Digital Commons Network^™

Fight Or Flee: Outside Director Departures Prior To Contested Management Buyout Offers, Matteo P. Arena, Michaël Dewally, Sarah Peck

Finance Faculty Research and Publications

Research Question/Issue: We investigate outside director departures prior to management buyout offers (MBOs). In these transactions, managers have both an information advantage and incentives to make a lowball offer to shareholders. Outside directors can safeguard against managerial self‐dealing by negotiating for the best terms for public shareholders from either management or another bidder. Research Findings/Insights: It is typical that outside directors stay on the board through an MBO offer as MBOs are less likely to have changes in directors—either joining or leaving—relative to a control sample. After controlling for endogeneity as well as firm and director characteristics, we find that …

Will Ride-Hailing Enhance Mobility For Older Adults? A California Survey, Asha Weinstein Agrawal, Manish Shirgaokar, Aditi Misra, Martin Wachs, Bonnie Dobbs

Mineta Transportation Institute

Ride-hailing services such as Lyft and Uber offer a potential mobility option for the growing numbers of aging Californians who risk social and economic isolation if they cannot drive for health or financial reasons. They could also serve older adults who currently have mobility options but would prefer a ride-hailing alternative for at least some trips.

This study addressed whether and how older Californians use ride-hailing, as well as the potential of this travel mode to meet the needs of older adults now and in the coming decade. An online survey was completed by 2,917 California adults aged 55 and …

Information Selection And Literacy Competencies: The Visually Impaired Perspective On Loan Offers For Entrepreneurship, Priyo Subekti, Yanti Setianti, Syauqy Lukman, Hanny Hafiar

Library Philosophy and Practice (e-journal)

Often, we receive a tempting loan or financial offers from SMS e-mails. The offers would be more tempting and the messages are well-equipped with persuasive messages, when people need financial help. Such messages are also received by people with visual impairment and would require a certain information literacy capability for them to choose and filter these offers. This study attempts to dig information on how the visually impaired people would perceive loan/financial offers received from SMS and e-mails. We use a descriptive method with qualitative data extracted from in-depth interviews of the respondents. The respondents are visually impaired people that …

Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen

Arkansas Law Review

"For an intended injury the law is astute to discover even very remote causation." - Justice Thurgood Marshall

ExxonMobil, the world's largest oil company, misled the public about climate change for at least two decades. Several states' attorneys general have opened investigations into the potential criminality of the company's conduct. The Securities and Exchange Commission (SEC) has opened its own investigation. Criminal or not, however, ExxonMobil's conduct closely resembles schemes carried out by the tobacco, asbestos, opioid, sugar, and leaded gasoline industries, among others. The scheme is always the same: there is a product that is both profitable and destructive, …

The Case For Preempting State Money Transmission Laws For Crypto-Based Businesses, Carol R. Goforth

Arkansas Law Review

Few industries are evolving as rapidly or as dramatically as those involving payment systems. The recent advent and spread of cryptocurrencies and associated trading platforms and exchanges, as well as ongoing improvements and innovations in FinTech generally, ensure that this is going to continue for the foreseeable future. Along with this rapid change has come a dynamic increase in the number and range of payment startups, a development that has been recognized as likely to redound to the benefit of consumers and the broader economy. The problem is simply that regulation is not keeping up with innovation.

Why Non-Accelerated Filers Voluntarily Comply With Sox 404b?, Zhenfeng Liu, Yun Cheng, Ruonan Liu

Eberhardt School of Business Faculty Articles

This paper investigates the managers’ incentives to voluntarily comply with SOX 404b and the determinants of firms who voluntarily disclose SOX 404b internal control over financial reporting assessment. We find that voluntary SOX 404b reporting non-accelerated filers are more likely to receive effective internal control over financial reporting opinion than accelerated filers and large accelerated filers. We find that voluntary SOX 404b reporting non-accelerated filers are more likely to hire Big Four as independent auditors than non-SOX 404b reporting non-accelerated filers. We also predict and found substantially sufficient cases where non-accelerated filers which used to be, or ex-post became accelerated …

Hotline Press Newspaper- August 2020 Vol 36 No 20, Hotline Press Newspaper

Hotline Press Newspaper 2020

No abstract provided.

