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An Analysis of SEC Clawback Provisions in terms of Loss-Aversion and Narcissism

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Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to

Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to return performance-based, variable compensation that was erroneously awarded in the year of a misstatement. This research shows the need for the use of a new clawback provision that combines aspects of the two currently in regulation. In our current federal regulation, there are two clawback provisions in play: Section 304 of Sarbanes-Oxley and section 954 of The Dodd\u2014Frank Wall Street Reform and Consumer Protection Act. This paper argues for the use of an optimal clawback provision that combines aspects of both the current SOX provision and the Dodd-Frank provision, by integrating the principles of loss aversion and narcissism. These two factors are important to consider when designing a clawback provision, as it is generally accepted that average individuals are loss averse and executives are becoming increasingly narcissistic. Therefore, when attempting to mitigate the risk of a leader keeping erroneously awarded executive compensation, the decision making factors of narcissism and loss aversion must be taken into account. Additionally, this paper predicts how compensation structures will shift post-implementation. Through a survey analyzing the level of both loss- aversion and narcissism in respondents, the research question justifies the principle that people are loss averse and that a subset of the population show narcissistic tendencies. Both loss aversion and narcissism drove the results to suggest there are benefits to both clawback provisions and that a new provision that combines elements of both is most beneficial in mitigating the risk of executives receiving erroneously awarded compensation. I concluded the most optimal clawback provision is mandatory for all public companies (Dodd-Frank), targets all executives (Dodd-Frank), and requires the recuperation of the entire bonus, not just that which was in excess of what should have been received (SOX).

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2018-12

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Evolution of the Mobile Gaming Market and Contextualizing the ATVI-KING Acquisition

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This paper discusses the development of the mobile gaming industry and analyzes a mobile game acquisition to provide context to the entire market. By discussing the history and growth of the industry, I discovered that mobile gaming was a massive

This paper discusses the development of the mobile gaming industry and analyzes a mobile game acquisition to provide context to the entire market. By discussing the history and growth of the industry, I discovered that mobile gaming was a massive opportunity for companies to generate lucrative earnings. The discussion revolving around the evolution of the mobile gaming business model serves to provide context on the industry’s unique opportunities and risk factors. Candy Crush’s developer King is the main focus in this paper as they were the highest-performing public company in the market. The company is the greatest example of the mobile gaming phenomenon, experiencing rapid growth due to the success of its games, faltering in financial performance after going public, and finally becoming a subsidiary of a larger video game company that recognized King’s potential. King’s acquirer, Activision-Blizzard (ATVI), is an industry veteran of the overall video game industry that bought out King in an attempt to capitalize on the rising popularity of mobile games and to improve their strategic position in the larger video game market. The mergers & acquisitions (M&A) analysis between ATVI and King serves to determine whether or not the acquisition was an appropriately priced deal and if King represented a worthy buy. A discounted cash flows model is the basis for the analysis using a wide range of assumptions to account for the volatility of the industry. Finally, an event study and post-acquisition analysis are conducted to determine if any financial synergies were achieved in the ATVI-King acquisition. While the analyses do not offer a definitive conclusion on King’s post-acquisition performance, it can be said that the company has managed to achieve some measure of longevity. In the context of the entire mobile gaming market, the potential of mobile games should make developers attractive in the eyes of investors and acquirers, provided they understand the mobile gaming industry’s unique risks.

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2019-05

Arizona's Potential in Filmmaking: Why Arizona can, and should be a player in the movie industry

Description

The Film Industry is one of most exciting and informative businesses in the world, a business where the revenue of a single feature film can approach or exceed $1 billion. Current trends show a significant increase in independent production and

The Film Industry is one of most exciting and informative businesses in the world, a business where the revenue of a single feature film can approach or exceed $1 billion. Current trends show a significant increase in independent production and a demand for major studio facilities outside of California. Many states are meeting the demand by building state-of-the-art sound stages and production facilities. To further attract productions into their state, tax incentives and rebates are offered, resulting in a long-term influx of movie production that generates hundreds of millions of dollars of revenue for their communities, contributing an estimated $200,000 a day into the coffers of the localities where they film. In addition to the revenue it generates, the motion picture and television industries employ over 1.3 million Americans. Despite numerous benefits to states that cater to the movie industry, Arizona continues to flounder. With all the resources and advantages offered to Arizona including good weather and proximity to Hollywood, the state has the potential to become a key player within the film industry. The purpose of this study is to conduct interviews from industry professionals, both in and out of state, to get an idea of where Arizona stands in the movie making industry and if the state should take the steps necessary to build a more dominant presence. Using states like New Mexico as a model, comparisons will be made between different programs offered and implemented in both Arizona and other states. Data will be collected through induction of personal interviews and the responses gathered will be used to formulate a more formidable opinion on what Arizona is capable of doing within the movie making industry.

