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The term entrepreneur comes from the French word entreprendre, which signifies “one who undertakes innovations.” That underlying innovative nature typifies entrepreneurship’s vital role in our economy, contributing to both economic growth and industry progress. Many states affirmatively support entrepreneurship through tax credits, subsidies, and awards, as well as by sponsoring incubators and accelerators. And yet, despite this public policy favoring entrepreneurship, human capital law – which lies at the intersection of intellectual property, employment regulation, and contract law – has developed in ways that often curtail that very same entrepreneurial activity. Post-employment restrictions, both contractual and regulatory, particularly limit the ability of the most experienced professionals to find, or even join, new ventures. This chapter explores the discordant, contradictory nature of state policies favoring both entrepreneurial venture and human capital law, and argues against the counter-productive expansion of restrictions on talent mobility. It first discusses the general disadvantage startups face in litigation brought by incumbents as well as the rise in intellectual property disputes and their effects on entrepreneurship. The chapter then presents the particular cost of human capital legal disputes on entrepreneurial spinoffs, that is, companies founded by former employees of competitors.
The conference that prompted the publication of this volume was motivated by a simple idea, that the core function of entrepreneurs is to challenge incumbency. The novelty inherent in entrepreneurial action implies uncertainty, and hence experimentation, learning, and selection. We invited conference participants to explore issues such as: the incentive effect of legal rules on startup activity; the role of private ordering in facilitating or impeding entrepreneurial action; the influence of legal rules and practices on the creation of entrepreneurial opportunities; the role of law in promoting or foreclosing market entry; or the effect of entrepreneurial action on legal doctrine. This volume is the result of that invitation.
Before he was appointed to his long-lasting seat on the Supreme Court, William O. Douglas (WOD to his entourage, apparently) was Chairman of the Securities & Exchange Commission. His tenure was productive and aggressive, taking on “the moneyed interests” harder than either of his two New Deal predecessors.1 Two subsequent SEC chairs, William Cary and Arthur Levitt, called Douglas their hero and inspiration. In the 1990s, Levitt put Douglas’s quote committing the SEC to be “the investor’s champion” against the forces of greed on the home page of the Commission’s new website.2
The literature on financial contracting highlights a risk of opportunism by whichever party controls the firm.1 If the entrepreneur retains control of the business she may pursue private benefits (e.g., the joy of running her own business) at the expense of financial returns. To address this concern, investors may demand control rights as a condition of financing.2 However, this merely flips the problem, since now investors may use such control to behave opportunistically toward the founders or other constituents of the firm.3 In the context of entrepreneurial finance such problems are magnified by the fact that financing contracts are inherently incomplete and cannot specify the firm’s action for every contingency that might arise.4 While legal constraints – such as fiduciary obligations – may mitigate the risk of controlling party opportunism, the law provides an imperfect solution at best and cannot eliminate opportunistic behavior within entrepreneurial finance.5
This study tests whether employee participation in different types of physical activity benefits employees' training stress and career satisfaction perceptions differently and if grit, as a psychological resource, mediates this relationship. In two samples, we assess whether (1) regular physical activity; or (2) exercise to reach a competitive goal have similar associations with employee outcomes. In study 1, we find no relationship between employee engagement in regular physical activity and the outcomes. Moreover, grit's consistency of effort mediates the physical activity – training stress relationship, exacerbating employees' training stress. In study 2, employee exercise reduces career satisfaction and increases training stress. Importantly, grit's perseverance dimension increases their career satisfaction, and the consistency of interest dimension lessens training stress. Thus, we find evidence that employee participation in different types of physical activity leads to divergent outcomes, and that grit as a mediator only benefits employees exercising for a competitive goal.
How does trading in one venue affect the quoting strategies of market makers in other venues? We develop a two-venue imperfect competition model in which market makers face quadratic costs when absorbing shocks. Nonconstant marginal costs imply that absorbing a shock in one venue simultaneously changes marginal costs in all other venues. Moreover, market makers strategically choose which shock(s) to absorb. These two forces may intensify competition, leading to enhanced liquidity. Using Euronext proprietary data, we track individual best bid and ask quotes of intermediaries in each venue. We uncover evidence of strategic cross-venue market-making behavior which is uniquely predicted by our model.
Since the mid-1970s, the U.S. commodity futures exchanges have increasingly been the focus of tight government regulation, which resulted in strong control by a specific agency: the Commodity Futures Trading Commission. In Europe, the regulation of futures diverged from the U.S. model. No regulation at the communitarian level was implemented; at the national level, the United Kingdom emerged as a model of self-regulation of commodity markets. This article explores the historical causes behind this lack of regulation in Europe, placing it in the context of global commodity trading and arguing that the European regulation of futures trading was reshaped by a dialogue established between the European Commission and big players of commodity futures trading in the City of London. Since the mid-1960s, the City of London has become a pivotal global market venue for commodity futures, which has increasingly attracted players from abroad, thanks to its financial integrity and self-regulatory model. Both established London merchants and emerging players in the global trade of financial products cooperated to stave off any attempt at regulating the London futures exchanges. The inference here is that those attempts were instrumental in setting the conditions leading to the regulatory fragmentation that still characterizes futures trading in the global market.
Average cumulative abnormal returns around proxy statements containing “in-depth” disclosures of planning for CEO succession are significantly positive indicating that succession planning is a value-added undertaking. Exploiting a quasi-natural experiment based on a 2009 SEC ruling that induced more succession planning disclosures, we find that succession planning is not value-adding for all firms. Rather, succession planning is value-enhancing for larger, more complex, and more stable firms. Importantly, CEO succession planning appears to be value reducing for smaller, simpler, and less stable firms.
