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Author: American Bar Association. Section of Litigation. Committee on Pretrial Practice and Discovery. Subcommittee on Mandatory Prediscovery Disclosure Rules
Publisher:
Published: 1996-01-01
Total Pages:
ISBN-13: 9781570733154
DOWNLOAD EBOOKAuthor: Omri Ben-Shahar
Publisher: Princeton University Press
Published: 2014-04-20
Total Pages: 239
ISBN-13: 0691161704
DOWNLOAD EBOOKHow mandated disclosure took over the regulatory landscape—and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Author: Joshua Mitts
Publisher:
Published: 2014
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKThe debate over the effectiveness of mandatory disclosure regimes has reached a fever pitch as policymakers search for solutions to the problem of consumers' failure to read standard form contracts. This article demonstrates the use of a randomized experiment to causally identify the effect of disclosure interventions on both contracting decisions and consumer understanding. The CFPB has embraced a data-driven approach to disclosure policy by conducting focus groups, survey testing and trial disclosures, but these methods fail to test how the quantity of disclosure affects consumer understanding, cannot identify how disclosures impact contracting decisions and are generally biased due to non-random selection. In the randomized experiment presented in this article, participants choose between service providers with identical full-text contracts, where one provider is assigned to show a varying number of disclosure warnings with a price discount. Participants are subsequently quizzed on the contract terms to estimate how much different quantities of disclosure improve consumer understanding. The results show that the number of warnings had a nonlinear effect: three warnings had little impact on contracting decisions but six warnings caused 20-30% fewer participants to choose the warned-of provider regardless of the discount size. Three and six warnings equally led to an improvement of 9-10% in consumer understanding, suggesting that a long list of disclosures induces cognitive overload.
Author: Judith Seddon
Publisher: Law Business Research Ltd.
Published: 2018-01-19
Total Pages: 987
ISBN-13: 1912377837
DOWNLOAD EBOOKThere's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
Published: 2016-04-24
Total Pages: 363
ISBN-13: 9041161120
DOWNLOAD EBOOKSince the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author: National Academies Of Sciences Engineeri
Publisher: National Academies Press
Published: 2024-07-18
Total Pages: 0
ISBN-13: 9780309707107
DOWNLOAD EBOOKThe Survey of Income and Program Participation (SIPP) is one of the U.S. Census Bureau's major surveys with features making it a uniquely valuable resource for researchers and policy analysts. However, the Census Bureau faces the challenge of protecting the confidentiality of survey respondents which has become increasingly difficult because numerous databases exist with personal identifying information that collectively contain data on household finances, home values, purchasing behavior, and other SIPP-relevant characteristics. A Roadmap for Disclosure Avoidance in the Survey of Income and Program Participation addresses these issues and how to make data from SIPP available to researchers and policymakers while protecting the confidentiality of survey respondents. The report considers factors such as evolving privacy risks, development of new methods for protecting privacy, the nature of the data collected through SIPP, the practice of linking SIPP data with administrative data, the types of data products produced, and the desire to provide timely access to SIPP data. The report seeks to balance minimizing the risk of disclosure against allowing researchers and policymakers to have timely access to data that support valid inferences.
Author: Omri Ben-Shahar
Publisher:
Published: 2014
Total Pages: 244
ISBN-13:
DOWNLOAD EBOOKPerhaps no kind of regulation is more common or less useful than mandated disclosure-requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Author: Preeti Choudhary
Publisher:
Published: 2013
Total Pages: 43
ISBN-13:
DOWNLOAD EBOOKWe survey the empirical literature on the determinants of firms' compliance with mandatory SEC disclosure rules. We begin with a discussion of the role of boards of directors, public accounting firms, and corporate attorneys in the preparation and review of mandatory disclosures. We then organize current research into three broad types of variation in compliance: completeness, timeliness, and readability. Our review highlights three interesting areas for future research: (1) studies that examine the relations between completeness, timeliness, and readability within the same research design, (2) studies that assess whether boards of directors, public accounting firms, and corporate attorneys view disclosure compliance as a general firm policy, and (3) studies that investigate the influence of corporate attorneys on mandatory disclosure, as well as studies of disclosure issues that require collaboration between auditors and corporate attorneys. As a first step to address the latter agenda, we investigate whether corporate attorneys affect disclosure and present evidence that corporate attorney fixed effects matter for mandatory disclosure compliance.
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher:
Published: 2010
Total Pages: 276
ISBN-13:
DOWNLOAD EBOOKThe "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
