Jeffrey Kaplan's blog

Featured Collaborator for April: Jeffrey Kaplan

Interview with Jeffrey Kaplan, partner in the Kaplan & Walker LLP law firm in Princeton, New Jersey

What are your main areas of research /writing? 

I am principally a practitioner - in the compliance and ethics (“C&E”) field - rather than a professional researcher, and I certainly have not conducted any experimental research. I have done survey research – for the Conference Board (on the role of corporate directors in promoting C&E and on shortfalls in US government enforcement policy vis a vis C&E) and for the Ethics & Compliance Initiative (the “ECI,” which used to be called the ECOA) on conflicts of interest and various C&E program practices. Also, for the past four years I have been assembling and analyzing cases and articles about conflicts of interest (“COIs”) for a blog which looks at various COI issues across varying industry contexts (e.g., what types of interests are cognizable for COI purposes or when should a waiver be permitted) I hope at some point to turn these posts into a book about all things COI-related.

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Is Political Ideology a Compliance and Ethics Risk?

Cross posted with permission from ES Collaborator Jeffrey Kaplan's Conflict of Interest blog

In a post  last week on the Harvard Law School Forum on Corporate Governance and Financial Regulation, Danling Jiang, Associate Professor of Finance at Florida State University, summarizes a recent article she authored with Irena Hutton, Associate Professor of Finance at Florida State University; and Alok Kumar, Professor of Finance at the University of Miami: “Political Values, Culture, and Corporate Litigation,” which was published in the latest issue of Management Science and which “examine[s] whether the political culture of a firm defines its ethical and legal boundaries as observed by the propensity for corporate misconduct.”

In a post  last week on the Harvard Law School Forum on Corporate Governance and Financial Regulation, Danling Jiang, Associate Professor of Finance at Florida State University said of recent research, “Using one of the largest samples of litigation data to date, [they] show that firms with Republican culture are more likely to be the subject of civil rights, labor, and environmental litigation than Democratic firms, consistent with the Democratic ideology that emphasizes equal rights, labor rights, and environmental protection. However, firms with Democratic culture are more likely to be the subject of litigation related to securities fraud and intellectual property rights violations than Republican firms whose Party ideology stresses self-reliance, property rights, market discipline, and limited government regulation.”

This is interesting – if not necessarily surprising – stuff, and particularly so in an election year. But does it bear on the work of C&E professionals? And does it have anything to do with conflicts of interest?

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Point-of-Risk Compliance

This piece is cross posted from ES collaborator Jeffrey Kaplan's "Conflicts of Interest" blog with permission.

Marketers have long known that “point-of-sale” display of products can be a powerful advertising tool. But can its logic be put to work for promoting compliance and ethics?

I was recently asked by a client to fill out a vendor information form and noticed that in addition to seeking information from vendors the form required the employee proposing the hiring to certify that any conflict of interest involving the vendor had been disclosed and okayed by management and the C&E officer. While I know that many companies have some form of COI certifications (see prior posts), I can’t recall having seen one on a vendor information form of this sort before – even though the common sense of such a “point-of-risk” compliance approach seems pretty obvious. Indeed, it is hard to think of any reason why a company wouldn’t do this.

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Conflicts of interest, corruption and fraud: what are the connections?

[This essay was originally posted on the Conflict of Interest Blog]

Whether one is drafting a code of conduct or other C&E policy documents, developing training, designing audit protocols,  conducting a risk or program assessment or creating C&E metrics, it may be useful to bear in mind the relationships between COIs, corruption and fraud – particularly given the extent of overlap among these areas.  The following is offered as an overview of these connections, but note that these are intended only as general principles under US law; aspects of the analysis may differ under various other countries’ legal regimes, and even  some aspects of US law itself.

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Is Wall Street a bad ethical neighborhood?

[This essay was originally posted on the Conflict of Interest Blog]

For many years I taught ethics in the executive MBA program of a New York area business school. Because of the school’s location, the “day job” for many of the students was in the financial services field, and on average they seemed less ethics-focused than did the others.  I did not find this surprising – since for many years my “day job” was as a white collar criminal defense lawyer, and a disproportionate number of my clients were from that same industry.

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Risk assessment: law, economics, morality science…and liquor

[This essay was originally posted on the Conflict of Interest Blog]

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Effective C&E Programs: The Justice Department Speaks

[This essay was originally posted on the Conflict of Interest Blog]

Last week, together with David Wilkins of SNC-Lavalin, I chaired the Practising Law Institute’s Advanced Compliance & Ethics Workshop.  Marshall Miller, the number 2 in the Justice Department’s Criminal Division, gave the keynote address, which was subsequently posted on the Department’s web site.  Among the important points he made were the following.

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Prosecutors, massive fines and moral hazard

[This essay was originally posted on the Conflict of Interest Blog.]

Many years ago, I lived next door to a young police officer and his family who, while presumably paid a modest salary, drove a pretty expensive car.   He was able to do this, I learned, because his department seized autos (and other property) of various suspected offenders and then let its officers drive the vehicles for their personal use.  Although he seemed in every respect like an honorable young man, the impact that this practice could have – and also appear to have – on law enforcement decisions left me feeling uneasy.

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New proof that good ethics is good business

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Behavioral ethics and compliance: what the board of directors should ask

[This essay was originally posted on the Conflict of Interest Blog.]

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