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The Fall of the "Fabulous Fab"
Fabrice Tourre, a mid-level trader at Goldman Sachs, seeks to understand how he was one of the only executives of any Wall Street firm held accountable in the aftermath of the financial crises. The case includes commentary from Tourre and jurors that found him guilty at his trial. -
Ethics at the Frontier
Today's society is characterized by a rapid state of change, and technological innovation plays a significant part in that. So how should one approach ethics at the technological frontier? This technical note discusses the challenges of our modern, highly innovative world; the muddled ethical lines this advancement can produce; and considerations to make and conversations to have around these new norms. -
Making Ethics Personal: Character and Your Personal Vision
Ethics, in addition to being about principles and consequences, is about character: the individual traits and qualities that define what kind of person someone is and who they hope to become. This technical note poses a series of questions to help readers produce a vision of their character that can be shaped as they grow and progress as individuals and leaders. -
Kweku Adoboli at UBS
The UBS case outlines how individual ambition and lax organisational standards and oversight can lead to consistent unethical behaviour resulting in a crippling loss at a large investment bank. Even though the industry had as recently as 2007 been subject to the ramifications of similar behaviour with Jerome Kerviel's 4.9 billion euros loss at Societe Generale, the UBS case highlights how quickly internal controls and ethical concerns can be overlooked. Intense external concerns, driven by a weakening economy, and institutional pressure, due to declining profits, forced internal controls and thorough explanations to be neglected in order to pursue profit. The case also highlights how weak corporate culture and unclear organisational structure can facilitate unethical behaviour. While individuals in Adoboli's role would be expected to lose money on occasion, personal incentive, both from financial gain and organisational advancement, drove Adoboli to conceal his losses from the bank. -
E-Mail Writing Exercise
E-mail is often used as a substitute for a phone call or a meeting. This exercise addresses the appropriateness and effectiveness of e-mail as a channel for communicating sensitive information. Students assume the role of a director of marketing and design and are asked to compose an e-mail to subordinates addressing an imminent change that will affect them. -
These People are Fiduciaries
The fiduciary duties of loyalty and care, the corporate opportunity doctrine and the business judgment rule are introduced in the context of three vignettes drawn from decided cases that explore: a classic test of loyalty when one partner elects to take advantage of an opportunity the partnership may also be able to pursue (Meinhard v. Salmon); the care and procedure directors should employ when approving a merger or sale of the company (Smith v. Van Gorkom); and the board's role and process in hiring, firing and severance decisions (Ovitz at Disney). -
Yobella
The case profiles the protagonist, Luke Tashie, CEO of Yobella - a self-serve frozen yogurt retail chain that Tashie acquired via a search fund - as the company struggles post-acquisition. The case provides an overview of Luke Tashie's background, his motivation and subsequent capitalization of a search fund, the identification of the Yobella acquisition, and post-acquisition business challenges. As Tashie struggles to maintain financial viability, he debates how to best work with the current investor group and the companies creditors to avoid a financial bankruptcy. The case has historically been taught in tandem with "Jeff Stevens: United Presort Services and Jetsort" (Case E-485) in a joint session on the topic of "managing and surviving from failure." -
Don't Just Dump It!: Saving Sandy Pond
In July 2009, Vale NL began building a $2.17 billion nickel refinery in Long Harbour, Newfoundland and Labrador. The refinery would bring economic prosperity by creating 1,600 to 2,000 jobs during construction and 400 to 500 permanent jobs in an area of high unemployment. The project's environmental assessment process began 2006 and the company had successfully completed the required environmental impact statements for the government. A major environmental issue was the disposal of tailings from the refinery, and the approved solution was to store them in a natural lake known as Sandy Pond. Members of several environmental NGOs had opposed the use of the lake as a "tailings impoundment area" and formed the Sandy Pond Alliance for the Protection of Canadian Waters (SPA). The use of natural lakes was allowed, but SPA believed that the regulation that permitted the use was inconsistent with environmental legislation. SPA had to decide how to challenge the use of tailings ponds at Long Harbour and elsewhere in Canada, and whom to target in its efforts. Instead of being designed as a management decision-making exercise, this case places students in the position of environmentalists as they decide what course of action to initiate. -
PepsiCo, Profits, and Food: The Belt Tightens
The case describes the issues facing Indra Nooyi after five years of PepsiCo's new and controversial nutrition strategy. -
Following Lance Armstrong: Excellence Corrupted
