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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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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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Music Streaming Services: A Study on Millennials' Listening Habits and the Future of the Music Industry

Description

The business models of the music industry are currently experiencing rapid changes. Services such as Spotify, SoundCloud, and Pandora offer methods of consuming music unlike any the industry has seen before. Consumers have shifted from wanting products (digital music and

The business models of the music industry are currently experiencing rapid changes. Services such as Spotify, SoundCloud, and Pandora offer methods of consuming music unlike any the industry has seen before. Consumers have shifted from wanting products (digital music and CDs) to using streaming services (Spotify, Pandora, etc.). This study analyzes the motivation for these changes and considers why people choose the avenues by which they experience music.

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2015-05

How does the streaming of esports affect business, viewership, and its longevity

Description

Esports streaming has become an entertainment giant and promises to continue to grow in the coming years. Streaming platforms, such as Twitch and Youtube, have become a haven for community and competition, blending the two into a novel form of

Esports streaming has become an entertainment giant and promises to continue to grow in the coming years. Streaming platforms, such as Twitch and Youtube, have become a haven for community and competition, blending the two into a novel form of interaction that fuels business. This study will analyze how the streaming of esports has influenced business in the technological realm of electronic games and contributed to the field’s longevity. It questions how we, as a society, view community in the online world which itself has become a site for the expansion of how people interact. The study also incorporates the idea of business into the market of technological electronic game-based communities and how competition through esports has also been a fuel for both. Through literature analysis and data collection, the goal of this research would be to increase knowledge on the understanding of streaming esports and help predict what foundation it might take as a whole later on.

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2020-05

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An Analysis of Esports Economics

Description

The esports scene has been constantly evolving ever since its inception in the early 1970s, growing from small arcade based tournaments to the multibillion dollar industry that can be observed today (Bountie Gaming, 2018). In fact, the term esports was

The esports scene has been constantly evolving ever since its inception in the early 1970s, growing from small arcade based tournaments to the multibillion dollar industry that can be observed today (Bountie Gaming, 2018). In fact, the term esports was not widely used until the early 2000s, decades after the first gaming tournaments had taken place. Decades prior, the earliest large-scale gaming tournament was hosted by Atari in 1980 for the game ​Space Invaders ​ . While still primitive by today’s standards, games such as ​Space Invaders ​ inspired fierce competition and effectively laid the foundation for what would grow into the booming industry that we see today (Edwards, 2013).

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2020-05