The Origin of Ecgar

• Publication year: 2014

The Origin of ECGAR

Reuben Guttman

THE ORIGIN OF ECGAR

ECGAR's story begins with the financial crisis of 2008 where we were once again reminded that corporate misconduct—or at least the misconduct of those who guide corporations—has an impact reaching beyond shareholders. In the intervening years, other examples of corporate misconduct have surfaced. Federal and State False Claims Act settlements with some of the world's largest pharmaceutical manufacturers exposed facts demonstrating that through practices of misbranding and kickbacks, patients were given drugs for unapproved purposes or given drugs because of monetary inducement and not medical necessity. More recently, facts have surfaced indicating that one of the world's largest automobile manufacturers concealed material flaws in its ignition system rendering numerous cars unsafe.

In light of these events, the glaring need for a publication to explore the implications of corporate misconduct became apparent. We wanted to found a legal publication focusing not just on the nuts and bolts of corporate law but on broader relationships between corporations and their employees, consumers, neighboring land-owners and shareholders. Our goal is to inspire the broadest creative thought about the impact of the "corporate wake."

In developing our name, we decided on the Emory Corporate Governance and Accountability Review (ECGAR). The word "Accountability" underscores ECGAR's broader mission, part of which involves a focus on regulation and compliance enforcement in a global economy. Our ambition was for ECGAR to be a place where legal minds—practitioners, judges, academics and students—could come together to discuss pressing accountability questions. Questions such as: Are drug trials in China being used to secure U.S. Food and Drug Administration pharmaceutical indications and—if so—how does the FDA ensure the integrity of those trials? How does the U.S. Environmental Protection Agency monitor hazardous waste from cradle to grave as is mandated by the Resource Conservation Recovery Act (RCRA) when the regulated product is born abroad and shipped to the United States in "sea lands" that are downloaded at our ports of entry?

These compliance questions naturally implicate another ECGAR focal point: whistleblowers. With ECGAR's focus on whistleblowers, it is only fitting that a...