Digital Commons Network^™

Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson

ExpressO

This article presents the first in-depth exploration of third-party closing opinions, a common but curious – and potentially troubling -- feature of U.S. business law practice. Third-party closing opinions are letters delivered at the closing of most large transactions by the attorney for one party (e.g., the borrower) to the other party (e.g., the lender) offering limited assurance that the transaction will have legal force and effect.

Hundreds, if not thousands, of legal opinions are delivered every week. Yet, lawyers often complain that they create needless risk and cost, and produce little benefit. Closing opinions thus pose a basic question: …

The Sec At 70: Let's Celebrate Its Reinvigorated Golden Years, Harvey J. Goldschmid

Notre Dame Law Review

No abstract provided.

The Sec At 70: Time For Retirement, A.C. Pritchard

Notre Dame Law Review

No abstract provided.

The Securities And Exchange Commission's Pre- And Post-Enron Responses To Corporate Financial Fraud: An Analysis And Evaluation, David Ruder, Yuji Sun, Areck Sycz

Notre Dame Law Review

No abstract provided.

How To Be Good: The Emphasis On Corporate Director's Good Faith In The Post-Enron Era, Thomas Rivers

Vanderbilt Law Review

The "irrational exuberance"' of the late 1990s, marked by frenzied stock trading and risky investment strategies, fueled aggressive accounting practices that exaggerated real achievements and camouflaged setbacks. During that time, investors accepted business practices that measured performance by revenue, rather than earnings or cash, and by the number of "eyeballs hitting Internet sites." According to Federal Reserve Chairman Alan Greenspan, "when greed swept through our nation, we were not prepared to address it." The result was accounting scandals at Enron, WorldCom and other organizations, in which directors failed to ask "questions of management to determine whether the stock was rising …

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Notre Dame Law Review

No abstract provided.

The Economic Effects Of Money Laundering On The Nigerian Economy: Some Emerging Issues., U. Kama

Economic and Financial Review

Although the economic effects of money laundering on economic development are difficult to quantify, it is evident that such activity damages the financial institutions which are critical to economic growth. Besides, it reduces productivity in the economy's real sector by diverting resources and encouraging crime and corruption, which slow economic growth. Furthermore, such activity can distort an economy's external sector through international trade and capital flows to the detriment of long-term economic development. This paper attempts to explore the economic effects of this malaise on the Nigerian economy. It observes that if money laundering is not tamed, it has the …

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Journal Articles

As part of a symposium marking the seventieth anniversary of the creation of the Securities and Exchange Commission, this article pulls together two threads, namely Luca Pacioli's prominence in accounting and the importance of the Management's Discussion and Analysis (MD&A) requirements that seek to give investors an opportunity to view a public company through the eyes of management, to evaluate the SEC's record on certain accounting issues. Because writers in legal journals have largely ignored Pacioli's efforts, the article begins by highlighting some of the friar's contributions to accounting precepts. The article next applies some of those precepts in a …

Efficient Generation Of Social Network Data From Computer-Mediated Communication Logs, Jason Wei Sung Yee

Theses and Dissertations

The insider threat poses a significant risk to any network or information system. A general definition of the insider threat is an authorized user performing unauthorized actions, a broad definition with no specifications on severity or action. While limited research has been able to classify and detect insider threats, it is generally understood that insider attacks are planned, and that there is a time period in which the organization's leadership can intervene and prevent the attack. Previous studies have shown that the person's behavior will generally change, and it is possible that social network analysis could be used to observe …

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

The New Hampshire, Vol. 94 [95], No. 28 (Feb. 15, 2004), The New Hampshire

The New Hampshire Print Edition

An independent student produced newspaper from the University of New Hampshire. This volume was printed as 94, but it is the 95th volume in the series. This was corrected in pencil.

The Advocate (Vol. 2, Issue 8)

Student Newspaper (Amicus, Advocate...)

No abstract provided.

News Release: Aicpa Addresses Fraud In Audit Committee Guidance, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

Anderson V. Ayling

2005 Decisions

USDC for the Eastern District of Pennsylvania

Counselor, Vol. 25, No. 21, January 24, 2005, New York Law School

New York Law School Community Newsletter

No abstract provided.

January 2005, Inland Empire Business Journal

Inland Empire Business Journal

Law 8

Investment & Finance 9

Computers/Technology 12

Managing 13

Getting Organized 17

Executive Time Out 19

Inland Empire People 20

Effective Presentations 28

Entrepreneurship 29

Negotiating Sales 34

World Trade 39

Manager's Bookshelf 42

Calendar 44

Smart Public Policy: Replacing Imprisonment With Targeted Nonprison Sentences And Collateral Sanctions, Nora V. Demleitner

Scholarly Articles

None available

Cpa Expert 2005 Winter, American Institute Of Certified Public Accountants

Newsletters

No abstract provided.

Organization Misconduct: Beyond The Principal-Agent Model, Kimberley D. Krawiec

Florida State University Law Review

No abstract provided.

Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson

UIC Law Review

No abstract provided.

State Court Class Actions In Mississippi: Why Adopt Them Now, David W. Clark

MC Law Review

No abstract provided.

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

Faculty Scholarship

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

The Shareholder Direct Access Teeter-Totter: Will Increased Shareholder Voice In The Director Nomination Process Protect Investors?, Patty M. Degaetano

California Western Law Review

No abstract provided.

Playing With "Monopoly Money": Phony Profits, Fraud Penalties And Equity, Craig M. Boise

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Financial Literacy Education: Panacea, Palliative, Or Something Worse?, Karen Gross

Saint Louis University Public Law Review

No abstract provided.

Corporate Responsibility: Ensuring Independent Judgment Of The General Counsel - A Look At Stock Options, Z. Jill Barclift

Faculty Scholarship

Recent corporate scandals and allegations of corporate fraud in public companies have most people asking how things went so wrong. When looking to assess blame for corporate malfeasance, many ask, “Where were the lawyers?” In several high-profile corporate fraud investigations, outside and in-house lawyers were criticized for not doing more to prevent corporate executives from violating the law, and several general counsels were charged with criminal misconduct by state and federal authorities. Why would the general counsel of a public corporation risk his or her career, reputation, and criminal prosecution to assist executives in perpetuating corporate fraud? The answer may …

Corporate Responsibility: Ensuring Independent Judgment Of The General Counsel - A Look At Stock Options, Z. Jill Barclift

North Dakota Law Review

No abstract provided.

Beyond The Bottom Line, Ann Aubry

Illinois Wesleyan University Magazine, 2002-2017

Illinois Wesleyan business professors prepare their students for ethical dilemmas they may confront as corporate professionals.

Cdic: 20 Years In Retrospect, Taiwan: Central Deposit Insurance Corporation

Documents

No abstract provided.