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Total Articles: 10

A Blue-Ribbon Panel Commissioned by the Ethics Resource Center Makes Bold Suggestions to Improve the Federal Sentencing Guidelines for Organizations

For the past two decades, employers have gradually taken steps to implement compliance and ethics programs. An employer's motivation for taking these steps often varies, but one common motivation is to ensure that those responsible for oversight and executive management are exercising their legal duties to implement programs reasonably designed to prevent criminal misconduct from occurring. Looking ahead, the bar to clear for having an “effective” compliance and ethics program is likely going to rise.

When Do Exaggerations and Misstatements Cross the Line?

When public figures are caught embellishing their accomplishments or qualifications, whether by exaggeration or misstatement, people everywhere express outrage. Indeed, as more and more politicians, CEOs and other big names these days try to make amends for fudging their resumes, incorrectly relating the details of a story or otherwise playing fast and loose with the facts, the general reaction from an increasingly jaded public is: "What were they thinking?"

FTC Guidelines May Create Company Liability for Employees' Online Endorsements.

In October 2009, the Federal Trade Commission (FTC) issued final guidelines, which became effective on December 1, 2009, regarding the use of “endorsements and testimonials” in advertising. “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR Part 255. Under those guidelines, employees who use social media like blogs or Facebook to make statements about their employers’ products may create unintended legal liability for their employers if a consumer later claims to have been misled into purchasing an allegedly dangerous or defective product by such a posting.

Congress Considers "Patriot Corporations ofAmericaAct” (pdf).

A Congressional committee is currently reviewing a bill titled the “Patriot Corporations of America Act of 2009” (H.R. 1874), which would take effect for taxable years beginning after December 31, 2009. The bill’s stated purpose is “to provide federal contracting preferences for, and a reduction in the rate of income tax imposed on, Patriot corporations, and for other purposes.”

Are Overconfident Executives More Inclined to Commit Fraud?

No one makes it to the top ranks of corporate management without a healthy amount of self-assurance. Confidence underlies decisive, strong leadership, but does overconfidence lead managers to cross the line and commit fraud?

Corporate Governance by the Numbers: It Doesn't Work.

Formulas used by consultants and ratings services that assign single numbers or grades to a company's corporate governance practices don't work, suggest three Wharton professors in a new paper entitled, "Does Corporate Governance Really Matter?" Yes, it matters, the authors say, but what also matters is how performance is measured. Companies and their situations are too diverse to be shoehorned into simple scorecards. As one researcher notes, "The recipe book is big, and there's a different recipe for each company."

Why Smart People Do Unethical Things: What’s Behind Another Year of Corporate Scandals.

You might think that with the passing of another year, the corporate scandals that have rocked American business would be showing signs of petering out. They are not.

Managing With Soul: Combining Corporate Integrity With the Bottom Line.

While most corporations don’t go so far as to cook their books, are they not dedicated to making money above all else?

Has Sarbanes-Oxley Made a Dent in Corporate America’s Armor?

In the 12 months since it was signed by President Bush, the landmark Sarbanes-Oxley Act has caused U.S. companies to spend heavily on compliance, altered the culture of boardrooms and boosted the business of firms that offer ethics and compliance consulting.

Those Who Sit on Company Boards Face a New, Tougher Job Description.

As more details begin to emerge in the scandal surrounding HealthSouth – the country’s largest provider of rehabilitative health care and outpatient surgery whose top executives stand accused of multi-billion dollar accounting fraud – the question again arises: Where were the board of directors and auditors during this time and why didn’t they know what was going on?
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