After BP’s Deepwater Horizon oil rig spill, BP did the right thing and created the Gulf Coast Compensation Facility under the Oil Pollution Act of 1990. BP put $20 billion in the GCCF to pay Gulf Coast residents and businesses for damages from the spill and named attorney Kenneth Feinberg to oversee the fund. Now, it appears those funds are not arriving to their intended sources.

BP’s Deepwater Horizon oil spill in the Gulf of Mexico caused the worst environmental damage in U.S. history. The massive oil spill damaged thousands of acres of beaches, damaged fragile wet lands, killed large numbers of marine life and devastated the lives and businesses of thousands of Gulf Coast residents. It also damaged the credibility of those responsible for the spill and its cleanup.

The housing crisis of 2007-2009 helped trigger a deep recession in the United States and the crisis may not be over. A recent court decision and current litigation reveal serious wrongdoing in past foreclosures that leave in doubt who owns post-foreclosure homes.

DeNisha McCollum
This essay will address the broad subject of individual or organizational change initiatives and include insights on how leaders may best position efforts to achieve anchored, successful, and sustainable change.

John D. Copeland, J.D., LL.M., Ed.D.
In recent weeks, U.S. retailers pulled millions of Chinese-made defective products from their shelves, including pet foods, tires, and toys. Any product recalls are troubling, but especially toys. To save money, U.S. toy makers out-source most of their toy manufacturing to China, which makes eighty percent of all U.S. toys.

John D. Copeland, J.D., LL.M., Ed.D.
Fourteen of the nation’s largest banks, including J.P. Morgan Chase, Bank of America, and Citigroup, account for 90 percent of the nation’s credit card industry. U.S. credit cardholders –meaning most of us- owe $960 billion in credit card debt to issuing banks. For many cardholders their debt is financially crippling.

John D. Copeland, J.D., LL.M., Ed.D.
The 2008 Beijing Olympics was a potential financial windfall for international companies wanting to take advantage of China’s booming economy and growing middle-class. Advertising was the key to tapping into China’s riches. U.S. companies Coca-Cola, General Electric, Johnson & Johnson, Kodak, and Visa paid $40 million as prominent Olympic Games sponsors. They spent another 10 times that in advertising. Sixty-three international companies invested an estimated $6 billion for advertising and marketing during the Beijing Olympics.

John D. Copeland, J.D., LL.M., Ed.D.
U.S. businesses recently got some good news on cleaning up toxic waste sites. The Comprehensive Environmental Response, Compensation, Liability Act, or Superfund, fixes liability for costs in cleaning up toxic waste sites. Superfund makes liable as many parties as possible for cleaning up a toxic waste site to prevent U.S. taxpayers from bearing the costs.

John D. Copeland J.D., LL.M., Ed.D.
Successful people sometimes want to leave a legacy by benefiting others. Some make gifts to nonprofit organizations, such as colleges, universities, and charities. Others create nonprofit foundations. To ensure a foundation continues after the donor’s death, the donor names a bank or law firm as the foundation’s trustee. Regardless of the chosen method, a donor wants their gift used as intended.

John D. Copeland J.D., LL.M., Ed.D.
Is business ethics education succeeding? In the post-Enron and Sarbanes-Oxley era, business schools increased their students’ business ethics studies. Some business schools created separate courses on business ethics, while others tried to integrate business ethics in existing courses. Of the 50 top-tier business schools, one in three requires course work in ethics, sustainability, or social responsibility, according to a Christian Science Monitor article published in March. Thirty-nine of the fifty schools created centers dedicated to those three areas of study.

John D. Copeland, J.D., LL.M., Ed.D.
The U.S. faces problems of economic turmoil, wars in Iraq and Afghanistan, terrorism, and nuclear proliferation. Despite these serious domestic and international problems, some in Congress waste time and taxpayers’ money with hearings and legislation on how the National Collegiate Athletic Association (NCAA) decides major college football’s national champion.

