# Preemptive remedial measures `kaal:entity:preemptive-remedial-measures` **Status.** derived This node is assembled mechanically from the 9 claims that carry the concept tag `preemptive-remedial-measures`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself. ## Every claim under this term 9 claims across 2 works, 2014 to 2014. **2014** - [2486570-013](https://wulfkaal.github.io/claims/2486570-013) [empirical/evidenced] -- In 63.47 percent of the coded non and deferred prosecution agreements the agreement itself referenced preemptive remedial measures the corporation had instituted before the agreement was executed. > We found that 63.47 percent of the N/DPAs in the sample contained references to preemptive remedial measures instituted before the execution of the N/DPA. 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 - [2486570-014](https://wulfkaal.github.io/claims/2486570-014) [failure/argued] *(failure mode)* -- Where coded categories such as cooperating, disclosure, and internal review fall well short of 100 percent of the sample, the shortfall may reflect a gap in what the agreements record rather than a real absence of those corporate actions, so the coded frequencies understate actual conduct. > there is a chance that we may be capturing a gap in what is recorded in the N/DPAs in the sample, rather than a real absence of these factors. 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 - [2486570-025](https://wulfkaal.github.io/claims/2486570-025) [failure/argued] *(failure mode)* -- 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). SSRN: https://ssrn.com/abstract=2486570 - [2486570-026](https://wulfkaal.github.io/claims/2486570-026) [design/argued] -- High quality and effective preemptive remedial measures are themselves part of good corporate governance and can help a corporation avoid investigation, prosecution, and the execution of a non or deferred prosecution agreement. > High-quality effective preemptive reme- dial measures are part of good corporate governance and can help avoid inves- tigations and prosecutions and the associated execution of N/DPAs. 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 - [2486570-028](https://wulfkaal.github.io/claims/2486570-028) [mechanism/argued] -- Regulators can learn from the preemptive remedial measures corporate wrongdoers institute, because those measures reveal where governance concerns lie in a particular industry and where regulatory action is increasingly needed. > from preemptive remedial measures instituted by corporate wrongdoers because such measures highlight possible areas of governance concern in a particular in- dustry and provide insights into increased needs for regulatory actions. 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 - [kaal-2014-dynamicregulationviagove-026](https://wulfkaal.github.io/claims/kaal-2014-dynamicregulationviagove-026) [empirical/evidenced] -- More than 60 percent of the non and deferred prosecution agreements executed between 1993 and 2013 were preceded by preemptive remedial measures instituted by the corporate wrongdoer. > Over 60% of N/DPAs executed between 1993 and 2013 instituted preemptive remedial measures prior to the execution of the N/DPA82. Kaal, Dynamic Regulation via Governmental Contracts (2014) - [kaal-2014-dynamicregulationviagove-027](https://wulfkaal.github.io/claims/kaal-2014-dynamicregulationviagove-027) [failure/evidenced] *(failure mode)* -- The effectiveness of existing preemptive remedial measures is in question, because the majority of governmental contracts are executed only after those measures have already proved unsuccessful. > the majority of governmental contracts are executed after preemptive remedial measures have proved unsuccessful85, calling into question the effectiveness of existing preemptive remedial measures. Kaal, Dynamic Regulation via Governmental Contracts (2014) - [kaal-2014-dynamicregulationviagove-028](https://wulfkaal.github.io/claims/kaal-2014-dynamicregulationviagove-028) [predictive/argued] -- If governmental contracts increasingly mandate replacement of boards and senior management, boards will have stronger incentives to make preemptive remedial measures effective. > Should future governmental contracts increasingly mandate re- placement of boards and senior management (38% of governmental contracts from 1993 to 2013 replaced boards and management)86, boards may be fur- ther incentivized to optimize the effectiveness of preemptive remedial measures. Kaal, Dynamic Regulation via Governmental Contracts (2014) - [kaal-2014-dynamicregulationviagove-034](https://wulfkaal.github.io/claims/kaal-2014-dynamicregulationviagove-034) [failure/evidenced] *(failure mode)* -- Preemptive remedial measures have a low success rate, as evidenced by the fact that more than 60 percent of deferred and non prosecution agreements executed between 1993 and 2013 refer to preemptive remedial measures that preceded them. > The low success rate of preemptive re- medial measures, evidenced by the fact that over 60% of D/NPA executed between 1993 and 2013 refer to preemptive remedial measures103 Kaal, Dynamic Regulation via Governmental Contracts (2014) ## Verify Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust. curl -s https://wulfkaal.github.io/entities/preemptive-remedial-measures.md | sha256sum **Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.