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2019-12

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The Unintended Consequences of Sarbanes-Oxley Act of 2002

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Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited

Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average Americans. There were several US criminal code sections that resulted from the passing of SOX. Statute 1519, which is often referred to as the "anti-shredding provision", penalizes anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to" obstruct a current or foreseeable federal investigation. This statute, although intended to punish behavior similar to that which occurred in the early 2000s by corporations and auditors, has been used to charge people beyond its original intent. Several issues with the crafting of the statute cause its broad application and some litigation even reached the Supreme Court due to its vague wording. Not only is the statute being applied beyond the intent, there are other issues that legal scholars have critiqued it for. This statute is far from being the only law facing these issues as the same issues and critiques are found in the 14th amendment. Rewriting the statute seems to be the most effective way to address the concerns of judges, lawyers and defendants regarding the statute. In addition, Congress could have passed this statute outside of SOX to avoid being seen as overreaching if obstruction of justice related to documents was actually an issue outside of corporate fraud.

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2016-12

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UniEvents: A Centralized Event Marketing Platform for the Increase in Campus Involvement

Description

Arizona State University students are currently out of the loop when it comes to hearing about events being held in their community. This is because there is no established service that provides an inclusive list of both on and near

Arizona State University students are currently out of the loop when it comes to hearing about events being held in their community. This is because there is no established service that provides an inclusive list of both on and near campus events. What's worse is that the current methods for event marketing rely heavily on who one knows. Currently, ASU students hear about events through word of mouth, email chains, Facebook pages, and posters around campus. Thankfully, there is now an event marketing method that is available to everyone. UniEvents is a newly developed event service that live-tracks events around ASU's Tempe campus. UniEvents consists of a webpage that accommodates all screen sizes and is accessible by all devices including smartphones, tablets, and desktop computers. The website offers a user-friendly interface and useful features. Students are able to scan through event listings on a calendar or they can use an interactive map to find events nearest to them. Furthermore, UniEvents also offers the option for users to submit events to be advertised through the service. This way, students and organizations can easily spread the word about events on campus. Through UniEvents, ASU students will finally be able to see a conclusive list of upcoming events in one convenient site. Students will be able to save time and hassle by not having to rely on numerous sources to learn about events. UniEvents is committed to help students learn about events and get involved in campus activities!

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Date Created
2016-05

The Benefit of Dedicated Software Training Programs for Individuals, Corporations, and Universities

Description

The intention of this thesis was to explore potential marketing avenues for Anavate Partners. Anavate Partners specialize in implementing, marketing, and selling the Anaplan software and this thesis was intended to provide a direction for their future marketing campaigns.

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Date Created
2021-05

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Rebranding the Arizona Fall League: A Social Approach

Description

The Arizona Fall League is a baseball league affiliated with Major League Baseball to provide further development to seven of each MLB team’s top minor league prospects. The games are played at the same stadiums as spring training in Arizona

The Arizona Fall League is a baseball league affiliated with Major League Baseball to provide further development to seven of each MLB team’s top minor league prospects. The games are played at the same stadiums as spring training in Arizona but historically draw a very low attendance in comparison. The marketing strategies currently used to promote and advertise the Arizona Fall League are not sufficient to meet the goal of increased attendance and increased profits as a result. The league currently markets its core product to the customer, meaning the actual baseball game itself along with the highly talented players, rather than the actual product provided to fans, meaning the social utility they gain from their experiences at an Arizona Fall League game along with the game. The league needs to focus mainly on two target markets: men and women ages 18-25 and families with children under 18. In order to shift the focus to the actual product, the league’s marketing staff should run promotions (alongside their current promotions) in association with local sports bars or restaurants and places that provide entertainment, such as Top Golf. They also should revamp their social media accounts to integrate a more fan-focused base for their posts, making fans feel like they are a greater part of the experience. These improvements would drive up attendance and generate more profits for the Arizona Fall League.

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2020-05