After years of vigorous denials, on January 14, 2013 Lance Armstrong admitted in a television interview with Oprah Winfrey that he "doped" in each of his record seven consecutive Tour de France victories, confirming the findings a few months earlier by the US Anti-Doping Agency that he had orchestrated "a massive team doping scheme, more extensive than any previously revealed in professional sports history." Until that moment with Oprah, Armstrong had consistently and strenuously denied using performance-enhancing drugs (PEDs), blood transfusions, or other artificial enhancers to compete in the grueling, three-week race throughout France. He verbally thrashed, bullied and threatened legal action against riders, journalists, race officials, and anyone else who had suggested he had cheated. This case explores Armstrong's leadership of a corrupt culture, the extensive nature of the cheating scandal among elite athletes, the decisions taken by other riders to both support Armstrong and his scheme and ultimately to admit to cheating, and the costs borne by those associated with Armstrong. It allows for discussion of the responsibilities that leaders have to followers, and that followers have to themselves and to others. -
Goldfinger: Charles W. Engelhard Jr. and Apartheid-era South Africa
This case considers the strategies of Charles W. Engelhard, an American mining magnate who made large investments in apartheid-era South Africa. Engelhard was widely believed to have been the model for the James Bond villan Auric Goldfinger. During the 1950s and 1960s Engelhard, who was well-connected with the leadership of the Democratic Party in the United States including President Lyndon B. Johnson, was one of the largest American investors in that country. His close relationship with Harry Oppenheimer, the head of the Anglo-American Corporation, gave him substantial influence within the South African business system. The case starts with anti-apartheid demonstrators protesting outside a ceremony awarding him a prize in Newark, New Jersey. It provides an opportunity to debate the political and ethical responsibilities of businesses in repressive regimes, and the challenges faced by entrepreneurs operating in countries with different value systems and political regimes. -
Ziqitza Health Care Limited: Responding to Corruption
Sweta Mangal, CEO of Ziqitza Health Care Limited, must decide how to respond to a government official who has demanded a bribe to release payment for the ambulance services ZHL provides. Bribery is commonplace in India, but there is also a growing anti-corruption movement. A new employee argues that the bribe is the only way for ZHL to make payroll and maintain its ambulances, which means more lives saved. Mangal insists that ZHL is committed to an anti-bribery stance. What is the right decision? How can it best be implemented? -
Defining the Purpose for Borussia Dortmund GmbH & Co. KGaA
In its 100th year of existence in 2009, Borussia Dortmund (BVB) was the only German soccer club listed on the stock exchange. With three days to go before the annual shareholders' meeting on November 24 of that year, the club's managing directors, Thomas Tress and Hans-Joachim Watzke, went through the year-end figures one more time. Although the situation had improved since 2005, when the club was on the brink of insolvency, the closing accounts once again showed a negative net income. After nine years as a publicly traded company, the BVB had to report its fifth loss, this time for 5.9 million Euro, which added up to a cumulative loss of more than 145 million euros. After the passing of a century, many stakeholders were concerned about the way forward. What was the organization's purpose? What was more important, finally making a profit and meeting shareholders' expectations, or playing for the fans and the club's honor? What could the managing directors offer to their shareholders, who had seen the value of their shares drop from 11 euros at the IPO to less than 1 euros in November 2009? -
Jamba Juice and the Foam Cup
Environmental issues increasingly influence many aspects of business including strategy, public relations, and supply chain operations. This case looks at how Jamba Juice, a publicly traded smoothie company, will respond to public outcry about its environmental footprint. Jamba Juice CEO James White must determine how to respond to an online petition started by a young California girl who collected over 100,000 signatures asking Jamba Juice to phase out its use of polystyrene foam cups, which she believes to be harmful to the environment. Jamba Juice must consider how phasing out foam cups would impact its core business, brand, and product delivery as well as if it would attract or deter new customers and how it might affect shareholder value. This case also challenges students to examine what makes one product more environmentally benign or harmful than another and how businesses should weigh this information in altering the way they do business amidst significant public scrutiny. -
SC Johnson and the Greenlist Backlash
This case centers on SC Johnson's CEO, H. Fisk Johnson, and his decision on how to move forward with Greenlist™ after the settlement of two lawsuits. SC Johnson developed the ingredient improvement process Greenlist™ to reduce the negative environmental impacts of its products by substituting less harmful ingredients wherever possible. Significant environmental improvements were made in many of the company's products, such as Windex®, and the company developed a Greenlist™ label to demonstrate to consumers that a product had been improved by the process. In 2008 and 2009, two lawsuits were filed accusing SC Johnson of deceptively marketing its products as "green", as the Greenlist™ label led consumers to believe the products had been certified by an objective third party. The lawsuits were settled and the company was forced to remove the label. The case raises a discussion about green labeling, the nature of environmental certification, and the value of internal sustainability initiatives. -