Shareholder Activism: Does Gender Diversity Among Hedge Fund Managers Affect Activism Returns?, Ankita Agarwal

Business Administration Dissertations - Archive

Divergent and often contradictory arguments appear in organizational research on the relationship between gender-diverse top management team and performance. In the present study, I integrate several distinct literatures to test a theoretical model that examines the influence of gender diversity among hedge fund executives on the performance of the target firm. Specifically, I argue that gender diversity among hedge fund executives weaken the performance consequences because females are perceived to possess traits less suited for the leadership position, which in turn influence their performance. I further argue that because of stereotypes gender-diverse hedge funds are perceived negatively and hence are …

Discretionary Dissemination On Twitter, Richard M. Crowley, Wenli Huang, Hai Lu

Research Collection School Of Accountancy

Using an unsupervised machine learning approach to analyze 12.8 million tweets posted by S&P 1500 firms from 2012 to 2016, we find that firms tweet more financial information around significantly negative or positive earnings announcements or accounting filings. Specifically, we observe a symmetric U-shaped relation between the number of financial tweets and the materiality of accounting information events. This relation is consistent with the theoretical prediction in Hummel et al. (2018) which assumes that managers are sensitive to their firm’s fundamental value. We document that this relation also holds for hyperlink usage in tweets about financial information around important events, …

Assessing The Prevalence Of Suspicious Activities In Asphalt Pavement Construction Using Algorithmic Logics And Machine Learning, Mostofa Najmus Sakib

Boise State University Theses and Dissertations

Quality Control (QC) and Quality Assurance (QA) is a planned systematic approach to secure the satisfactory performance of Hot mix asphalt (HMA) construction projects. Millions of dollars are invested by government and state highway agencies to construct large-scale HMA construction projects. QC/QA is statistical approach for checking the desired construction properties through independent testing. The practice of QC/QA has been encouraged by the Federal Highway Administration (FHWA) since the mid 60’s. However, the standard QC/QA practice is often criticized on how effective such statistical tests and how representative the reported material tests are. Material testing data alteration in the HMA …

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

UC Law SF International Law Review

No abstract provided.

Legal Transplants, Law Books, And Anglo-American Corporate Fiduciary Duties, Victoria Barnes

UC Law Business Journal

This Article explores legal transplants and divergences in Anglo- American corporate fiduciary law. The internal management rule in English law acts to restrict judicial interference in corporate governance disputes. It is conceptually similar to the business judgment rule but the two remain distinct. This Article explains why Anglo-American corporate law developed differently, despite its shared roots. It pinpoints the origins of the internal management rule to Lord Lindley’s work, which was written in the late nineteenth century. Lord Lindley was central to the development of corporate law in England and other common law jurisdictions within the British Empire, but his …

Addressing The Auditor Independence Puzzle: Regulatory Models And Proposal For Reform, Martin Gelter, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Auditors play a major role in corporate governance and capital markets. Ex ante, auditors facilitate firms’ access to finance by fostering trust among public investors. Ex post, auditors can prevent misbehavior and financial fraud by corporate insiders. In order to fulfill these goals, however, in addition to having the adequate knowledge and expertise, auditors must perform their functions in an independent manner. Unfortunately, auditors are subject to conflicts of interest by, for example, providing non-audit services or the mere fact of being hired and paid by the audited company. Therefore, even if auditors act independently, investors have reason to think …

Standing Under The Computer Fraud And Abuse Act, Michael J. O'Connor

Penn State Law Review (2003 - Present)

The Computer Fraud and Abuse Act (“CFAA”) provides civil and criminal penalties for computer intrusion. Current scholarship seeks to determine when a putative defendant has accessed a system without authorization. But no academic articles address who can bring suit for the intrusion. The system owner seems the natural complainant; after all, the CFAA punishes cyber-trespass. But the few courts to address the issue thus far have come to a surprising and contrary conclusion: anyone with confidential information on the system may bring suit. This turns the CFAA from a cyber-trespass statute into a more expansive tool, guarding against trade secret …

