Digital Commons Network^™

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …

The Role Of Judicial Accounting In Improving The Quality Of Financial Reports, Zahraa Naji Obeid

Journal of Economics and Administrative Sciences

The quality of the financial reports depends on set of accounting standards ,most of wich have been studied for the purpose of ascertaining the relationship between the standard used and the quality of the financial reports that contribute significantly to improving the financial performance of the institution, Research aims to detect the relationship between forensic accounting and the quality of financial reports, The research included a key hypothesis that forensic accountability could be applied to improve the quality of financial reporting, A sample of gentlemen (external auditors, tax assessors, judges, university professors, shareholders) (45) individuals, The adoption of the questionnaire, …

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Fordham Law Review Online

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.

The Setonian,September 20, 2018, Seton Hall University

2018

No abstract provided.

Spartan Daily September 18, 2018, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2018

Volume 151, Issue 12

Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein

Articles

No abstract provided.

Do Auditors Communicate Financial Misstatement Risk In Audit Report? Evidence From Subsequent Accounting Restatements In China, Hau Yi Yeung

Lingnan Theses (MPhil & PhD)

Regulators worldwide are considering expanding current audit reporting model to include key audit matters (KAM). Proponents argue that current audit reports are standardized and uninformative to financial statement users. Auditors in current reporting regime can choose to add explanatory notes in audit reports, however, few current studies have investigated the information content of these explanatory notes. This thesis conducts a textual analysis of explanatory notes in auditor reports and examines the predictability of auditors’ explanatory notes consisting of both unqualified and qualified opinions in determining the incidence of subsequent restatements. I hand collect material accounting restatements disclosed by the public …

Spartan Daily, August 29, 2018, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2018

Volume 151, Issue 4

A Semi-Supervised Feature Engineering Method For Effective Outlier Detection In Mixed Attribute Data Sets, Girish Srivatsa Rentala

Master's Theses

Outlier detection is one of the crucial tasks in data mining which can lead to the finding of valuable and meaningful information within the data. An outlier is a data point that is notably dissimilar from other data points in the data set. As such, the methods for outlier detection play an important role in identifying and removing the outliers, thereby increasing the performance and accuracy of the prediction systems. Outlier detection is used in many areas like financial fraud detection, disease prediction, and network intrusion detection.

Traditional outlier detection methods are founded on the use of different distance measures …

Economic Analysis In Securities Enforcement: The Next Frontier At The Sec, J. W. Verret

University of Cincinnati Law Review

No abstract provided.

Unfit For Duty: The Officer And Director Bar As A Remedy For Fraud, Renee M. Jones

University of Cincinnati Law Review

No abstract provided.

Intelligence Design: An Analysis Of The Sec's New Office Of Market Intelligence And Its Goal Of Using Big Data To Improve Securities Enforcement, Geoffrey Christopher Rapp

University of Cincinnati Law Review

No abstract provided.

Mass Settlement Rivalries, Adam S. Zimmerman

University of Cincinnati Law Review

No abstract provided.

Rethinking Compliance: The Role Of Whistleblowers, Claire Sylvia, Emily Stabile

University of Cincinnati Law Review

No abstract provided.

Emerging Trends In Entrepreneurial Finance: The Rise Of Icos, Lesław Pietrewicz

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Initial Coin Offering (ICO), a fundamentally new funding model, can be viewed as “the next big thing” in entrepreneurial finance. ICOs are unregulated issuances of cryprocurrencies used by blockchain startups to fund the development of distributed applications where users interact directly with each other rather than through a central hub of the company which developed and controls the application. The aim of this exploratory study is to explain the spectacular rise of the ICOs and their relevance for entrepreneurial finance. The main finding is that ICOs effectively change the landscape of entrepreneurial finance, shifting barriers to capital formation, enabling funding …

Proposed Controversial Speech Topics, Edna Louise Saffy

Saffy Collection - All Textual Materials

A list of proposed controversial speech topics for Dr. Saffy’s Speech 2600 course.