Developing and Sustaining an Ethical Corporate Culture: The Core Elements
Of all the issues boards of directors, executives, and managers face, one could argue that unethical corporate activity is one of the most significant in terms of its potential negative impact and also one of the most difficult to properly address. This article argues that three key elements must exist if illegal or unethical activity within and on behalf of organizations is to be minimized through developing and sustaining an ethical corporate culture. The three elements include (1) the existence of a set of core ethical values infused throughout the organization in its policies, processes, and practices; (2) the establishment of a formal ethics program, including a code of ethics, ethics training, an ethics hotline, and an ethics officer; and (3) the continuous presence of ethical leadership-that is, an appropriate 'tone at the top' as reflected by the board of directors, senior executives, and managers. While each of these three elements is distinct, they also overlap, relate to, and reinforce each other. This article discusses each of the three key elements necessary to develop and maintain an ethical corporate culture. -
Managing for Stakeholders
This note explains managing for stakeholders, an emerging view that, basically, businesses and the executives who manage them actually do and should create value for customers, suppliers, employees, communities, and financiers (or shareholders)--which contrasts with the dominant idea that businesses are to be managed solely for the benefit of shareholders. The note examines why the dominant model is no longer viable in today's business world and then goes on to define the basic ideas of managing for stakeholders (and why it solves some of the problems of the dominant model) and to sketch three primary arguments from ethical theory for adopting managing for stakeholders. -
Shouldice Hospital Limited B
Supplement for case 805002 -
Barclays and the LIBOR Scandal
In June of 2012, Barclays plc admitted that it had manipulated the London Interbank Offered Rate (LIBOR)-a benchmark interest rate that was fundamental to the operation of international financial markets and that was the basis for trillions of dollars of financial transactions. Between 2005 and 2009, Barclays, one of the world's largest and most important banks, manipulated LIBOR to gain profits and/or limit losses from derivative trades. In addition, between 2007 and 2009, the firm had made dishonestly low LIBOR submission rates to dampen market speculation and negative media comments about the firm's viability during the financial crisis. In settling with U.K. and U.S. regulators the firm agreed to pay $450 million in fines. Within a few days of the settlement, Barclays' CEO, Robert Diamond, had resigned under pressure from British regulators. Diamond blamed a small number of employees for the derivative trading-related LIBOR rate violations and termed their actions as "reprehensible." As for rigging LIBOR rates to limit market and media speculation of Barclays' financial viability, Diamond denied any personal wrongdoing, and argued, that if anything, Barclays was more honest in its LIBOR submissions than other banks-questioning how banks that were so troubled as to later be partly nationalized could appear to borrow at a lower rate than Barclays. This case explains why LIBOR was an essential part of the global financial market, the mechanism used to establish the rate, and what Barclays did wrong. The case allows for an examination of: i) the consequences of violating the trust of market participants, ii) cultural and leadership flaws at Barclays; iii) the challenge of effectively competing in a market where systemic, and widely understood, corruption is taking place, iv) the complicity of regulators in perpetuating a corrupt system; v) what might, or might not, be effective remedies for the systemic flaws in LIBOR. -
When the Crowd Fights Corruption
Corruption is the greatest impediment to conducting business in Russia, according to leaders recently surveyed by the World Economic Forum. Indeed, it's a problem in many emerging markets, and businesses have a role to play in combating it, according to Healy and Ramanna. The authors focus on RosPil--an anticorruption entity in Russia set up by Alexey Navalny, a crusader against public and private malfeasance in that country. As of December 2011, RosPil claimed to have prevented the granting of dubious contracts worth US$1.3 billion. The organization holds corrupt politicians' and bureaucrats' feet to the fire largely through internet-based crowdsourcing, whereby often-anonymous people identify requests for government-issued tenders that are designed to generate kickbacks. Should entities like RosPil be supported, and should companies fashion their own responses to corruption? On the one hand, there are obvious public-relations and political risks; on the other hand, corruption can erode a firm's competitiveness, the trust of customers and employees, and even the very legitimacy of capitalism. The authors argue that heads of many multinational companies are well positioned to combat corruption in emerging markets. Those leaders have the power to enforce policies in their organizations and networks, and they enjoy the ability to organize others in the industry against this pernicious threat.