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1 – 10 of 71Alan R. Friedman, Dani R. James, Gary P. Naftalis, Paul H. Schoeman and Chase Henry Mechanick
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Abstract
Purpose
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Design/Methodology/Approach
Provides context on the history of disgorgement in SEC enforcement proceedings; discusses factual and procedural background underlying the Liu decision; summarizes the Court’s opinion and rationale, with a particular focus on the Court’s pronouncements regarding the permissible scope of SEC disgorgement as an equitable remedy; identifies and explores three possible issues in insider trading cases that may be affected by the Court’s narrowing of SEC disgorgement.
Findings
In Liu, the Supreme Court narrowed SEC disgorgement by stating that, as a general matter, SEC disgorgement is not permitted where: (1) the proceeds are not remitted to investors; (2) one defendant is made to disgorge profits that were received by someone else; or (3) the amount of disgorgement fails to deduct legitimate business expenses, in each case subject to possible exemptions as outlined by the Court.
Practical implications
This rule may call into question whether courts may: (a) order disgorgement against insider traders, given the difficulty of identifying investors who have been harmed; (b) order insider traders to disgorge profits earned by others on account of their violations; or (c) order insider traders to pay civil penalties under Section 21 A of the Exchange Act based on profits earned by others.
Originality/Value
Expert analysis and guidance from experienced securities enforcement lawyers with expertise in insider trading.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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There is an ongoing debate over the transference of managerial and organizational skills, techniques, values and culture from developed countries to developing countries. We argue…
Abstract
There is an ongoing debate over the transference of managerial and organizational skills, techniques, values and culture from developed countries to developing countries. We argue there is a false underlying assumption among academics in developed countries that the theoretical template of managerial and organizational attributes in developing countries is similar to what one finds in developed countries. Two key analytical insights are offered. First, we explicitly differentiate organizational, environmental and cultural characteristics of developed and developing countries. Second, we apply Scott’s (1992) natural/ecological level of analysis to create a framework to better carry out organizational analysis in developing countries.
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Lu Chen, Wei Zheng, Baiyin Yang and Shuaijiao Bai
The purpose of this paper is to investigate the forces driving organizational innovation, particularly CEO transformational leadership as it affects external and internal social…
Abstract
Purpose
The purpose of this paper is to investigate the forces driving organizational innovation, particularly CEO transformational leadership as it affects external and internal social capital in top management teams.
Design/methodology/approach
Survey questionnaires were administered to 90 Chinese top management teams. Structural equation modeling was used to test the hypothesized relationships.
Findings
Both internal and external social capital mediated the relationship between transformational leadership and organizational innovation.
Practical implications
Organizations should strengthen internal and external capital of top management teams to reap maximal innovation outcomes from transformational leadership.
Originality/value
The findings contribute to the transformational leadership, social capital, and innovation literature first by showing how leadership influences innovation through largely neglected mechanisms – internal and external social capital. Second, a social capital focus challenges the tacit assumption that transformational leadership has only internal influences by showing that it potentially spills over to the external domain.
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Abhijeet Ghadge, Xie Fang, Samir Dani and Jiju Antony
The purpose of this paper is to proactively analyse and mitigate the root causes of the product and security risks. The case study approach examines the effectiveness of the fuzzy…
Abstract
Purpose
The purpose of this paper is to proactively analyse and mitigate the root causes of the product and security risks. The case study approach examines the effectiveness of the fuzzy logic approach for assessing the product and process-related failure modes within global supply chain context.
Design/methodology/approach
The case study of a Printed Circuit Board Company in China is used as a platform for conducting the research. Using data triangulation, the data are collected and analyzed through interviews, questionnaires, expert opinions and quantitative modelling for some interesting insights.
Findings
Fuzzy logic approach for failure mode and effect analysis (FMEA) provides a structured approach for understanding complex behaviour of failure modes and their associated risks for products and processes. Today’s managers should conduct robust risk assessment during the design stage to avoid product safety and security risks such as recalls.
Research limitations/implications
The research is based on the single case study and multiple cases from different industry sectors may provide some additional insights.
Originality/value
The study attempts to mitigate the root causes of product and processes using fuzzy approach to FMEA in supply chain network.
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Renhuai Liu, Chao Li and Mengjun Huo
The purpose of this paper is to empirically analyze the impact of chief executive officer (CEO) turnover on strategic change and explore the mediating role of organizational slack…
Abstract
Purpose
The purpose of this paper is to empirically analyze the impact of chief executive officer (CEO) turnover on strategic change and explore the mediating role of organizational slack between them, as well as the moderating role and joint moderating role of top management team (TMT) external social network, ownership nature and industry type.
Design/methodology/approach
Based on the upper echelons theory, resource allocation theory and structuration theory, this paper takes the unbalanced panel data of A-share listed companies in Shanghai and Shenzhen Stock Exchanges of China from 2001 to 2018 as the research sample, uses ordinary least squares (OLS) regression method and fixed effect model to study the relationship between CEO turnover and strategic change, and focuses on the mediating mechanism and moderating mechanism between them.
