Read The Times Australia

Daily Bulletin

CEOs emerge unscathed by environment lawsuits

  • Written by: The Conversation Contributor

Images of environmental damage caused by large corporations certainly stir public outrage; but new research shows that the chief executives of companies sued for environmental wrongdoing commonly suffer little reputational damage.

Every corporation has a legal personality in the eyes of the law, which means it can be sued just like any individual person. However, unlike a person, a corporation cannot think or act of its own accord. Its actions are controlled by the chief executive officer and directors responsible for making its decisions.

So when a corporation is accused of breaching the law, it raises an intriguing question: does the CEO – the brain behind the corporate machine – suffer personal penalties for the company’s alleged wrongdoing?

We investigated this issue in the context of the US market, examining the change in CEO reputation following over 9,900 US Federal Court lawsuits filed between 2000 and 2007.

The findings, now published in the Journal of Contemporary Accounting and Economics, show that CEOs face more grim re-employment prospects in the wake of contractual lawsuits; whereas following intellectual property disputes, CEOs of sued companies – far from being penalised – tend to receive more invitations to join outside boardrooms.

Market-based penalties for executives of sued companies is an important issue. Serious violations of the law can attract civil lawsuits or criminal prosecutions against the individual officers. However, financial penalties in civil lawsuits could be covered by the CEO’s directors and officers (D&O) liability insurance, resulting in limited out-of-pocket expense to the CEO.

Criminal prosecutions are rare as they require a higher standard of proof. Given these limitations in the legal penalties for corporate executives, researchers have turned their attention to market-based penalties – those imposed by the collective actions of corporations in the executive labour market.

Until now, the reputational flow-on effects in relation to environmental lawsuits has been unknown.

CEO reputation unimpeded by environmental lawsuits

Motivated by the case of BP’s CEO Tony Hayward, who lost his job after an unprecedented public backlash over the Gulf of Mexico oil spill in 2010, our six-year research project has examined the repercussions of environmental lawsuits on the CEOs of the sued companies.

Since losing his job as the CEO of BP following the Deepwater Horizon oil spill, Hayward continues to experience negative publicity. His new job appointment as the Chairman at Glencore Xstrata in 2014 – four years after his departure from BP – was fraught with opposition from shareholders.

But this appears the exception. We found no evidence that CEOs are punished by market-based reputational damage following environmental allegations, regardless of whether they retain their CEO positions or leave the sued companies.

The research evidence shows that CEOs, in general, survive environmental lawsuits with their reputations unharmed and their career prospects unimpeded.

These sobering findings raise concerns over corporate environmental responsibility. Despite the increasingly scrupulous corporate rhetoric in recent years, there is no evidence to suggest that individual CEOs are punished by impaired reputation, when their companies have been embroiled in environmental allegations.

BHP and Samarco – a case closer to home

The collapse of a dam at the Samarco mine in Brazil last year, killing 17 people, amply illustrates the significant and potentially catastrophic impacts that large corporations can have on communities. The mine was a joint venture between BHP Billiton and Brazilian resources giant, Vale.

Our research cannot shed light on the fate awaiting BHP’s CEO, Andrew Mackenzie; our work is based on US evidence, whereas the joint venture owners are currently facing lawsuits in the Brazilian jurisdiction. However, if Anglo-Australian corporations react in the same way as their US counterparts, then it would not be surprising, based on these research findings, to see no significant reputational consequences for the CEO following the environmental allegations.

Looking into the Future

Whether Australian corporations do exhibit the same reactions as US companies would be an interesting question.

Given the shift in public opinion around climate change-related issues and the importance of environmental protection, corporate responses to allegations of environmental violations may have evolved accordingly since 2007, which marked the end of the sample period in this study.

Further research will provide new evidence as to whether corporations today remain as unresponsive to environmental allegations as they appeared to be some nine years ago. In the absence of market-based penalties for CEOs, there would be a serious question about whether sufficient disincentives are in place to deter environmental violations.

Authors: The Conversation Contributor

Read more http://theconversation.com/ceos-emerge-unscathed-by-environment-lawsuits-55504

Business News

Reducing Sales Friction Through Centralized Content Delivery

Sales friction appears whenever buyers or sales teams face unnecessary obstacles in the buying journey. It can happen when information is hard to find, when messaging feels inconsistent, when product ...

Daily Bulletin - avatar Daily Bulletin

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...