Misrepresentation Of Firm's Staff
Case 174
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Created
2026-02-13 21:36
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2026-02-13 21:36
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It was not unethical for Engineer Z to continue to represent Engineer X as an employee of Firm Y under the circumstances described.
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In recent years, the engineering profession much in the same manner as the legal and medical professions, has seen a virtual explosion of activities on the part of individual practitioners as well as firms to heighten their level of recognition in the eyes of prospective clients. Although some practitioners have attempted to resist the trend, it can be safely stated that a majority of engineering practitioners engage in some level of promotional activity in order to increase the visibility and activity of their firm. With the virtual elimination of legal as well as ethical proscriptions which for many years limited the ability of engineers and other professional groups to advertise, we have entered a "brave new world" where it often seems, "anything goes."
The Board has, in recent years, had occasion to consider a case similar to the instant case. In Case BER 83-1, Engineer A worked for Engineer B. Engineer B notified Engineer A that Engineer B was going to terminate Engineer A because of lack of work. Engineer A continued to work for Engineer B for several additional months after the termination notice. During that period, Engineer B distributed a previously printed brochure listing Engineer A as one of Engineer B's key employees, and continued to use the previously printed brochure with Engineer A's name in it well after Engineer B did in fact terminate Engineer A.
The Board ruled that it was not unethical for Engineer B to distribute a previously printed brochure listing Engineer A as a key employee providing Engineer B apprised the prospective client during negotiation of Engineer A's pending termination. The Board also ruled that it was unethical for Engineer B to distribute a brochure listing Engineer A as a key employee after Engineer A's actual termination. Interpreting the meaning of Section II.5.a, we noted that the words "pertinent facts" are those facts that have a clear and decisive relevance to a matter at hand. Another way to characterize pertinent ...
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Engineer X is employed by Firm Y, a medium-sized engineering consulting firm controlled by Engineer Z. Engineer X is one of a few engineers in Firm Y with expertise in hydrology, but the firm's work in the field of hydrology does not constitute a significant percentage of the firm's work. Engineer X, an associate with the firm, gives two weeks notice of her intent to move to another firm. Thereafter, Engineer Z, a principal in Firm Y, continues to distribute a brochure identifying Engineer X as an employee of the firm and list Engineer X on the firm resume.
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Created
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Was it ethical for Engineer Z to continue to represent Engineer X as an employee of Firm Y under the circumstances described?
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154
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A (BER 83-1) Brochure-Misrepresented Departing Engineer
Engineer A was terminated by Engineer B but continued to be listed as a 'key employee' in the firm's promotional...
Engineer Z Oversight-Negligent Firm Marketing Principal Engineer
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Engineer Z Credential-Misrepresenting Firm Principal Engineer
Engineer Z is the principal who controls Firm Y. After Engineer X gives two weeks notice, Engineer Z continues to...
Prospective Client Brochure-Relying Engineering Services Consumer
Prospective clients and members of the public who read Firm Y's brochure and firm resume reasonably rely on the...
Engineer X Brochure-Misrepresented Departing Engineer
Engineer X, an associate with hydrology expertise at Firm Y, gives two weeks notice of intent to move to another...
Oversight-Negligent Firm Marketing Principal Engineer
A principal engineer or firm leader who, without malicious intent, allows outdated or inaccurate personnel...
Prospective Engineering Services Client Relying on Firm Brochure
A prospective client or member of the public who evaluates and selects an engineering firm based on promotional...
Engineer B (BER 83-1) Credential-Misrepresenting Firm Principal Engineer
Engineer B terminated Engineer A but continued distributing brochures listing Engineer A as a key employee, both...
Prospective Clients of Engineer B's Firm Prospective Engineering Services Client Relying on Firm Brochure
Prospective clients who received Engineer B's brochure listing Engineer A as a key employee and may have relied on...
Prospective Clients of Firm Y Prospective Engineering Services Client Relying on Firm Brochure
Prospective clients who received Firm Y's brochure and resume listing Engineer X. The Board found that because...
10 entities
Principles
P
w=0.2
384D
Honesty Obligation in Engineering Firm Promotional Activities
The Board's entire analysis of both BER 83-1 and the present case is grounded in the honesty obligation applicable...
