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

Description

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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Cookies 4 Change

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This thesis discusses our path toward creating Cookies 4 Change (C4C), a student organization at Arizona State University. This organization works in tandem with the Community School's Initiative (CSI) at Children's First Leadership Academy (CFLA), a school for housing insecure

This thesis discusses our path toward creating Cookies 4 Change (C4C), a student organization at Arizona State University. This organization works in tandem with the Community School's Initiative (CSI) at Children's First Leadership Academy (CFLA), a school for housing insecure K-8 students in the valley. This mission of Cookies 4 Change is to mentor 7th and 8th grade students of the CSI program at Children's First Leadership Academy in life, in entrepreneurial endeavors, in academic pursuits, and in fundraising to illuminate future potential in both education and careers beyond. To fulfill this mission, we researched three main fields: volunteer motivation, self-esteem in the classroom, and curriculum. This research helped us to first determine the best way to structure our organization to keep ASU students engaged, second to build the self-esteem of the middle school students, and third to create sustainable curriculum on the topic of entrepreneurship. In addition, to ensure the sustainability of Cookies 4 Change, we are developing strong and committed members to take the reigns of the organization when we graduate. We have created detailed pass along documents to complement this thesis and assist them in running C4C. Lastly, we discuss the potential scalability of Cookies 4 Change as a concept to different underprivileged schools in the valley and other cities with a similar socioeconomic makeup. By delving further into our story, the research, the organization, the curriculum, our future, and the scalability, we hope to detail the work we have done to help these students and how the organization will continue helping after we are gone.

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2018-12

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The Unintended Consequences of Sarbanes-Oxley Act of 2002

Description

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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The Formation and Analysis of a Start Up Venture: Outwork Yourself

Description

This paper takes a look at developing a technological start up revolving around the world of health and fitness. The entire process is documented, starting from the ideation phase, and continuing on to product testing and market research. The research

This paper takes a look at developing a technological start up revolving around the world of health and fitness. The entire process is documented, starting from the ideation phase, and continuing on to product testing and market research. The research done focuses on identifying a target market for a 24/7 fitness service that connects clients with personal trainers. It is a good study on the steps needed in creating a business, and serves as a learning tool for how to bring a product to market.

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2014-05

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Arizona Venture Partnership Creative Thesis

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A group project working to implemented programs in the Town of Gilbert that build an entrepreneurial ecosystem within the town.

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2014-05

Socks + Boxers: A Unique Shopping Experience for Men's Socks and Underwear

Description

Socks + Boxers began as a simple idea on a trip through Victoria's Secret as a solution to the lack of choice in quality and affordable undergarments for men. Currently, there is no central hub for men's socks and underwear.

Socks + Boxers began as a simple idea on a trip through Victoria's Secret as a solution to the lack of choice in quality and affordable undergarments for men. Currently, there is no central hub for men's socks and underwear. Customers shopping for men's undergarments have few choices currently: purchase an inexpensive, average quality, predetermined pack of Hanes, Fruit of the Loom, or other common undergarment brand from a store like Walmart or Target; shop for individual pieces of expensive designer underwear at a high-end department store such as Nordstrom; or, finally, purchase slightly above average quality, but fairly expensive, brand name undergarments at physical stores such as American Eagle, Urban Outfitters, or Abercrombie & Fitch, or online stores such as MeUndies. Socks + Boxers seeks to combine the accessibility and reliability of common undergarment brands, the quality and luxury-feel of high-end undergarments, and the concept of choice provided by stores that sell men's undergarment lines into a single business. We also plan to tap into the booming subscription services industry and create a way for customers to easily update and replenish their undergarment wardrobe on a regular basis with exactly what they want. In order to start out on the right foot and begin developing this business plan from the ground up, we began researching and developing a Business Model Canvas, a tool that breaks out necessary pieces of a successful business plan into easy to understand blocks. We took a critical look at the problem at hand, its potential solutions, the value the solutions provide, how we plan to start, grow, and nourish our customer base, and much more. The different pieces of this business model puzzle all come together in the following pages.

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2016-05

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Founder's Lab: Introventoria

Description

With the rising growth of makerspaces in the United States, many are at the leading edge of innovation but are struggling to adequately keep track of and maintain the supplies required to make those innovations come to fruition. Due to

With the rising growth of makerspaces in the United States, many are at the leading edge of innovation but are struggling to adequately keep track of and maintain the supplies required to make those innovations come to fruition. Due to most makerspaces being publically funded by local governments, universities, or designated grant money, approval for purchase and implementation of a proper inventory management system takes time. We have created an application called Introventoria that assists these businesses to manage their materials, tools, customers, etc.

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2020-05

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Entrepreneurship in Mobile Application Development

Description

My thesis is a creative project in which I designed, developed, marketed, and sold a mobile application on the iOS (iPhone) platform. In addition to developing a mobile application, I also formed a Limited Liability Company, Flem LLC, which I

My thesis is a creative project in which I designed, developed, marketed, and sold a mobile application on the iOS (iPhone) platform. In addition to developing a mobile application, I also formed a Limited Liability Company, Flem LLC, which I will own, manage, and operate for the duration of this project and beyond the thesis project. Flem LLC allows me to create a unique brand for my company, separate from myself, as well as providing legal protection for my personal assets. My initial application is titled "Derpy Calc". It is a basic calculator for iPhone capable of adding, subtracting, multiplying, dividing, and taking the square root of positive, negative, and decimal numbers. Derpy Calc is unique because before it will output an answer, Derpy, the calculator's personality, will make a remark or ask a question that is factual, random, or silly. This application is targeted at teenagers and young adults and the outputs Derpy gives will be targeted those demographic. The purpose of this application is to provide humor and spontaneity to the process of doing math and is currently the only iOS application with that focus. Derpy debuted on the Apple App store on March 1st 2013. As of March 27th, it is on Version 1.2, has had 457 advertisement views on 328 downloads. It has earned Flem LLC a total of $0.75 in advertising revenues.

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2013-05

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Founder’s Lab - GoSmall Health

Description

The Founder’s lab is a year-long program that gives students an opportunity to participate in a unique team-based, experiential Barrett honors thesis project to design and apply marketing and sales strategies, as well as business and financial models to start

The Founder’s lab is a year-long program that gives students an opportunity to participate in a unique team-based, experiential Barrett honors thesis project to design and apply marketing and sales strategies, as well as business and financial models to start up and launch a new business. This Barrett honors thesis project focuses on increasing the accessibility of health and wellness programs for small businesses and their employees through a customizable and easily implemented third party program that encourages employee retention.

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2022-05