Jkaplan


Liability of corporate officers: new developments

The liability of corporate directors is well-trod territory.   But what about corporate officers? In a recent issue of the Harvard Law School Forum on Corporate Governance          /    Edward Micheletti, Bonnie David and Andrew Kinsey of  Skadden, Arps, Slate, Meagher & Flom LLP, write: “More than a decade ago in the […]

Compliance thought experiments

My latest article in CEP. I hope you enjoy it.

“Maginot Line” compliance

A post in the FCPA Blog on spending too much effort looking backward in risk assessments. I hope you rind it interesting.

President Biden and behavioral ethics

One of the key findings of the behavioral ethics field is that it is easier to act unethically to an anonymous individual than a known one. As described in this paper by Deborah A. Small and George Loewenstein,  in one study “subjects were more willing to compensate others who lost money when […]

Another Way to Prevent Corporate Crime?

Do prosecutors need another arrow in their quiver? Professor John Coffee of Columbia Law School thinks so. In Rethinking Corporate Prosecutions in the Harvard law school corporate law blog Coffee writes: What threat could cause corporations to agree to turn in senior executives? Clearly, current penalties are not sufficient. In […]

2021 behavioral ethics and compliance index

While in the more than nine years of its existence the COI Blog  has been devoted primarily to examining conflicts of interest it has also run quite a few posts on what behavioral ethics might mean for corporate compliance and ethics programs. Below is an updated version of a topical  index to these […]

Have you checked your behavioral externalities?

In The Case for Adding Darwin to Behavioral Economics posted on the Ethical Systems web site,  Robert H. Frank  of Cornell University’s Johnson Graduate School of Management writes: I use the term “behavioral externalities” to describe choices that affect social environments… Because social environments influence us so profoundly, both for good […]

An SCCE podcast on assessing corporate culture

Available here. I hope you find it useful.

Behavioral ethics and the road ahead

With the Supreme Court twice this week refusing to hear challenges by the Trump campaign to various results of the Presidential election, hopefully the country can move forward full steam ahead in addressing the many daunting tasks it faces. But in what spirit shall it do so? Personally, I have […]

Compliance certifications: an under-used mitigation tool

A just-published post on the FCPA Blog. I hope you find it useful.