kaal:claim:2486570-025

Because 63.47 percent of the sampled agreements were executed even after the corporation had already instituted preemptive remedial measures, the current quantity, quality, comprehensiveness, and effectiveness of those preemptive measures may be insufficient to prevent an agreement.

execution of N/DPAs after the institution of pre- emptive remedial measures (63.47 percent of the N/DPAs in the sample), the current quantity, quality, comprehensiveness, and effectiveness of preemptive remedial measures may be insufficient.

Wulf A. Kaal, Timothy Lacine, The Effect of Deferred and Non-Prosecution Agreements on Corporate Governance Evidence from 1993-20 (2014), VI.B. IMPLICATIONS FOR BOARDS, MANAGEMENT, AND LEGAL COUNSEL, p. 56
https://ssrn.com/abstract=2486570 · source PDF

Wulf A. Kaal, Timothy Lacine, The Effect of Deferred and Non-Prosecution Agreements on Corporate Governance Evidence from 1993-20 (2014). SSRN: https://ssrn.com/abstract=2486570

failuresupport: arguedfailure: preemptive-remediation-insufficientfamily: board-and-oversight-failurecompliancegovernance-designcorporate-governanceempirical-evidence

• restated_by kaal:claim:kaal-2014-dynamicregulationviagove-027 The effectiveness of existing preemptive remedial measures is in question, because the majority of governmenta...
• supported_by kaal:claim:kaal-2014-dynamicregulationviagove-026 More than 60 percent of the non and deferred prosecution agreements executed between 1993 and 2013 were preced...
• restated_by kaal:claim:kaal-2014-dynamicregulationviagove-034 Preemptive remedial measures have a low success rate, as evidenced by the fact that more than 60 percent of de...
• extended_by kaal:claim:kaal-2014-dynamicregulationviagove-028 If governmental contracts increasingly mandate replacement of boards and senior management, boards will have s...

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• Extension: Runtime Governance at the Execution Boundary: Why AI Compliance Fails Between Prediction and Action
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