Massey Mining: Beyond Regulations

Massey Energy Co. owned the mine in West Virginia where 29 minors were killed in an explosion in 2010. Faulty water nozzles failed to stop a spark from setting a pocket of methane gas on fire, which in turn led to an explosion of coal dust. Other safety violations, such as not cleaning up extra coal dust, contributed to the accident too. While it is unfortunately not unusual for managers to cut corners on regulations, the attitude evinced at Massey may point to a deeper problem in how some companies view law itself--as an obstacle to be overcome rather than constrained by. 

Emergency vehicles head to the Massey explosion in which 29 miners were killed.   AP

The full essay is at "Massey Mining."

Sanctity of Contract Breached on Mortgages

An audit in 2012 by San Francisco county officials of about 400 foreclosures “determined that almost all involved either legal violations or suspicious documentation. . . .  The improprieties range from the basic — a failure to warn borrowers that they were in default on their loans as required by law — to the arcane. For example, transfers of many loans in the foreclosure files were made by entities that had no right to assign them and institutions took back properties in auctions even though they had not proved ownership. . . . About 84 percent of the files contained what appear to be clear violations of law, it said, and fully two-thirds had at least four violations or irregularities.”[1] The problem seems to be systemic, suggesting that judges should be able to modify mortgages on the basis of nullified contract.

The full essay is in Cases of Unethical Business, available in print and as an ebook at Amazon.com.  

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1. Gretchen Morgenson, “Audit Uncovers Extensive Flaws in Foreclosures,” The New York Times, February 16, 2012.

A Structural Conflict of Interest inside BP

Mark Bly, BP’s head of safety and operations, released an internal report on September 7, 2010 blaming not only the company, but also its partners for the Deepwater Horizon rig explosion and oil spill. A spokesman at Transocean quickly lashed out, calling it a “self-serving report” that minimized what was critical: BP’s “fatally flawed” well design.[1] Behind the self-serving aspect was a larger conflict of interest—one premised on the structure of two functions: an “objective” investigation and efforts to minimize legal damages.

The full essay is at Institutional Conflicts of Interest, available at Amazon.

1. NBC News, "Transocean: BP Probe 'Self-Serving' and Misleading," September 8, 2010.