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Q1 –

Respond to the following questions. Your responses are expected to contain 3 – 5 sentences showing your understanding of the material.

  1. As it relates to pre-enforcement action professional fees and expenses, is the “where else” question appropriate?
  2. Describe how FCPA enforcement actions or instances of FCPA scrutiny can lead to a derivative claim or securities fraud claim against the company and/or its officers and directors?
  3. Describe in your own words what a derivative claim is and what a securities fraud claim is?
  4. Describe what is meant by “offensive use” of the FCPA?

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Q2 – This one is based off the google paper from last week

Begin a draft of your final paper about the company you chose at the beginning of the semester relating it to the six capitals. Use the bulleted items below as a guide. Also include a list of resources you will utilize for your final paper. Share the resource and how you see yourself incorporating it in your final paper. You should have a minimum of 5 resources listed at this point.

A guide for your rough draft is as follows:

  • Look at the published information about the company and identify the source –audited financials, financial analysts, attorneys, and corporate executives:
  • What are the strategic resources that sets this company apart?
  • What are their six capitals – does it discuss them? Does it measure them? Does it discuss them in terms of its corporate responsibility or as a sustainability disclosure?
  • What are its sustainable practices [if any]? Are they measured?
  • How does this entity create long term or sustainable value for its stakeholders or shareholder/investors? Does the enterprise discuss stakeholder or sustainable investing in its [management discussion and analysis] in its filings with the sec or other regulatory agencies? Does it provide sustainability disclosures in its filings? Does it compare year over year filings and discuss improvements or valuation decreases [expropriation of assets, geopolitical issues, lawsuits]?
  • Does this company discuss its enterprise risks? What risks were identified?
  • Finally, if you were a fiduciary or steward of the enterprise, what would you do to improve the reporting of this information in support of a stronger, healthier and more vibrant enterprise that would satisfy the new stakeholder community that is growing in influence on the corporate enterprise?

Use Word or compatible software with a 12-point, Times New Roman font and standard margins when completing your document.

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