Saturday, July 27, 2019
Business law Essay Example | Topics and Well Written Essays - 500 words - 28
Business law - Essay Example McDonald (McDonald 840) suggests that to fulfill fiduciary responsibilities in providing investment advice, one must (a) put the clientââ¬â¢s interests first, (b) act in utmost good faith, (c) provide full and fair disclosure of all material facts, (d) not mislead clients, and (e) divulge all conflicts of interest to clients (McDonald 840). This article recommends the film Inside Job as an effective teaching tool for illustrating the ethical issues that surrounded the global financial crisis of 2008 and the subsequent economic downturn (McDonald 840). The study discusses issues such as the revolving door, conflicts of interest, fiduciary duty, executive compensation, and financial regulation. The presentation of each ethical issue comprises suggested questions, background information, and guides to specific sections of the film. An overview of the film is provided as well (McDonald 840). Whether the investment firms that sold CDOs had a fiduciary duty has been the focus of both congressional hearings and legal proceedings. This section of the film focuses largely on the activities of Goldman Sachs and whether its representatives violated the concept of fiduciary duty in selling CDOs to their clients (McDonald 840). In addition to selling CDOs that Goldman Sachs obviously believed were of suspect quality, the firm took positions from which it would clearly benefit given a collapse in the CDO market. Goldman Sachs executives argued that they were simply satisfying the brokerage or market-making function by facilitating the buying of CDOs and did not have a fiduciary responsibility (McDonald 840). . Whereas the film clearly blames Goldman Sachs for failing to protect its clientsââ¬â¢ interests, this situation is not trivial. Legendary investor McDonald (McDonald 840) notes that, while a broker has a definite responsibility not to lie, he or she does not owe
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