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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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Financial Intelligence Pays Off: A Personal Guide to Finance for Students

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Financial Intelligence Pays Off blog is an easy to use blog for high school juniors and seniors and college students to access in order to receive a quick overview of essential financial topics. There are many sources and college courses

Financial Intelligence Pays Off blog is an easy to use blog for high school juniors and seniors and college students to access in order to receive a quick overview of essential financial topics. There are many sources and college courses for students to take to get a more in-depth understanding of topics such as saving, filing taxes, learning about credit but many times students do not know about these courses. However, it is often that courses are restricted to students who are business majors and online sources sometimes use to technical of terminology for young adults to follow along. The goal of this blog is for it to give students just a quick overview of what taxes are, how to manage and have a good credit score, how to keep a budget and other essential financial tasks. There are five topics covered in the blog as well as resources for students to access if they would like more information on a topic.

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2018-12

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An Investigation of Gift Cards, Unclaimed Property Laws, and How They Are Related

Description

By the year 2021, the gift card market is expected to grow to more than 200 billion dollars. Gift cards are extremely popular among consumers and retailers. They are the most requested gift of the holiday season. They are popular

By the year 2021, the gift card market is expected to grow to more than 200 billion dollars. Gift cards are extremely popular among consumers and retailers. They are the most requested gift of the holiday season. They are popular for retailers because gift card sales mean more first time customers, more returning customers, and more money spent in their stores. The growth of gift cards has been very rapid since their introduction by Blockbuster Entertainment in 1994. As the gift card market has increased, so too has gift card breakage. According to FASB ASC 405-20-40-3 gift card breakage is, "the portion of the dollar value of prepaid stored-value products that ultimately is not redeemed by product holders for cash or not used to purchase goods and/or services". The average consumer may contribute to gift card breakage by not using the full dollar amount of their gift card, or by losing the gift card and therefore not redeeming it. For 2011, breakage was expected to be around two billion dollars, roughly two percent of all gift cards purchased. Gift card breakage is free money for the retail companies. They are able to recognize the breakage as revenue without having to give up merchandise or services. Recently, abandoned property laws have minimized the profits on gift card breakage for large retailers. In states where abandoned property laws include gift cards, retailers have been forced to turn over the cash from their unused gift cards. These laws are going to have an effect on many large retailers as some recognize tens of millions of dollar in gift card breakage income but will no longer be able to do so.

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2016-05

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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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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

A Fortune 100 Technology Company Collaborative Thesis: Third-Party Services \u2014 Optimizing Headcount

Description

The object of the present study is to examine methods in which the company can optimize their costs on third-party suppliers whom oversee other third-party trade labor. The third parties in scope of this study are suspected to overstaff their

The object of the present study is to examine methods in which the company can optimize their costs on third-party suppliers whom oversee other third-party trade labor. The third parties in scope of this study are suspected to overstaff their workforce, thus overcharging the company. We will introduce a complex spreadsheet model that will propose a proper project staffing level based on key qualitative variables and statistics. Using the model outputs, the Thesis team proposes a headcount solution for the company and problem areas to focus on, going forward. All sources of information come from company proprietary and confidential documents.

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2014-05

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Prioritizing Projects on Time and Cost Savings for a more Efficient Manufacturing Process of a Semiconductor Company

Description

Over the course of six months, we have worked in partnership with Arizona State University and a leading producer of semiconductor chips in the United States market (referred to as the "Company"), lending our skills in finance, statistics, model building,

Over the course of six months, we have worked in partnership with Arizona State University and a leading producer of semiconductor chips in the United States market (referred to as the "Company"), lending our skills in finance, statistics, model building, and external insight. We attempt to design models that help predict how much time it takes to implement a cost-saving project. These projects had previously been considered only on the merit of cost savings, but with an added dimension of time, we hope to forecast time according to a number of variables. With such a forecast, we can then apply it to an expense project prioritization model which relates time and cost savings together, compares many different projects simultaneously, and returns a series of present value calculations over different ranges of time. The goal is twofold: assist with an accurate prediction of a project's time to implementation, and provide a basis to compare different projects based on their present values, ultimately helping to reduce the Company's manufacturing costs and improve gross margins. We believe this approach, and the research found toward this goal, is most valuable for the Company. Two coaches from the Company have provided assistance and clarified our questions when necessary throughout our research. In this paper, we begin by defining the problem, setting an objective, and establishing a checklist to monitor our progress. Next, our attention shifts to the data: making observations, trimming the dataset, framing and scoping the variables to be used for the analysis portion of the paper. Before creating a hypothesis, we perform a preliminary statistical analysis of certain individual variables to enrich our variable selection process. After the hypothesis, we run multiple linear regressions with project duration as the dependent variable. After regression analysis and a test for robustness, we shift our focus to an intuitive model based on rules of thumb. We relate these models to an expense project prioritization tool developed using Microsoft Excel software. Our deliverables to the Company come in the form of (1) a rules of thumb intuitive model and (2) an expense project prioritization tool.