Findings
The authors find that CEO turnover is positively related to strategic change. When a CEO turns over, a new CEO will initiate strategic change. Precipitation organizational slack plays a mediating role between CEO turnover and strategic change. Non-precipitation organizational slack has no mediating effect between CEO turnover and strategic change, which is embodied as “suppressing effects.” When the non-precipitation organizational slack variable is controlled, the impact of CEO turnover on strategic change will be enhanced. TMT external social network, ownership nature and industry type all negatively moderate the relationship between CEO turnover and strategic change. TMT external social network and ownership nature have a joint moderating effect between CEO turnover and strategic change. When TMT external social network is small, CEO turnover has a positive effect on strategic change in both state-owned enterprises and non-state-owned enterprises, but the promotion effect is stronger in non-state-owned enterprises. When TMT external social network is large, the positive effect of CEO turnover on strategic change in state-owned enterprises is from strong to weak, but in the non-state-owned enterprises is from weak to strong. TMT external social network and industry type have a joint moderating effect between CEO turnover and strategic change. When TMT external social network is small, CEO turnover has a positive impact on strategic change in high-tech enterprises and non-high-tech enterprises, but the promotion effect is stronger in non-high-tech enterprises. When TMT external social network is large, the positive impact of CEO turnover on strategic change in high-tech enterprises is from strong to weak, but in the non-high-tech enterprises is from weak to strong.
Originality/value
On the basis of previous studies, this paper further expands the research scope of the mechanism of CEO turnover on strategic change, echoing the research arguments of relevant scholars. At the same time, the research results reveal the mechanism of organizational slack, TMT external social network, ownership nature and industry type in the relationship between CEO turnover and strategic change, and further deepen the application of upper echelons theory, resources allocation theory and structuration theory in China. In addition, the research conclusions of this paper also provide reference value for Chinese enterprises in carrying out strategic change, promoting enterprise transformation and improving the level of corporate governance, and help to enhance the understanding and attention of Chinese enterprises to CEO turnover, organizational slack, TMT external social network, strategic change and corporate governance under the background of high-quality economic development.
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Yaw A. Debrah and Ian G. Smith
Presents over sixty abstracts summarising the 1999 Employment Research Unit annual conference held at the University of Cardiff. Explores the multiple impacts of globalization on…
Abstract
Presents over sixty abstracts summarising the 1999 Employment Research Unit annual conference held at the University of Cardiff. Explores the multiple impacts of globalization on work and employment in contemporary organizations. Covers the human resource management implications of organizational responses to globalization. Examines the theoretical, methodological, empirical and comparative issues pertaining to competitiveness and the management of human resources, the impact of organisational strategies and international production on the workplace, the organization of labour markets, human resource development, cultural change in organisations, trade union responses, and trans‐national corporations. Cites many case studies showing how globalization has brought a lot of opportunities together with much change both to the employee and the employer. Considers the threats to existing cultures, structures and systems.
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Outlines the provisions of the US Federal Deposit Insurance Corporation Improvement Act (1991) (FDICIA) and presents a study of its effects on banks and their customers. Develops…
Abstract
Outlines the provisions of the US Federal Deposit Insurance Corporation Improvement Act (1991) (FDICIA) and presents a study of its effects on banks and their customers. Develops a mathematical model to identify the factors contributing to the price of loans and applies it to 1977‐98 data from large and small banks. Shows that charges are affected by loan size, bank size and FIDICIA cost effects; with especially high margins in the middle market. Rejects the idea that higher interest rates are linked to increased loan defaults.
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In a fast-paced and hypercompetitive environment, organizational members are awash with paradoxes where they are forced to accomplish opposing goals simultaneously (“both/and”…
Abstract
Purpose
In a fast-paced and hypercompetitive environment, organizational members are awash with paradoxes where they are forced to accomplish opposing goals simultaneously (“both/and”) instead of choosing one over the other (“either/or”). The literature has acknowledged paradox as a common type of contradiction in managing information and information technology (IT), but few studies have investigated how individuals can leverage paradoxical tensions. Drawing upon paradox theory, this study develops a research model that embodies a “both/and” paradigm in paradoxical tensions via analytical alignment, a paradox mindset and resilience under environmental dynamism.
Design/methodology/approach
This study examines the research model using hierarchical regression analysis with 308 analytics experts.
Findings
Empirical results find that the alignment of analytical technology and data-driven culture (AT-2DC) has a positive effect on a paradox mindset. Results also show that a paradox mindset has a positive influence on resilience. AT-2DC alignment also mediates the relationship between paradox mindset and resilience. In addition, AT-2DC alignment is more critical to a paradox mindset under a high level of environmental dynamism.
Originality/value
This study sheds light on how individuals can leverage paradoxical tensions with a “both/and” perspective and stay resilient when managing opposing demands and changes.
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In recent years much attention has been paid to proposals reform the law on manufacturers' liability for defective oducts. In particular, the so‐called ‘Brussels Directive’, r the…
Abstract
In recent years much attention has been paid to proposals reform the law on manufacturers' liability for defective oducts. In particular, the so‐called ‘Brussels Directive’, r the approximation of the laws of the member states of e European Economic Community relating to product bility, has excited great controversy. As early as 1976 e first formal proposals were made for a new strict bility regime and revised proposals were submitted to e Council of Ministers on 1st October 1979. The net sult so far has been nil, as member states have disagreed er certain key proposals in the Directive, and the ommunity Consumer Protection policy has floundered the general lack of political impetus generated by ccessive budgetary and agricultural crisis. Yet almost rreptitiously on the domestic front there have been portant developments which may well have the effect of rendering some parts of the E.E.C. proposals obsolete before they reach the statute book.