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Atty. Vivian T. Dabu
Ateneo-Regis, AGSB, Clark
   a consideration given or
    offered to an employee by
    a person outside the firm
    with the understanding
    that, when the employee
    transacts business for the
    firm, the employee will
    deal favorably with that
    person or that’s person’s
    firm.
   occurs when an employee
    demands a consideration
    from persons outside the
    firm as a condition for
    dealing favorably with those
    persons when the employee
    transacts business for the
    firm.
   may or maybe unethical
   if the agent does not give favored treatment to those
    from whom the agent accepts gifts and is not
    prejudiced against those who fail to give a gift, no
    actual conflict of interest is created.
   a potential conflict of interest however may exist
    and the act may encourage a practice that in some
    instances becomes an actual conflict of interest or
    that may be subtly affecting the independence of a
    person’s judgment.
   What is the value of the gift?
    ◦ Is it substantial enough to influence one’s
      decisions?
   What is the purpose of the gift?
    ◦ Is it intended or accepted as a bribe?
   What are the circumstances under which
    the gift was given?
    ◦ Was it given openly?
    ◦ Was it given to celebrate a special event
      (Christmas, a birthday, a store opening)?
                                 Vincent Barry, Moral Issues in Business, pp. 237-238
   What is the position of the recipient of the gift?
    ◦ Is the recipient in a position to influence his own
      firm’s dealings with the giver of the gift?
   What is the accepted business practice in the
    area?
    ◦ Is it part of an open and well-known industry
      practice?
   What is the company’s policy?
    ◦ Does the company forbid acceptance of gifts?
   What is the law?
    ◦ Is the gift forbidden by a law?

                                    Vincent Barry, Moral Issues in Business, pp. 237-238
   appropriating, taking or
    using the resources or
    properties of the
    employer for his own use
    or benefit without the
    consent of the rightful
    owner.
   unauthorized
    examination, use or
    copying of computer
    information or program.
   The right to exclusive use of the asset
   The right to decide whether and how others may
    use the asset
   The right to sell, trade or give away the asset
   The right to any income generated by the asset
   The right to modify or change the asset.

    To usurp any of the rights that attach to property,
    including the rights pertaining to use, is a form of
    property theft and is, therefore, unethical.
                   Proprietary information consist of
    non-            public information that:

    ◦ concerns a company’s own activities,
      technologies, future plans, policies, or records
      and that if known by competitors would
      materially affect the company’s ability to
      compete commercially against those
      competitors;
    ◦ is owned by the company (although it might not
      be patented or copyrighted) because it was
      developed by the company for its private use
      from resources it owns or was purchased for its
      private use from others with its own funds; and
    ◦ the company indicates through explicit
      directives, security measures, or a contractual
      agreement with employees that is does not want
      anyone outside the company to have that
      information.
   Have their employees signed contracts agreeing
    not to work for competitors for 1 or 2 years after
    leaving the company
   Continuing remuneration or future retirement
    benefits in exchange for their not revealing
    proprietary information

   A company’s right to keep informa
    tion secret is not absolute, but must
    be balanced against the legitimate
    rights of others.
 The act of buying and selling a company’s
  stock on the basis of “inside” information
  about the company.
 Inside or insider information about a
  company is proprietary information about a
  company that is not available to the general
  public outside the company, but whose
  availability to the general public would have a
  material or significant impact on the price of
  the company’s stock.
   Anyone is guilty who trades in stock knowingly
    using stolen, private information that can affect
    the stock’s price, that is, anyone who knowingly
    buys or sells stock using information that they
    know was acquired by a person who had a duty to
    keep that information confidential.
   1.Insider trading brings the      1.The information that the
    market price of the                insider trader uses does not
    company’s stock equivalent         belong to him but to the
    to the true underlying value       shareholders-owners.
                                      2.Insider trading is harmful
    of the stock.                      to everyone in the market
   2.Insider trading does not         and to society in general as it
    harm anyone, but benefits          tends to reduce the size of
    those who sell stocks to him       the market and increases the
    or others later.                   costs of buying and selling
                                       stocks in the market.
   3.Insider trader has no           3.The information advantage
    unfair advantage over others       of the insider is unfair or
    since many of the people           unjust as it comes from
    who buy and sell stocks on         stealing the fruits of
    the stock market have more         someone else’s labor or
    or better information than         resources (the company’s
    others.                            owners).
 It violates stockholder’s rights
 It is based on an unjust
  informational advantage
 It harms society’s overall utility




