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No Good Deed Goes Unpunished: Is There A Need For A Safe Harbor For Aspirational Codes Of Conduct?, Elizabeth F. Brown
No Good Deed Goes Unpunished: Is There A Need For A Safe Harbor For Aspirational Codes Of Conduct?, Elizabeth F. Brown
Elizabeth F Brown
Over the years, Congress and some state legislatures have enacted laws to encourage corporations to engage in self-policing by providing them with incentives to adopt codes of conduct and compliance programs. In the case of the Federal Organizational Sentencing Guidelines, Congress offered corporations lower penalties if they were found in violation of a federal law but had adopted codes of conduct and compliance programs to try to comply with the law. In the case of the Sarbanes-Oxley Act, Congress require public corporations to disclose if they had a code of ethic and if not, why not. Congress assumed that the …