that complies with federal regulations and meets your specific corporate needs. Unlike the complicated or incomplete resources available today, Corporate Legal Compliance Handbook, Second Edition provides explanatory text and background material in two convenient formats: print and electronic. The accompanying CD-ROM contains reference materials, forms, sample training materials and other items to support program development. Corporate Legal Compliance Handbook, Second Edition gives you a unique combination: the essentials of the key laws your corporation must address, specific compliance regulations, and practical insights into designing, implementing, and managing an effectiveand—and efficientand—legal compliance program. It will help you identify the risks your company faces, and devise a system to address those risks. It will help you create a targeted compliance program by examining the risks attached to job descriptions, creating the appropriate corporate policies, establishing control programs, communicating effectively, and testing the effectiveness of your program. Corporate Legal Compliance Handbook, Second Edition will show you: How to ensure that your company establishes an effective compliance program How to master practical risk assessment tools How to identify any special risks posed by you clientand’s type of business How to make sure that each employee involved in a business process understands his or her individual responsibility in the companyand’s legal compliance program
Author: Nicholas Morris
Publisher: OUP Oxford
ISBN: 019102077X
Category : Business & Economics
Languages : en
Pages : 433
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Book Description
Adam Smith's 'invisible hand' relied on the self-interest of individuals to produce good outcomes. Economists' belief in efficient markets took this idea further by assuming that all individuals are selfish. This belief underpinned financial deregulation, and the theories on incentives and performance which supported it. However, although Adam Smith argued that although individuals may be self-interested, he argued that they also have other-regarding motivations, including a desire for the approbation of others. This book argues that the trust-intensive nature of financial services makes it essential to cultivate such other-regarding motivations, and it provides proposals on how this might be done. Trustworthiness in the financial services industry was eroded by deregulation and by the changes to industry structure which followed. Incentive structures encouraged managers to disguise risky products as yielding high returns, and regulation failed to curb this risk-taking, rent-seeking behaviour. The book makes a number of proposals for reforms of governance, and of legal and regulatory arrangements, to address these issues. The proposals seek to harness values and norms that would reinforce 'other-regarding' behaviour, so that the firms and individuals in the financial services act in a more trustworthy manner. Four requirements are identified which together might secure more strongly trustworthy behaviour: the definition of obligations, the identification of responsibilities, the creation of mechanisms which encourage trustworthiness, and the holding to account of those involved in an appropriate manner. Financial reforms at present lack sufficient focus on these requirements, and the book proposes a range of further actions for specific parts of the financial industry.
Author: Andrew DeJoy
Publisher: Simon and Schuster
ISBN: 1637630670
Category : Business & Economics
Languages : en
Pages : 153
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Book Description
Andrew DeJoy's Behind the Swap offers a middle office perspective on the risks and miscommunications in post-trade processing and provides a framework and solutions for a better approach. In August of 2020, Citibank made one of the worst mistakes in banking history: it accidently sent out almost $900 million of its own funds. Many of the recipients didn't give back the money. Citibank sued. And a federal court ruled that the recipients could keep the funds. Citibank's error is not surprising. The underlying contributors that led to the mistaken payment permeate the global financial services industry. Manual data entry, decades old technological infrastructure, inadequate training, and systems that can't interact with one another are just a few of the problems that face post-trade processing--the machinery behind financial markets. Unfortunately, years of neglect by regulators and financial institutions themselves has left this infrastructure needlessly complex, astoundingly inefficient, frequently inaccurate, and woefully inadequate for modern financial markets. The problems are easy to see but difficult to admit. For financial institutions, the current system costs billions of dollars each year in labor, systems maintenance, and lost funds. For regulators, the current system precludes the ability to track systemic risk. It also artificially inflates the stability of the global financial system. For lawyers and prosecutors, the current system allows ample opportunity for unlawful misconduct such as rogue trading and fraud. Andrew DeJoy's Behind the Swap examines the risks involved in post-trade processing in swaps and derivative markets and provides solutions to better control those risks. While Andrew doesn't claim to have all the answers, he does believe there is a better system that is both achievable and necessary.
Author: Claire A. Hill
Publisher: Edward Elgar Publishing
ISBN: 1781005214
Category : Law
Languages : en
Pages : 497
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Book Description
Comprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics.
Author: Maurice R. Greenberg
Publisher: John Wiley & Sons
ISBN: 1118519582
Category : Business & Economics
Languages : en
Pages : 361
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Book Description
Selected as one of Motley Fool’s "5 Great Books You Should Read" In The AIG Story, the company's long-term CEO Hank Greenberg (1967 to 2005) and GW professor and corporate governance expert Lawrence Cunningham chronicle the origins of the company and its relentless pioneering of open markets everywhere in the world. They regale readers with riveting vignettes of how AIG grew from a modest group of insurance enterprises in 1970 to the largest insurance company in world history. They help us understand AIG's distinctive entrepreneurial culture and how its outstanding employees worldwide helped pave the road to globalization. Corrects numerous common misconceptions about AIG that arose due to its role at the center of the financial crisis of 2008. A unique account of AIG by one of the iconic business leaders of the twentieth century who developed close relationships with many of the most important world leaders of the period and helped to open markets everywhere Offers new critical perspective on battles with N. Y. Attorney General Eliot Spitzer and the 2008 U.S. government seizure of AIG amid the financial crisis Shares considerable information not previously made public The AIG Story captures an impressive saga in business history--one of innovation, vision and leadership at a company that was nearly--destroyed with a few strokes of governmental pens. The AIG Story carries important lessons and implications for the U.S., especially its role in international affairs, its approach to business, its legal system and its handling of financial crises.
Author: Tom Baker
Publisher: Aspen Publishing
ISBN: 1543831028
Category : Law
Languages : en
Pages : 1038
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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A contemporary, easy-to-teach text by the Reporters for the new Restatement of the Law Liability Insurance, this casebook invites students and teachers to re-imagine the field of Insurance Law. The authors demonstrate the big-picture role of insurance law and policy in American business and society, exploring federal-state regulatory roles in depth as well as the traditional topics covered in casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. This text appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Teacher’s Manual—with case briefs, backgrounds on selected cases, simple diagrams that explain complex issues, and answers to questions and problems—is especially useful for instructors new to the course. New to the Fifth Edition: Expanded coverage of the role of insurance in disasters and catastrophes, including the COVID-19 pandemic Extensive treatment of the now-finalized Restatement of the Law, Liability Insurance Reorganization of the liability insurance chapters to facilitate more step-by-step learning Replacement of a few difficult-to-teach cases with new, more straightforward cases Professors and student will benefit from: Focus on the big picture of federal-state regulatory roles in addition to the traditional insurance coverage topics addressed in other Insurance Law casebooks Extensive use of statutory materials, with statutes typically presented through carefully-constructed problems Manageable assignments structured with one major case, informative notes, questions, and a problem Interesting, up-to-date cases, with context-setting introductions, on topics such as cyber insurance, the role of private insurance in responding to public catastrophes, and the new Restatement of the Law Liability Insurance Cases are longer, providing students better grounding in the art of extracting useful knowledge from judicial opinions Elimination of some of the arcane aspects of insurance law in favor of presenting a broad and conceptual overview of the field