John D. Copeland, J.D., LL.M., Ed.D.
This article is the second in a four-part series on Fannie Mae and Freddie Mac’s financial crisis. For years, Fannie Mae and Freddie Mac helped fuel homeownership for low-income borrowers by buying and guaranteeing billions in risky subprime and Alt-A loans. By 2008, both companies were close to filing for bankruptcy. Congress gave them $200 billion in taxpayers’ money to keep them afloat and many people wondered why no one stopped Fannie and Freddie’s reckless business practices.

John D. Copeland, J.D., LL.M., Ed.D.
Author’s note: This is the first of a two-part series on the ethics of federal prosecutors in prosecuting white-collar crimes. Part two examines the controversy surrounding waiving the attorney-client privilege. The next article covers the issue of corporations paying the legal fees of employees targeted in federal investigations.

John D. Copeland, J.D., LL.M., Ed.D.
Merck recently settled the class action lawsuit filed against it for strokes and heart attacks allegedly connected to the company’s pain medication, Vioxx. Although Merck won most of the Vioxx lawsuits its attorneys tried, the company still faced some 27,000 claims. Having spent $1.2 billion in Vioxx-related legal fees, Merck decided to settle all the remaining claims for $4.85 billion. Merck’s case is just one example of class action lawsuits filed against U.S. corporations and the enormous costs of defending those cases.

John D. Copeland, J.D., LL.M., Ed.D.
Author’s note: This is the second part of a series on the ethics of federal prosecutors in prosecuting white- collar crimes. The first article covered the waiver of the attorney client privilege. We now examine the controversy over corporations paying the attorneys’ fees of employees under federal investigation.

This is a two-part series on the ethical and legal issues raised by President Obama's appointment of many czars to his administration.

John D. Copeland, J.D., LL.M., Ed.D.
Ethics questions continue over the U.S. Department of Justice’s tactics in prosecuting white-collar crimes. The most recent controversy concerns the use of deferred-prosecution agreements. The controversy intensified recently when a medical supply company’s deferred-prosecution agreement obligated it to pay $52 million in monitoring fees to former U.S. Attorney General John Ashcroft’s consulting firm, The Ashcroft Group LLC.

Patients  trust  their  doctors  to prescribe  the  safest  and  most effective  drugs  for  their  ailments. They  also  want  the  most  inexpensive drugs  possible.

John D. Copeland, J.D., LL.M., Ed.D.
The Employment Retirement Security Act (ERISA) encourages employers to create 401(k) defined contribution pension plans for employees. Defined contribution pension plans allow employees to choose from many investment choices, such as company stock, mutual funds, bonds and money market funds.

Amy Pyles, MBA, and Christine Wells, MBA
Ethics has become a buzzword in today’s business society. But what does it mean to be an ethical leader or company? This paper looks at recent research that shows where corporate America is today on the ethics continuum, evaluates the effectiveness of formal ethics programs, details two case studies on companies who experienced an ethical breakdown, and concludes by illustrating the importance of an ethical culture.

John D. Copeland, J.D., LL.M., Ed.D.
Editor’s Note: This article is the third in a four-part series published in November and December on Fannie Mae and Freddie Mac’s financial crisis. For years, Fannie Mae drew Congressional praise by investing in high risk subprime and alternate documentation loans given to low-income home buyers. Fannie also wanted to increase its market share and satisfy investors who enjoyed the company’s large profits. The profits, however, proved to be illusory.

John D. Copeland, J.D., LL.M., Ed.D.
Many U.S. companies depend on federal contracts for much of their income, and the New Year brings important changes in federal contracting. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council agreed on a final rule amending the Federal Acquisition Regulation (FAR), effective December 24, 2007. It requires any company contracting with a federal agency set up an ethics program as a condition of its government contract.
FAR already had a pre-award satisfactory record of integrity and business ethics for prospective federal contractors. The councils determined, however, the general requirement of good business ethics was inadequate.