Marketing Communication Currency Obligation Applied to Firm Y Post-Departure
Firm Y bears an ongoing obligation to maintain accurate, current marketing materials; Engineer X's departure creates...
Expeditious Correction Obligation Triggered Upon Engineer X Departure
Engineer Z has actual knowledge of Engineer X's departure from the moment notice is given; this triggers an...
Notice-Period Conditional Permissibility Applied to Firm Y Brochure Distribution
Firm Y's continued distribution of existing brochures listing Engineer X during the two-week notice period is...
Engineer B BER 83-1 Notice Period Conditional Permissibility
In BER 83-1, the Board ruled that Engineer B's distribution of previously printed brochures listing Engineer A...
Oversight-Without-Malice Reduced Culpability for Engineer Z and Firm Y
The Board found that Engineer Z and Firm Y's continued listing of Engineer X after departure reflected inadvertent...
Transparency Obligation in Engineering Firm Marketing Communications
The Board's guidance that firms should employ errata sheets, cover letters, strike-outs, and reprints to correct...
Professional Accountability of Engineer Z for Firm Marketing Accuracy
As principal of Firm Y, Engineer Z bears professional accountability for the accuracy of the firm's marketing...
Engineer B BER 83-1 Key Employee Misrepresentation Violation
In BER 83-1, Engineer B's continued distribution of brochures listing Engineer A as a 'key employee' after...
Non-Prominent Personnel Listing Materiality Exculpation Principle
Professional honesty principle establishing that when an engineering firm's brochure or resume lists a departing or...
Notice-Period Brochure Distribution Conditional Permissibility Principle
Relational principle establishing that an engineering firm's continued distribution of existing printed brochures...
Honesty Obligation Invoked Against Engineer Z Brochure Distribution
Engineer Z's continued distribution of brochures listing Engineer X as a current employee after receiving two weeks...
Pertinent Fact Dual-Element Test Applied to Engineer Z Brochure Conduct
The Board applied the dual-element test - requiring both (1) that the listed information constitute a pertinent fact...
Brochure Personnel Currency Obligation Triggered by Engineer X Departure Notice
Upon receiving Engineer X's two-week notice, Firm Y and Engineer Z incurred an obligation to assess whether ongoing...
Non-Prominent Personnel Listing Materiality Exculpation Applied to Engineer X Listing
Because Engineer X's hydrology expertise does not constitute a significant percentage of Firm Y's work and Engineer...
Departed Engineer Credential Misuse Correction Obligation on Engineer X
Engineer X, upon giving notice and departing, bears an affirmative obligation to ensure Firm Y ceases representing...
Omission Materiality Threshold Applied to Firm Y Non-Disclosure of Engineer X Departure
Firm Y's failure to proactively disclose Engineer X's pending departure in every brochure distribution does not...
Oversight-Without-Malice Reduced Culpability Principle
Professional virtue principle establishing that when an engineering firm's inclusion of inaccurate or outdated...
Proactive Marketing Material Accuracy Assurance Obligation
Relational principle establishing that engineering firms using printed promotional materials as part of their...
Pertinent Fact Dual-Element Test Applied to Engineer X Listing
The Board applied the two-element test to Engineer Z's continued listing of Engineer X in Firm Y's brochure and...
Comparative Case Distinguishing BER 83-1 from Present Case
The Board systematically compared the present case to BER 83-1, identifying the material factual distinction -...
Expeditious Correction Obligation for Firm Y Marketing Materials
Despite not finding a violation, the Board emphasized that Firm Y and Engineer Z remained obligated to take...
Proactive Accuracy Assurance for Firm Y Printed Marketing Materials
The Board articulated a forward-looking obligation for engineering firms using printed promotional materials to take...
Non-Prominent Personnel Listing Materiality Exculpation for Engineer X
The Board applied the materiality exculpation principle to find that Engineer X's listing in Firm Y's brochure and...
24 entities
Obligations
O
w=0.15
384D
Key Employee Brochure Listing Violation by Engineer B in BER 83-1
Engineer B was obligated to refrain from distributing brochures listing Engineer A as a key employee after Engineer...