Investigating Information Security Policy Characteristics: Do Quality, Enforcement And Compliance Reduce Organizational Fraud?, Dennis T. Brown

Doctor of Business Administration Dissertations

Organizational fraud, a deceitful practice or willful device resorted to with intent to deprive another of his right, or in some manner to do harm or injury, is a growing global concern. While cyberattacks from the outside are more expected, the internal security threat from trusted insiders is responsible for significantly more information compromise than external threats. Information systems make life easier but are increasingly used by employees to perpetrate fraudulent activities. For example, a trusted insider employee with access to sensitive customer databases could misappropriate information and sell it to a competitor for personal gain. These type losses are …

Do Independent Directors Curb Financial Fraud? The Evidence And Proposals For Further Reform†, S. Burcu Avci, Cindy A. Schipani, Nejat Seyhun

Indiana Law Journal

In this Article, we argue that the U.S. corporate governance rules put too much faith in the independent board members and insufficient emphasis on the shareholders to control and monitor top management. Given the agency problem between the board of directors and the shareholders, outside directors can be captured by management, thereby leading to inadequate checks on management. The evidence presented in this Article shows that outside board members do not exercise sufficient controls on management even when management has gone awry. To solve this agency problem, we propose increasing the power of the principals: make shareholder resolutions binding on …

Do Independent Directors Tell The Truth, The Whole Truth, And Nothing But The Truth When They Resign?, Keren Bar-Hava, Sterling Huang, Benjamin Segal, Dan Segal

Research Collection School Of Accountancy

We examine the informativeness and credibility of independent directors’ stated resignation reasons. We posit that having access to private information, directors may resign in anticipation of weak future underperformance to limit damage to their reputation and further have an incentive to mask the reason for the resignation. Results show likelihood of resignation increases with director’s reputation and weak future firm performance. In addition, the evidence is consistent with directors obfuscating the reason for departure by providing benign and unverifiable resignation reasons. Investors seem aware of the disclosure incentives of departing directors and react negatively to such resignations. However, investors, by …

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.

The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Erik S. Knutsen, Jeffrey W. Stempel

Penn State Law Review (2003 - Present)

No abstract provided.

Moving Beyond Consent For Citizen Science In Big Data Health And Medical Research, Anne S.Y. Cheung

Northwestern Journal of Technology and Intellectual Property

Consent has been the cornerstone of the personal data privacy regime. This notion is premised on the liberal tenets of individual autonomy, freedom of choice, and rationality. The above concern is particularly pertinent to citizen science in health and medical research, in which the nature of research is often data intensive with serious implications for individual privacy and other interests. Although there is no standard definition for citizen science, it includes generally the gathering and volunteering of data by non-professionals, the participation of non-experts in analysis and scientific experimentation, and public input into research and projects. Consent from citizen scientists …

An Analysis Of Fraud Prevention And Detection In Not-For-Profit Organizations In The State Of South Carolina, Mary Gibson

Doctoral Dissertations and Projects

This study analyzed fraud detection and prevention techniques and analyzed if there was a relationship between the techniques and the detection of fraud. The combined techniques were fraud risk assessment, fraud risk register, code of conduct, fraud assessment training, whistle-blower policy, fraud control plan, fraud control policy, and internal control review. Nonprofits are vulnerable to fraud and costly for the organizations that rely heavily on donations to provide needed services or goods to a community. Through analyzing 109 nonprofits surveyed in South Carolina, the researcher found 59 reported fraud occurrences and 86 percent were using fraud detection and prevention techniques. …

Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair

St. Mary's Law Journal

Abstract forthcoming

Call To Claim Your Prize: Perceived Benefits And Risk Drive Intention To Comply In A Mass Marketing Scam., S Wood, P-J Liu, Y Hanoch, Pm Xi, L Klapatch