John D. Copeland, J.D., LL.M., Ed.D.
This is first of a two part series on the federal government's efforts to control corporations .

John D. Copeland, J.D., LL.M., Ed.D.
Editor’s note: This is the second article on the federal government’s efforts to control corporations.

John D. Copeland, J.D., LL.M., Ed.D.
Editor’s note: This is the final article in the four-part series published in November and December on Fannie Mae and Freddie Mac’s financial crisis.

Google quickly went from receiving praise for protecting the identities of internet users in China, to international condemnation for invading the privacy of Wi-Fi users with its “street view” mapping cars. While gathering the information, Google said it discovered that its street view cars mistakenly collected samples of payload data sent over Wi-Fi networks. Google’s admission sparked controversy in Europe and the United States about whether Google’s conduct violated the privacy of Wi-Fi users.

Editor’s note: This is the first of a two-part series on Google’s refusal to censor the Web in China. Part II considers Google’s financial risks.

John D. Copeland, J.D., LL.M., Ed.D.
In 1919, eight members of the Chicago White Sox baseball team, including the outstanding “Shoeless” Joe Jackson, allegedly conspired to throw the World Series. A popular story is that a young boy looked at his fallen hero Jackson and said, “Say it ain’t so Joe”.

John D. Copeland, J.D., LL.M., Ed.D.
This article is the first in a four- part series on Fannie Mae and Freddie Mac’s financial crisis. This article explains how the companies gained Congressional allies. The second article explains how those allies stopped proposed reforms of the companies. Articles three and four explain the companies’ unethical business practices.

John D. Copeland J.D., LL. M., Ed.D.
In the heat of this presidential race, we are bombarded with political advertising touting each candidate’s qualifications. But would anyone of them be a truthful president? The prospects of such are not good. It seems as if we have caught every presidential candidate telling lies to gain votes and win delegates. Too many Americans accept lying as simply part of politics. Does it matter if presidential candidates sometimes lie to us?

DeNisha McCollum
Authentic trust is a truly powerful concept. It has been researched, studied, written about, lectured upon, and proven to greatly enhance both relational and life experience, yet ironically it remains in many cases somewhat of an enigma. We know about it. We understand it. We see its value. In our very hearts, we passionately desire it to be trustworthy and to engage in relationships with others worthy of our trust. Yet somehow we remain actively and collectively reluctant to fully engage. In this essay, we will define, explore, and perhaps even more clearly reveal the intrinsic value of trust to re-emphasize the significance of a trust experienced.

John D. Copeland, J.D., LL.M., Ed.D.
Famed investor Warren Buffett notes “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” With Toyota’s rapid loss of its good reputation for quality automobiles, we see Buffett’s observation in action.

John D. Copeland, J.D., LL.M., Ed.D.
Toyota’s late recalls of possibly defective autos damaged consumer confidence in its products and hurt the company financially. While other automakers increased their sales in 2009, Toyota’s sales dropped 9 percent and the company lost $27 billion in value. The decline may not be over.

John D. Copeland J.D., LL. M., Ed.D.
Technology makes it all so easy. If you want to send an e-mail, just type your message and hit send on your computer. If you want information about a movie, restaurant, or anything, get on the internet and find it. The problem is that too many employees use employer-furnished computers to do personal tasks without understanding the significance.

John D. Copeland, J.D., LL.M., Ed.D.
Prepaid credit cards resemble ordinary credit cards, but act like debit cards. Consumers front-load the cards with cash and use the cards for purchases. Banks issue the cards with the logos of major credit card companies-such as Visa, MasterCard and Discover-but sell the cards through independent companies.

John D. Copeland, J.D., LL.M., Ed.D.
In 2003, the DOJ began its own version of “let’s make a deal”. It pressured corporations to waive the attorney-client privilege when their employees were under investigation for white-collar crimes. The DOJ also demanded corporations stop paying the employees’ attorneys fees. Any corporation who refused DOJ demands risked criminal indictment for its employees’ alleged wrongdoing.