Strategies To Prevent And Detect Occupational Fraud In Small Retail Businesses, Marquita V. Davis, David Harris Iii

International Journal of Applied Management and Technology

The objective of this multiple case study was to explore internal control strategies owners of small retail businesses in southeastern Pennsylvania used to prevent and detect occupational fraud. The results of this study indicated that there are areas for action that owners of small retail businesses could take to prevent and detect occupational fraud. Strategies business owners could implement to protect their businesses from occupational fraud include monitoring, employee identity documents to track employee activity, separation of duties, and communication with employees. Small business owners serve their communities by focusing on wealth distribution, including donations to local charities that foster …

Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky

William & Mary Business Law Review

The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.

In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of the purpose of …

Fundamental Principles Of Accounting: A Case Analysis, Benjamin Bradford

Honors Theses

The following thesis examines twelve case studies in financial accounting standards in order to develop a more thorough understanding of public accounting procedures. Each case focuses on a different topic in public accounting, including accounting standards, accounting principles, accounting theory, financial statement preparation, or financial analysis. The case studies included within this thesis demonstrate an understanding of financial standards in accordance with Generally Accepted Accounting Principles (GAAP), financial statement preparation, financial analysis, and current issues in accountancy. These case studies were completed under the direction of Dr. Victoria Dickinson in fulfillment of the requirements of the University of Mississippi, Sally …

Detecting Credit Card Fraud: An Analysis Of Fraud Detection Techniques, William Lovo

Senior Honors Projects, 2020-current

Advancements in the modern age have brought many conveniences, one of those being credit cards. Providing an individual the ability to hold their entire purchasing power in the form of pocket-sized plastic cards have made credit cards the preferred method to complete financial transactions. However, these systems are not infallible and may provide criminals and other bad actors the opportunity to abuse them. Financial institutions and their customers lose billions of dollars every year to credit card fraud. To combat this issue, fraud detection systems are deployed to discover fraudulent activity after they have occurred. Such systems rely on advanced …

Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.

A Data-Analytics Approach For Risk Evaluation In Peer-To-Peer Lending Platforms, Feng He, Yuelei Li, Tiecheng Xu, Libo Yin, Wei Zhang, Xiaotao Zhang

Research Collection School Of Accountancy

The goal of this article is to investigate the roles of individual behavior characteristics and Internet finance industry risk in the light of bank run theory for P2P. We know that risk evaluation is clearly important for peer-to-peer (P2P) lending platforms in China, as during the last two years, the industry has experienced thousands of platform crashes. Traditional approaches to evaluate enterprise risk are increasingly ineffective in this industry, due to the difficulty of assessing the real information. In addition, the Internet business model makes it possible to record new kinds of information. By applying a data-driven analytics method, we …

Financial Fraud Detection Using Machine Learning Techniques, Matar Al Marri, Ahmad Alali

Theses

Payments related fraud is a key aspect of cyber-crime agencies and recent research has shown that machine learning techniques can be applied successfully to detect fraudulent transactions in large amounts of payments data. Such techniques have the ability to detect fraudulent transactions that human auditors may not be able to catch and also do this on a real time basis. In this project, we apply multiple supervised machine learning techniques to the problem of fraud detection using a publicly available simulated payment transactions data. We aim to demonstrate how supervised ML techniques can be used to classify data with high …

Rbi Gov Das's Interview With Cogenics, Reserve Bank Of India

Documents

No abstract provided.