School of Psychology

Mass marketing scams extract an enormous toll, yet the literature on scams is just emerging. In Experiment 1, 211 adults reviewed a solicitation and rated their intention of contacting an "activation number" for a prize. Scarcity and authority were manipulated. Many (48.82%) indicated some willingness to contact to "activate" the winnings. Intention of responding was inversely related to the perception of risk (b = -.441, p < .001) and positively associated with perception of benefits (b = .554, p < .001), but not with the experimental condition. In Experiment 2, 291 adults were randomly assigned to one of the three conditions (low, medium, or high activation fee), and were asked to report willingness to contact. Activation fees decreased intent to contact, but percentages remained high (25.70%), with higher perception of risk reducing contact rates (b = -.581, p < .001), and benefit perception increasing intent to contact (b = .381, p < .001). Our studies indicate that consumers are responding to perceived risks and benefits in their decision-making, regardless of persuasion elements used by scammers. In summary, our studies find that consumers with lower levels of education and high perception of benefits are at increased risk for mass marketing scams. (PsycINFO Database Record

Managing The Risks Of Corporate Fraud: The Evidence From Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Chongwu Xia, Say Goo

Research Collection Yong Pung How School Of Law

Since the Asian financialcrisis of 1997, Hong Kong and Singapore have implemented reforms that promote independenceand monitoring competency of the boards of directors of their listed companies.However, with the advent of the financial crisis of 2007/2008, a wave of fraudcases prompts the question as to the effectiveness of these reforms. Analysing asample of 62 listed companies which are found to have committed fraud between2007 and 2014, and comparing against a matched sample of no-fraud companies, wefind that the fraud companies tend to either combine the roles of chairman andchief executive officer (or they are close family members) and have fewer …

Df 2.0: Designing An Automated, Privacy Preserving, And Efficient Digital Forensic Framework, Robin Verma, Jayaprakash Govindaraj, Gaurav Gupta

Annual ADFSL Conference on Digital Forensics, Security and Law

The current state of digital forensic investigation is continuously challenged by the rapid technological changes, the increase in the use of digital devices (both the heterogeneity and the count), and the sheer volume of data that these devices could contain. Although it is not directly related to the performance of Digital Forensic Investigation process, preventing data privacy violations during the process is also a big challenge. The investigator gets full access to the forensic image including suspect's private data which may be sensitive at times as well as entirely unrelated to the given case under investigation. With a notion that …

Why They Do It: Inside The Mind Of The White-Collar Criminal, By Eugene Soltes, Larissa Lucas

Osgoode Hall Law Journal

Sociologist Edwin Sutherland first coined the term “white-collar crime” on December 27, 1939 during his presidential address at the fifty-second annual meeting of the American Sociological Society. Sutherland began his speech by arguing that much of what his colleagues understood about crime—namely, that it was restricted to the streets and largely committed by individuals in the lower social classes—was “misleading and incorrect.” According to Sutherland, the most serious criminal offences were not being committed by the poor or the “delinquent,” but rather by society’s most “respected business and professional men."

Faculty Senate Minutes May 2018, Uno Faculty Senate

Faculty Senate Minutes

These are the official minutes of the Faculty Senate Meetings at the University of Nebraska - Omaha (UNO) for Academic year 2017-2018. The Faculty Senate supports faculty governance and believes that shared governance is essential to creating productive and rewarding environment for faculty and students. The Faculty Senate is a representative body of members elected by the faculty of the various academic departments and units of UNO. The Faculty Senate features representation from each academic college, Criss Library , and Omaha-base University of Nebraska – Lincoln (UNL) colleges.

Whistling In The Wind: Why Federal Whistleblower Protections Fall Short Of Their Corporate Governance Goals, Meera Khan

University of Miami Business Law Review

Teetering on the line between hero and villain, whistleblowers have a remarkably unusual role in contemporary American society. Those who blow the whistle on public sector activities, like Edward Snowden and the Watergate Scandal’s “Deep Throat”, are often vilified in history as treasonous and unprincipled rogues. In the private sector, however, whistleblowers are seen as moral compasses for corporate behavior, and are even afforded federal protections for speaking out against internal malfeasance. The piecemeal evolution of whistleblower legislation including the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 created regulatory and enforcement …