Tides Vs Boeing

Also in section 301 of The SOX Act, internal reporting of potential financial misappropriation of funds via anonymous whistleblowers is mandated. SOX 301 requires that audit committees of issuers listed on U.S. exchanges “establish procedures” for (i) receipt, retention, and treatment of complaints regarding accounting, internal accounting controls, or auditing matters; and (ii) confidential, anonymous submission by employees of concerns regarding questionable accounting or auditing matters.  SOX 301 was codified as

In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of

In the past, many corporate executive have committed various forms scandals in their organizations. Such fraudulent arts are unethical and immoral behavior. This led the US government to form legislation in order to control fraudulent activities; mostly performed by senior officers in the organization. In view of this, this paper will address the following: historical summary on SOX enactment, the key ethical components of SOX, social responsibility implications regarding mandatory publication of corporate ethics, whether the criticisms of SOX implication presents an unfair burden on smaller organizations and suggestions on the improvement of SOX legislation.

According to Benston (1977) an unaware public pays for government-required accounting disclosure. Sunstein (1999) claims that disclosure of information allows the federal government to control public and private conduct. Foreign Corrupt Practices Act Over the decades accounting regulations have come from various sources. The Securities and Exchange Commission as well as the Internal Revenue Service and Interstate Commerce Commission are examples of regulatory bodies that promulgate accounting regulations. A more recent example occurred during the 1970s. During the Watergate era there were a number of investigations, some of which affected American business. One of the investigations, conducted by the Securities and Exchange Commission (SEC) in 1975, revealed that 19 publiclyheld corporations had made illegal campaign contributions and that these contributions were made from cash accounts that had not been recorded on the corporation’s books. (Heldack, 1977) This prompted the SEC to launch an investigation into what were considered ―questionable payments.‖ What came out of the investigation was that many U.S. multinational corporations were making hundreds of millions of dollars in ―questionable payments‖ to foreign officials to obtain business. As a result, the Foreign Corrupt Practices Act (FCPA) was unanimously adopted by Congress in 1977. Bribery of foreign officials to obtain business for the corporation

The memorandum written by Deputy Attorney General, Sally Quillian Yates represents a significant change in the government's approach toward corporate misconduct. The priority for prosecution will focus on individuals who commit the wrongdoing within the corporation and ensure that the responsible individuals are accountable for their misconduct. Under the Yates Memo, for companies to be considered eligible for any cooperation credit, the corporation is required to provide the Department of Justice with all relevant facts about an individuals' involvement in the organizations misconduct. Thus, corporations may no longer have the option to determine what information about which employees can be disclosed to the prosecutors. As a matter of fact,

In doing so, the Ninth Circuit renounced the “broad” approaches use principles of agency. The Brekka court overtly denied holding an employee liable under the CFAA’s “without authorization” language based on an agency theory in order to avoid interpreting the CFAA in a “surprising and novel way[] that impose[s] unexpected burdens on defendants.” Through Brekka the Ninth Circuit advanced what it called a “sensible” interpretation of the CFAA, giving separate meaning to the phrases “without authorization” and “exceeds authorized access” by focusing on the “employer’s decision to allow or to terminate an employee’s authorization to access a computer[.]”

Massachusetts courts have enforced non-compete contractual agreements where necessary to protect trade secrets, confidential data, or the employer’s good will. In doing so, the courts balance the reasonable needs of the former employer against concern for the right of the employee to earn a living. They also take into consideration the public’s interest in not enforcing these agreements if they interfere with ordinary, healthy competition.

In both Ellerth and Faragher, the Supreme Court ruled that employers are subject to “vicarious liability for unlawful harassment by supervisors”. This stands on two principles: first, that an employer is responsible for the acts of its supervisors, and second, employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from this harassment. To successfully use the Faragher-Ellerth Defense, the

Seidman addresses an IRS summons issued to an accounting firm for documents related to work the firm performed for a corporation under IRS investigation. Among the documents the IRS requested was a log containing the identities of investors in potentially abusive tax shelters. The investors petitioned to intervene and assert that revealing their identities was a violation of the tax advice privilege. The Seventh Circuit affirmed the district court’s denial of the investors’ claim, holding that the investors failed to show that confidential communications would be revealed if their identities were disclosed to the IRS. Because federal regulations require that accounting firms maintain

This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of

The Freedom of Information Act was enforced when our government realized the importance of the relationship between access to information and government accountability. This act enables citizens to view a plethora of different files and records from government agencies. This act proved to be “a principal instrument for breaking down bureaucratic secrecy in American public administration” (p. 62).

The case study that was analyzed is, “Unauthorized Disclosure: Hewlett-Packard’s secret Surveillance of Directors and Journalists,” by Anne T. Lawrence, Randal D. Harris, and Sally Baack. The ethical issues presented through the case deal with Hewlett-Packard Company (HP). HP is a major international company in the computer and technology market. The company describes itself as a “technology solutions provider to consumers, business and institutions globally.” Their credo is called “HP way”, which focuses on points such as trust and respect for individuals, high level of achievement and contribution, business conduct with uncompromising integrity, objectives through teamwork, and encouragement of flexibility and innovation (Newman). The problems faced by HP’s board of directors were a lack of accountability with HP’s credo. If the “HP way” was followed by them, these ethical issues would be avoided. It also promotes a bad example by the high-level of management of this globally powerful organization.

In the movie The Prince of Tides, the kind of Psychotherapy being portrayed is Psychodynamic. Psychodynamic therapy is a deriving from the psychoanalytic tradition, views individuals as responding to unconscious forces and childhood experiences and seek to enhance self-insight. The therapist in the movie uses the patients brother to find out the root of the patients disturbing Psychodynamic behavior. By doing so she discovers the darkness of the family’s history.

First of all it would depend on how the moon was destroyed. Let’s just say the moon blew up into little pieces due to asteroids. We’d no longer watch the phases of the moon at night, but see a clouds full of debris which would probably be brighter than the full moon. But if the moon were dragged off and completely removed, there would be none of its mass left to tug gravitationally on the Earth. One of the effects would be that ocean tides would still happen, but the bulge of water would follow the sun, so you could expect high tides around noon everywhere, every day. Since the solid Earth flexes tidally, it makes sense that there might be some internal grumbling when Earth loses the moon. Like

Companies in today’s society are often required to abide by an abundant amount of rules and regulations imposed upon them which stem from government and law enforcement authority. In analyzing the Case of “The Reluctant Security Guard” we will examine the decision making process which led to David Tuff effectively ‘whistle blowing’ for what he felt was the right thing to do.