Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World
The Project for Law and Business Ethics hosted on Oct. 25, 2007, a symposium "Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World." Students, alumni, practitioners and other members of the community attended the event.
Ethical Compliance and Monitoring Systems
The Delaware Chancery Court has held that directors and officers have a fiduciary duty to create ethical compliance and monitoring systems to prevent and detect wrongdoing. See In re Caremark International Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996). This panel explored the nature of this duty and the structuring and implementation of compliance and monitoring systems.
Moderator: The Honorable Mary Kate Huffman, Montgomery County Court of Common Pleas and Adjunct Professor, University of Dayton School of Law
Speakers: John Hasnas, Associate Professor, McDonough School of Business (Georgetown University) and Visiting Associate Professor of Law, Georgetown Law Center; Jon Hoak, Vice President, Chief Ethics and Compliance Officer, Hewlett-Packar; and Steve Priest, President, Ethical Leadership Group
Internal Corporate Investigations
Once a possible ethical breach has been detected, corporations and business entities must determine the nature and the extent of the wrongdoing. Internal corporate investigations can be extraordinarily important in retaining investor confidence, surviving government investigations, and dealing with shareholder litigation. This panel will focus on the issues surrounding these investigations.
Moderator: Lori Shaw, Dean of Students and Professor of Lawyering Skills, University of Dayton School of Law
Speakers: Todd Carver, Law Vice President and Chief Legal Counsel, Teradata Corporation; J. Richard Chema, Partner, Porter Wright Morris and Arthur LLP; and Paul E. Fiorelli, Professor, Williams College of Business, Xavier University, and Director, Center for Business Ethics and Social Responsibility
Government Investigations and Shareholder Litigation
When an ethical breach occurs, external pressures on the corporation commonly come from two sources, the government and investors. This panel will explore the issues relating to government investigations and shareholder litigation.
Moderator: Kelly Henrici, Executive Director, Program in Law and Technology, University of Dayton School of Law
Speakers: James R. Cummins, Chair, Corporate and Securities Department, Waite, Schneider, Bayless and Chesley; Brent Tabacchi, Assistant United States Attorney, Southern District of Ohio; and Robert Ridge, Partner, Thorp Reed and Armstrong