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2015-05

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Company X Supplier Financial Health Model

Description

Company X is one of the world's largest manufacturer of semiconductors. The company relies on various suppliers in the U.S. and around the globe for its manufacturing process. The financial health of these suppliers is vital to the continuation of

Company X is one of the world's largest manufacturer of semiconductors. The company relies on various suppliers in the U.S. and around the globe for its manufacturing process. The financial health of these suppliers is vital to the continuation of Company X's business without any material interruption. Therefore, it is in Company X's interest to monitor its supplier's financial performance. Company X has a supplier financial health model currently in use. Having been developed prior to watershed events like the Great Recession, the current model may not reflect the significant changes in the economic environment due to these events. Company X wants to know if there is a more accurate model for evaluating supplier health that better indicates business risk. The scope of this project will be limited to a sample of 24 suppliers representative of Company X's supplier base that are public companies. While Company X's suppliers consist of both private and public companies, the used of exclusively public companies ensures that we will have sufficient and appropriate data for the necessary analysis. The goal of this project is to discover if there is a more accurate model for evaluating the financial health of publicly traded suppliers that better indicates business risk. Analyzing this problem will require a comprehensive understanding of various financial health models available and their components. The team will study best practice and academia. This comprehension will allow us to customize a model by incorporating metrics that allows greater accuracy in evaluating supplier financial health in accordance with Company X's values.

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Date Created
2016-05

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Company A Data Center Group (DCG) Server Segment Analysis

Description

The purpose of our research was to develop recommendations and/or strategies for Company A's data center group in the context of the server CPU chip industry. We used data collected from the International Data Corporation (IDC) that was provided by

The purpose of our research was to develop recommendations and/or strategies for Company A's data center group in the context of the server CPU chip industry. We used data collected from the International Data Corporation (IDC) that was provided by our team coaches, and data that is accessible on the internet. As the server CPU industry expands and transitions to cloud computing, Company A's Data Center Group will need to expand their server CPU chip product mix to meet new demands of the cloud industry and to maintain high market share. Company A boasts leading performance with their x86 server chips and 95% market segment share. The cloud industry is dominated by seven companies Company A calls "The Super 7." These seven companies include: Amazon, Google, Microsoft, Facebook, Alibaba, Tencent, and Baidu. In the long run, the growing market share of the Super 7 could give them substantial buying power over Company A, which could lead to discounts and margin compression for Company A's main growth engine. Additionally, in the long-run, the substantial growth of the Super 7 could fuel the development of their own design teams and work towards making their own server chips internally, which would be detrimental to Company A's data center revenue. We first researched the server industry and key terminology relevant to our project. We narrowed our scope by focusing most on the cloud computing aspect of the server industry. We then researched what Company A has already been doing in the context of cloud computing and what they are currently doing to address the problem. Next, using our market analysis, we identified key areas we think Company A's data center group should focus on. Using the information available to us, we developed our strategies and recommendations that we think will help Company A's Data Center Group position themselves well in an extremely fast growing cloud computing industry.

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Date Created
2016-05

Stock Price Performance in the Covid-19 Era: A Five-Phase Analysis

Description

The Covid-19 pandemic has made a significant impact on both the stock market and the<br/>global economy. The resulting volatility in stock prices has provided an opportunity to examine<br/>the Efficient Market Hypothesis. This study aims to gain insights into the efficiency

The Covid-19 pandemic has made a significant impact on both the stock market and the<br/>global economy. The resulting volatility in stock prices has provided an opportunity to examine<br/>the Efficient Market Hypothesis. This study aims to gain insights into the efficiency of markets<br/>based on stock price performance in the Covid era. Specifically, it investigates the market’s<br/>ability to anticipate significant events during the Covid-19 timeline beginning November 1, 2019<br/><br/>and ending March 31, 2021. To examine the efficiency of markets, our team created a Stay-at-<br/>Home Portfolio, experiencing economic tailwinds from the Covid lockdowns, and a Pandemic<br/><br/>Loser Portfolio, experiencing economic headwinds from the Covid lockdowns. Cumulative<br/>returns of each portfolio are benchmarked to the cumulative returns of the S&P 500. The results<br/>showed that the Efficient Market Hypothesis is likely to be valid, although a definitive<br/>conclusion cannot be made based on the scope of the analysis. There are recommendations for<br/>further research surrounding key events that may be able to draw a more direct conclusion.

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2021-05