Gender Difference In White-Collar Crime And The Importance Of Gender Diversity, Alexa Malerba

Academic Festival

Edwin H. Sutherland, who served as the 29th President of the American Sociological Society delivered his lecture, “White-Collar Criminality,” at the organization's annual meeting in December, 1939. He defined white-collar crime as, “a crime committed by a person of respectability and high status in the course of his occupation” (Sutherland, 1967; emphasis added). The gender-specific definition has since changed, but white-collar crime remains the same. Crimes committed by white-collar workers are typically non-violent crimes, ranging from accounting schemes which misinform auditors and investors about a company’s financial position, Ponzi schemes, and insider trading fraud involving large sums of money. Also …

The Auditor's Responsibilities For Fraud Detection And Disclosure: Do The Auditing Standards Provide A Safe Harbor?, James L. Costello

Maine Law Review

Eighty-seven percent of managers recently surveyed were willing to commit financial statement fraud. More than half were willing to overstate assets, forty-eight percent were willing to understate loss reserves and thirty-eight percent would "pad" a government contract. These disturbing results are underscored by the financial miseries still brewing in the savings and loan industry, as well as by other corporate and banking financial debacles of the past decade, including Lincoln Savings & Loan, Wedtech, and the Delorean sports car venture scandal. Amidst these financial ruins we find the chronic element of management fraud. Unfortunately for investors and depositors a troublesome …

Drinking Water Governance For Whom? An Institutional Analysis Of Rural Drinking Water Systems In New Mexico, Tucker Colvin

Geography ETDs

Rural community drinking water systems in New Mexico are facing many challenges, including a lack of personnel, deteriorating infrastructure, lack of funds, overly burdensome and confusing regulation, environmental concerns, and concerns over water rights. Governing agencies are creating vulnerability by making managers prioritize some issues and neglect others. Water systems designated a Mutual Domestic Water Consumers Associations are especially problematic because they are small and managed by volunteers but have as much regulatory burden as larger municipalities. I use the theory of institutional work to explain how an institution that was originally designed to help low-income and rural communities is …

A Theory Of The Business Trust, Eric C. Chaffee

University of Cincinnati Law Review

No abstract provided.

Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz

University of Cincinnati Law Review

This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s pre-default duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.

Protecting Crime Victims In State Constitutions: The Example Of The New Marsy's Law For Florida, Paul Cassell, Margaret Garvin

Utah Law Faculty Scholarship

A majority of states have adopted state constitutional amendments protecting crime victims’ rights. Most of those amendments were adopted long ago and many fail to comprehensively address crime victims’ interests. In response to these shortcomings, the nation is seeing a new wave of state constitutional amendments protecting crime victims’ rights. Among these states is Florida, where in November 2018 Florida voters approved significantly expanded protections for crime victims in Florida’s Constitution—“Marsy’s Law for Florida.”

This Article explains in detail how Marsy’s Law for Florida provides important new protections for crime victims in the Florida criminal justice process. The Article begins …

Notre Dame Lawyers Connect: April 2020, Notre Dame Law School

Notre Dame Lawyers Connect

Top Story: Covid-19 Update

Leadership: Dean Cole feature in ND Magazine

Community: Faculty, staff donate to support students after Father Mike Show is canceled

Alumni Spotlight: Investigation by Tom Ajamie '85 J.D. was key to Harvey Weinstein's downfall

Staying Connected

• Lifelong friendships from the Class of 1968
• Class of 1975 holds virtual 45th reunion
• NDLA hosts panel discussions with 1Ls over Zoom

Alumni Notes

• Brian Neary
• Monica Bordas Schmucker
• Donovan S. Asmar
• Katherine Coba and Veronica Canton

What Can The Protection And Advocacy Network Offer To Our Veterans?, David A. Boyer

University of the District of Columbia Law Review

The desire to compensate veterans predates the establishment of the United States (“U.S.”). In 1636, individuals with disabilities received pensions for defending the Plymouth colony against Native Americans.1 Throughout history, this practice continued, as documented by the U.S. Department of Veterans Affairs (“VA”).2 By 1930, President Herbert Hoover signed the Executive Order 5398, which created the Veterans Administration.3 Prior to President Hoover’s signing of that executive order, the available veteran services were divided by three separate governmental agencies: the Veterans’ Bureau, the Pensions Bureau, and the Soldiers’ Home.4 Consequently, that executive order combined all three agencies into one that concentrated …