Post-Actual-Departure Brochure Prohibition Applied to Engineer B BER 83-1
Engineer B was absolutely prohibited from distributing promotional brochures listing Engineer A as a current key...
Departed Engineer Credential Misuse Correction Obligation on Engineer X
Engineer X, upon giving notice of departure and upon actually departing Firm Y, bore an affirmative obligation to...
Voluntary Resignation Notice-Period Non-Key-Employee Brochure Listing Conditional Permissibility Obligation
Obligation of an engineering firm principal to recognize that continued distribution of existing printed brochures...
Post-Notice-Period Non-Key-Employee Brochure Listing Expeditious Correction Obligation
Duty of an engineering firm principal who has continued distributing brochures listing a voluntarily departing...
Engineer Z Continued Brochure Distribution After Engineer X Notice - Non-Key-Employee Materiality Assessment
Engineer Z was obligated to conduct a case-by-case materiality assessment of whether continued distribution of Firm...
Engineer Z Pertinent Fact Dual-Element Test Application to Engineer X Brochure Listing
Engineer Z was obligated to evaluate whether the continued listing of Engineer X in Firm Y's brochure and firm...
Engineer Z Case-by-Case Brochure Misrepresentation Pertinence Assessment - Engineer X Departure
Engineer Z was obligated to conduct a case-by-case assessment of the totality of facts and circumstances surrounding...
Engineer Z Expeditious Correction Obligation Upon Engineer X Departure Notice
Engineer Z, upon receiving Engineer X's two-week notice of departure, acquired actual knowledge that Firm Y's...
Engineer Z Marketing Material Ongoing Accuracy Maintenance - Engineer X Personnel Currency
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Engineer X Departed Engineer Credential Misuse Correction Obligation - Firm Y Brochure
Engineer X, upon giving two weeks notice of departure from Firm Y, bore an affirmative obligation to take steps to...
Engineer Z Voluntary Resignation Notice-Period Non-Key-Employee Brochure Conditional Permissibility Assessment
Engineer Z was obligated to recognize that continued distribution of Firm Y's existing printed brochures listing...
Engineer Z Post-Notice-Period Non-Key-Employee Brochure Listing Expeditious Correction - Engineer X
Engineer Z was obligated, upon Engineer X's actual departure from Firm Y, to take expeditious corrective action to...
Inadvertent Brochure Inaccuracy Non-Condoning Expeditious Correction Obligation
Duty of an engineering firm and its principals to take expeditious corrective action to eliminate false impressions...
Printed Marketing Material Proactive Accuracy Assurance Obligation
Duty of engineering firms that use printed promotional materials as part of their marketing efforts to take...
Intent-and-Purpose Dual-Element Non-Satisfaction Non-Violation Recognition Obligation
Duty of an ethics adjudicator or engineering firm principal to recognize that when the facts of a promotional...
Pertinent Fact Dual-Element Test Applied to Engineer X Listing in Firm Y Brochure
Engineer Z and Firm Y were obligated to ensure that continued listing of Engineer X in promotional materials...
Non-Key-Employee Brochure Listing Contextual Permissibility Applied to Engineer X
Engineer Z and Firm Y were obligated to assess whether continued listing of Engineer X - a non-key employee whose...
Case-by-Case Pertinence Assessment Distinguishing BER 83-1 from Present Case
Engineer Z, Firm Y, and the ethics Board were obligated to conduct a case-by-case assessment of the totality of...
Expeditious Correction Obligation for Firm Y Post-Departure Marketing Materials
Despite not finding a violation, Engineer Z and Firm Y remained obligated to take expeditious corrective action -...
Errata Sheet Utilization Obligation for Firm Y Printed Brochures
Engineer Z and Firm Y were obligated to employ available low-cost correction mechanisms - including errata sheets,...
Printed Marketing Material Proactive Accuracy Assurance for Firm Y
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Oversight-Without-Malice Non-Condoning Inadvertent Inaccuracy Correction for Firm Y
Although the Board found that Engineer Z and Firm Y's continued listing of Engineer X reflected inadvertent...
