Testimony: McQueary Did Not Tell Paterno Everything

16 December 2011

Was the Jerry Sandusky story just a convenient excuse to get rid of Joe Paterno?  It’s possible.  Last month, I suggested that Penn State’s firing of Joe Paterno was unjustified in part because whatever Mike McQueary saw in the shower back in 2002, he did not tell it all to Joe Paterno. Today, despite contrary […]

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Is House Agriculture the Best Committee for the MF Global Hearing?

8 December 2011

In action before the House Agriculture Committee today, CFTC Commissioner Jill Sommers (pictured right) and James Kobak, lead counsel for the MF Global liquidation trustee, both acquitted themselves as well as can be expected under the circumstances.  Not so much Agriculture Committee members, those posing the questions. I get it that market players most hurt […]

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Capital Irony: Jon Corzine Goes to Washington

8 December 2011

Ready for more on MF Global?  Jon Corzine’s written testimony on the MF Global collapse suggests that the House Agriculture Committee’s hearing this morning (start time 9:30 a.m.) may be an interesting one.  MF Global is undoubtedly a complicated case which — judging from Corzine’s submission — appears to have been grossly oversimplified by the […]

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McQueary Quandary: Did Penn State Misfire on Joe Paterno?

18 November 2011

Did Penn State fire Joe Paterno too quickly?  Aspects of the Jerry Sandusky child sex story most damaging to Paterno are beginning to unravel.  One inflammatory (and likely inaccurate) popular belief:  Paterno failed to communicate to police or Penn State superiors the full, lurid details supposedly told him by whistleblower Mike McQueary the “morning after” […]

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A Modest Defense of Joe Paterno

14 November 2011

As a father, coach, college football fan and attorney for whistleblowers, I have watched the Penn State scandal unfold with equal measures horror and fascination.  Some have asked my opinion.  Others have offered theirs. One told me, “Paterno becomes the biggest human disappointment I remember…. I’m not sure I’ve ever seen a drop so far […]

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Companies should embrace whistleblowers, not ostracize them

29 August 2011

In the corporate ethics arena, one of the most destructive tendencies is knee-jerk retaliation against whistleblowers.   Ann Kraemer argues convincingly that companies should go out of their way to encourage whistleblowing (especially the internal variety) for a variety of reasons.  Kraemer’s article, Embracing the Enemy, in the Summer 2011 Conference Board Review, offers a robust […]

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SEC evidence-destruction scandal: WSJ covering (up)?

20 August 2011

SEC insider Darcy Flynn has leveled an explosive, apparently well-documented accusation that the nation’s top financial markets cop has been shredding evidence of financial misdeeds since at least 1993. WSJ readers looking for insights will find more beef in Rolling Stone which has, yet again, one-upped The Wall Street Journal via reporter Matt Taibbi. Since the Darcy Flynn story broke […]

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SEC & materiality: Not as easy as it sounds!

20 June 2011

What misstatements or omissions are “material” and which are not?  With the recent roll-out of the SEC’s new whistleblower regulations, this is a popular question among companies and potential whistleblowers.  This brief summary offers insights into this important topic as it applies to changes in accounting principle. First, despite recent IFRS rumblings, SEC regulations require […]

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Pennsylvania Power Juicer court pans False Marking Statute

10 June 2011

Thinking of filing a False Marking Statute qui tam?  Big Ten country is not looking so friendly these days. The essence of the False Marking Statute, 35 U.S.C. § 292, is summarized here: “[W]hoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word ‘patent’ . . . […]

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False claims epidemic in biomedical research?

9 June 2011

If you thought politicians were a breed apart, think again.  A recent article published in Scientific American suggests pols and scientists have something in common: an affinity for stretching the truth.  An Epidemic of False Claims, points to the likelihood of a growing universe of potential False Claims Act whistleblower cases in the biomedical-research arena: […]

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