Case Study Business Ethics Corporate Governance

Analysts and investors began to publicly cool on Tesla and question its long-term value, which Musk also attributed to short sellers.In May, citing independence concerns and questioning whether Musk may be stretched too thin, proxy advisory giants Glass, Lewis & Company (Glass Lewis) and Institutional Shareholder Services, Inc.(ISS) opposed the re-election of current Tesla board members and supported splitting Musk’s roles as CEO and chairman.

Much of the initial reporting surrounding Musk’s tweets questioned whether the use of his personal Twitter account violated Reg FD.

Reg FD, which took effect in 2000, prohibits selective disclosure by requiring that material nonpublic information disclosed to securityholders or market professionals (including research analysts) must also be disclosed to the public in a broad, non-exclusionary manner.

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Most public companies typically adopt formal policies regarding compliance with Reg FD (as well as the use of social media by their employees and executives).

Case Study Business Ethics Corporate Governance

A strong Reg FD policy should contain: Companies should also address the use of social media by their employees and executives, whether in their Reg FD policies or in separate social media guidelines that cover both personal social media use and social media use as an authorized company spokesperson.Musk’s tweets are also an extreme, yet useful, example of why casual social media use and disclosure of material nonpublic information should not be mixed.Section 10(b) of the Exchange Act prohibits material misstatements and omissions of fact, and companies must always avoid making disclosures in informal social media posts that lack material information or the context necessary for investors to be fully informed.If a company decides that there is material information that should be disclosed to the public, it must then determine when that information must be disclosed.Information should only be disclosed when it is definitive, accurate, clear, and specific. Google(); req('single_work'); $('.js-splash-single-step-signup-download-button').one('click', function(e){ req_and_ready('single_work', function() ); new c. Find ethics case studies on bribery, sourcing, intellectual property, downsizing, and other topics in business ethics, corporate governance, and ethical leadership.Musk’s erratic behavior and obsession with short sellers and critics drew more criticism of his leadership and that of Tesla’s board of directors.But it all came to a head on August 7, when in the middle of the trading day, without notice or warning to anyone (including other executives and directors at Tesla or contacts at Nasdaq, the exchange on which Tesla’s common stock is listed), Musk tweeted: Then, for reasons still unknown, nobody took his phone away, and Musk continued tweeting and interacting with shareholders throughout the day: The public reaction to Musk’s tweets was strong and immediate.This post is based on a Practical Law article by Mr. As at least one journalist phrased it, “Elon Musk is Tesla. Perhaps no company in the world has the perception of its brand being tied to one person more than Tesla Inc.

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