President Obama’s chief of staff, Rahm Emanuel, believes in not wasting a good crisis. Taking advantage of the current recession, the administration and Congress seek reform of the nation’s financial system. Public anger over the loss of millions of jobs and billions of dollars because of reckless actions by Wall Street and banks make reform likely.

John D. Copeland J.D., LL.M., Ed.D.
Before 1987, federal district court judges set sentences for those convicted of federal crimes largely at their discretion. Many attorneys and legal experts viewed such broad judicial discretion as inherently unfair. Punishment for the same criminal conduct varied between judicial districts. A crime resulting in a lengthy jail term in one federal district might result in a short sentence or probation in a different federal district. Justice seemed haphazard, unfair and sentencing unpredictable.

John D. Copeland J.D., LL. M., Ed.D.
The financial collapses of Enron, WorldCom and other high-profile companies, cost billions of dollars in lost investments, savings, retirement accounts, and pension funds. Thousands of workers lost jobs, medical insurance, and other benefits. In response, Congress passed the Sarbanes-Oxley Act of 2002 to impose new financial reporting requirements on publicly held corporations. But is SOX too burdensome?
After four years of SOX compliance, some business leaders propose changing SOX. The Committee on Capital Markets Regulation and the U.S. Chamber of Commerce lead the reform efforts. Both groups argue the costs of compliance with SOX exceed the law’s benefits.
SOX’s Costs: SOX’s impact on U.S. corporations is undeniable. For example, the Act’s Section 404 requires all publicly traded companies to develop, and verify the effectiveness of, extensive internal accounting controls. Section 404 compliance is expensive. A company with market capitalization under $1 billion may spend an estimated $1 million yearly on internal controls. A larger company may spend between $2 and $4 million yearly to comply with Section 404.

John D. Copeland J.D., LL. M., Ed.D.
Citigroup recently agreed to pay $1.66 billion to Enron’s bankruptcy estate to settle legal claims it helped Enron’s management deceive investors. It is legally and ethically right to hold responsible those who help others commit crimes. It is surprising, however, that Citigroup agreed to the settlement given the U.S. Supreme Court’s January ruling in Stonebridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

John D. Copeland J.D., LL.M., Ed.D.
This is the second part of a two-part series on the Alien Tort Claims Act of 1789. The first article covered the use of the Act against U.S. companies for human rights abuses in foreign countries. Author John D. Copeland now examines the impact of lawsuits filed under the Act on U.S. foreign policy.

John D. Copeland J.D., LL.M., Ed.D.
This is the first part of a two-part series on the Alien Tort Claims Act of 1789. Author John D. Copeland examines its recent use against U.S. companies for human rights abuses in foreign countries. The second article covers the act’s impact on U.S. foreign policy.

John D. Copeland J.D., LL.M., Ed.D.
The holiday season is a wonderful time for giving and receiving gifts. It also raises the question of the appropriateness of business gifts. As the former ethics officer for a Fortune 500 company, I often dealt with the ethics issues raised by gifts.

For decades the tobacco industry acted unethically in selling cigarettes. It shamefully dismissed scientific evidence linking cigarette smoking to cancer, heart disease and other serious illnesses. The U.S. tobacco industry now looks to a different smokeless tobacco to boost profits and shows a willingness to repeat its past unethical conduct.

The current economic climate has created a “false positive” for the statistics on workplace behavior. We are in a ‘good behavior’ bubble where management is on high alert and employees, fearful about losing their jobs, are more cautious about their behavior. While this may lead to decreased unethical behavior, this environment is not sustainable without the creation of a values-based culture that extends beyond the recession. This paper looks at two financial institutions to show the difference a values-based culture can make on long-term health and sustainability.