   In short, it violates our standards of
    rights, justice, and utility.
 Velasquez, Manuel G., Business Ethics:
  Concepts and Cases, 6th edition
 Images from google.com
 Others as noted in the corresponding slides

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Conflicts of Interest, Gifts, and Insider Trading

  • 1. Atty. Vivian T. Dabu Ateneo-Regis, AGSB, Clark
  • 2. a consideration given or offered to an employee by a person outside the firm with the understanding that, when the employee transacts business for the firm, the employee will deal favorably with that person or that’s person’s firm.
  • 3. occurs when an employee demands a consideration from persons outside the firm as a condition for dealing favorably with those persons when the employee transacts business for the firm.
  • 4. may or maybe unethical  if the agent does not give favored treatment to those from whom the agent accepts gifts and is not prejudiced against those who fail to give a gift, no actual conflict of interest is created.  a potential conflict of interest however may exist and the act may encourage a practice that in some instances becomes an actual conflict of interest or that may be subtly affecting the independence of a person’s judgment.
  • 5. What is the value of the gift? ◦ Is it substantial enough to influence one’s decisions?  What is the purpose of the gift? ◦ Is it intended or accepted as a bribe?  What are the circumstances under which the gift was given? ◦ Was it given openly? ◦ Was it given to celebrate a special event (Christmas, a birthday, a store opening)? Vincent Barry, Moral Issues in Business, pp. 237-238
  • 6. What is the position of the recipient of the gift? ◦ Is the recipient in a position to influence his own firm’s dealings with the giver of the gift?  What is the accepted business practice in the area? ◦ Is it part of an open and well-known industry practice?  What is the company’s policy? ◦ Does the company forbid acceptance of gifts?  What is the law? ◦ Is the gift forbidden by a law? Vincent Barry, Moral Issues in Business, pp. 237-238
  • 7. appropriating, taking or using the resources or properties of the employer for his own use or benefit without the consent of the rightful owner.
  • 8. unauthorized examination, use or copying of computer information or program.
  • 9.
  • 10. The right to exclusive use of the asset  The right to decide whether and how others may use the asset  The right to sell, trade or give away the asset  The right to any income generated by the asset  The right to modify or change the asset.  To usurp any of the rights that attach to property, including the rights pertaining to use, is a form of property theft and is, therefore, unethical.
  • 11. Proprietary information consist of non- public information that: ◦ concerns a company’s own activities, technologies, future plans, policies, or records and that if known by competitors would materially affect the company’s ability to compete commercially against those competitors; ◦ is owned by the company (although it might not be patented or copyrighted) because it was developed by the company for its private use from resources it owns or was purchased for its private use from others with its own funds; and ◦ the company indicates through explicit directives, security measures, or a contractual agreement with employees that is does not want anyone outside the company to have that information.
  • 12. Have their employees signed contracts agreeing not to work for competitors for 1 or 2 years after leaving the company  Continuing remuneration or future retirement benefits in exchange for their not revealing proprietary information  A company’s right to keep informa tion secret is not absolute, but must be balanced against the legitimate rights of others.
  • 13.  The act of buying and selling a company’s stock on the basis of “inside” information about the company.  Inside or insider information about a company is proprietary information about a company that is not available to the general public outside the company, but whose availability to the general public would have a material or significant impact on the price of the company’s stock.
  • 14. Anyone is guilty who trades in stock knowingly using stolen, private information that can affect the stock’s price, that is, anyone who knowingly buys or sells stock using information that they know was acquired by a person who had a duty to keep that information confidential.
  • 15. 1.Insider trading brings the  1.The information that the market price of the insider trader uses does not company’s stock equivalent belong to him but to the to the true underlying value shareholders-owners.  2.Insider trading is harmful of the stock. to everyone in the market  2.Insider trading does not and to society in general as it harm anyone, but benefits tends to reduce the size of those who sell stocks to him the market and increases the or others later. costs of buying and selling stocks in the market.  3.Insider trader has no  3.The information advantage unfair advantage over others of the insider is unfair or since many of the people unjust as it comes from who buy and sell stocks on stealing the fruits of the stock market have more someone else’s labor or or better information than resources (the company’s others. owners).
  • 16.  It violates stockholder’s rights  It is based on an unjust informational advantage  It harms society’s overall utility  In short, it violates our standards of rights, justice, and utility.
  • 17.  Velasquez, Manuel G., Business Ethics: Concepts and Cases, 6th edition  Images from google.com  Others as noted in the corresponding slides