I exploit the leveraged exchange-traded funds’ (ETFs’) primary market to measure aggregate, uninformed, gambling-like demand, that is, speculation sentiment. The leveraged ETFs’ primary market is a novel setting that provides observable arbitrage activity attributed to correcting mispricing between ETFs’ shares and their underlying assets. The arbitrage activity proxies for the magnitude and direction of speculative demand shocks and I use them to form the Speculation Sentiment Index. The measure negatively relates to contemporaneous market returns (e.g., it is bullish in down markets) and negatively predicts returns. The results are consistent with speculation sentiment causing market-wide price distortions that later reverse.
Risks and uncertainties of increasing severity and variety characterise the operating environments of most multinational enterprises (MNEs). Surprisingly limited attention has been given to understanding the antecedents and nature of risk and uncertainty management capabilities. In this study, we contribute to the organisational capability research, by examining the antecedents of risk and uncertainty management capabilities and theorising how MNEs develop and transfer risk and uncertainty management capabilities across borders. By drawing on empirical evidence from MNEs operating in New Zealand, we conceptualise the role of environmental factors – including country risk profile and regulatory environment – in shaping firms' risk and uncertainty management capabilities. We also inductively theorise about the organisational factors that support the development of risk and uncertainty management capabilities in MNEs, and explain which factors influence their cross-border transferability. Finally, we discuss our study's limitations and offer future research directions.
Did the rise of Chinese import competition in the early 2000s affect banks’ credit supply policies? Using bank-firm-level data on the universe of Spanish corporate loans, we find that banks rebalanced their loan portfolios away from firms facing Chinese import competition and toward profitable firms in nonexposed sectors. Banks supplied more credit also to the construction sector, albeit independently of firms’ profitability. This was not due to banks’ exposure to the housing boom. Rather, the geographical concentration of the manufacturing industries competing with China left local banks with few alternatives other than local construction firms to rebalance their loan portfolios.
We study private funds available to retail investors of modest wealth. Our sample covers unlisted real estate investment trusts (REITs) for superior cash flow and fee data. Fee structures are skewed toward performance-insensitive components of the compensation contract, particularly front-end loads. The average unlisted REIT underperforms the listed benchmark by 6.5% per year, 5% of which is attributable to fees. Unlisted REITs underperform institutional-grade private equity real estate funds. Fees paid to investment advisors also explain fundraising success, while past performance does not. The underperformance is consistent with the consequences of managerial conflicts of interest, inadequate governance mechanisms, opaque disclosure, and poor investment advice.
We study the effect of trust on debt contracting. We find that, after the revelation of option backdating, borrowers that likely backdated their previous option grants pay higher interest rates on loans. This adverse effect is mitigated by CEO replacements. Results are similar for public debt, but only if a third party identified the backdaters. After the backdating revelation, firms that engaged in backdating increase their reliance on public debt, and those without access to the public debt market experience capital constraints.
Modern digital life has produced big data in modern businesses and organizations. To derive information for decision-making from these enormous data sets, a lot of work is required at several levels. The storage, transmission, processing, mining, and serving of big data create problems for digital domains. Despite several efforts to implement big data in businesses, basic issues with big data remain (particularly big-data management (BDM)). Cloud computing, for example, provides companies with well-suited, cost-effective, and consistent on-demand services for big data and analytics. This paper introduces the modern systems for organizational BDM. This article analyzes the latest research to manage organization-generated data using cloud computing. The findings revealed several benefits in integrating big data and cloud computing, the most notable of which is increased company efficiency and improved international trade. This study also highlighted some hazards in the sophisticated computing environment. Cloud computing has the potential to improve corporate management and accountants' jobs significantly. This article's major contribution is to discuss the demands, advantages, and problems of using big data and cloud computing in contemporary businesses and institutions.
This research examines the relation between shareholder litigation and corporate social responsibility (CSR). Exploiting exogenous changes in shareholder litigation rights following the staggered adoption of universal demand laws by U.S. states and the Ninth Circuit Court of Appeals’ ruling on securities class action lawsuits, we show that weaker shareholder litigation rights lead to lower CSR scores. Moreover, the relation is stronger for firms facing higher litigation risk, and a decreased CSR score enhances firm value. Our evidence suggests that firms engage in CSR activities partly to reduce shareholder litigation risk ex ante and mitigate its consequences ex post.
Roberto Frega argues for the advancement of workplace democracy theorisation by synergising the conceptual pathways of various disciplines. He places a particular emphasis on the practice of employee involvement, which, according to him, constitutes one of the three pillars of workplace democracy, the other two being voice and representation. The present commentary broadens the interdisciplinary horizons of this debate by reflecting on the central role of accountability in workplace democracy and the workings of the three pillars identified by Frega. The commentary explores the potential of accountability and the insights drawn from critical accounting research to translate democratic ideals into meaningful and sustainable organisational practices and so strengthen workplace democracy.
Partial equilibrium models have been used extensively by policy makers to prospectively determine the consequences of government programs that affect consumer incomes or the prices consumers pay. However, these models have not previously been used to analyze government programs that inform consumers. In this paper, we develop a model that policy makers can use to quantitatively predict how consumers will respond to risk communications that contain new health information. The model combines Bayesian learning with the utility-maximization of consumer choice. We discuss how this model can be used to evaluate information policies; we then test the model by simulating the impacts of the North Dakota Folic Acid Educational Campaign as a validation exercise.