Truthful Non-Deceptive Advertising Obligation Grounding Firm Y Brochure Analysis
Engineer Z and Firm Y were obligated to ensure that all promotional materials - including brochures and resumes...
Intent-and-Purpose Non-Satisfaction Non-Violation Recognition for Engineer Z Firm Y
The Board was obligated to recognize that because the facts of the present case failed to satisfy both elements of...
25 entities
States
S
w=0.1
384D
BER83-1 Engineer B Post-Termination Brochure Distribution
Engineer B's continued distribution of promotional brochure listing Engineer A as key employee after Engineer A's...
BER83-1 Engineer B Pre-Termination Brochure Distribution with Pending Notice
Engineer B's distribution of brochure listing Engineer A as key employee during the period after termination notice...
Firm Y Intent Assessment - Oversight vs. Enhancement
Ethical evaluation of Firm Y and Engineer Z's conduct in retaining Engineer X's name in promotional materials,...
Firm Y Brochure Continued Listing of Departed Engineer X
Firm Y's promotional materials and firm resume listing Engineer X as a current employee after her departure notice
Engineer X Notice of Departure
Engineer X's employment relationship with Firm Y
Engineer X At-Will Professional Mobility
Engineer X's legal and ethical freedom to depart Firm Y and join another firm
Three-Party Interest Balancing on Engineer X Departure
The competing interests of Engineer X (mobility), Firm Y/Engineer Z (business continuity and accurate...
Engineer X Hydrology Expertise Scarcity in Firm Y
Firm Y's internal distribution of hydrology competence concentrated in Engineer X
Engineer A Employment Terminated by Engineer B
Engineer A's post-employment status relative to Engineer B's firm
Engineer X Departure from Firm Y - Brochure Not Updated
Firm Y's continued inclusion of Engineer X's name in brochures and resumes after Engineer X's departure,...
Deregulated Engineering Advertising Environment
The legal and professional environment in which engineering advertising proscriptions have been eliminated, enabling...
11 entities
Resources
Rs
w=0.1
384D
Marketing Material Accuracy Correction Standard
Professional norms and ethical obligations requiring engineering firms to take reasonable and expeditious steps to...
BER Case 83-1
Cited as the primary analogical precedent for evaluating whether Firm Y's continued listing of Engineer X in...
NSPE Code of Ethics Section II.5.a
The specific code provision interpreted by the Board to determine whether Firm Y's inclusion of Engineer X's name in...
Firm Personnel Roster Accuracy Standard
Professional norms and ethical obligations requiring engineering firms to maintain accurate and current...
NSPE-Code-of-Ethics
Primary normative authority governing Engineer Z's obligation not to misrepresent firm personnel and qualifications...
Qualification-Representation-Standard
Governs Engineer Z's obligation to accurately represent firm personnel and capabilities; prohibits continued listing...
Misrepresentation-in-Business-Dealings-Standard
Governs Engineer Z's prohibition against making false or misleading statements about firm personnel status in...
BER-Case-Precedent-Firm-Personnel-Misrepresentation
Analogical precedents from the NSPE Board of Ethical Review addressing situations where firm principals...
Marketing Material Accuracy Correction Standard (BER Guidance)
Articulated by the Board as a normative standard for how engineering firms must handle discovered inaccuracies in...
Engineer-Departure-and-Competition-Ethics-Standard
Provides the ethical framework governing the departure context - Engineer X's two-weeks notice and transition to...
10 entities
Actions
A
w=0.1
384D
Engineer X Gives Notice
BER 83-1: Engineer B Distributes Brochure Post-Departure
Engineer Z Continues Brochure Distribution
Board Rules on BER 83-1 Notice Period
Board Finds Oversight Not Violation
Engineer Z Lists X on Resume
BER 83-1: Engineer B Distributes Brochure During Notice Period
Board Rules on BER 83-1 Post-Departure
8 entities
Events
E
w=0.08
384D
Notice Period Begins
Engineer X Departs Firm
Brochures Become Inaccurate
BER 83-1 Precedent Established
Oversight Finding Issued
Caution Norm Activated
6 entities
Capabilities
Ca
w=0.07
384D
Engineer B BER 83-1 Brochure Distribution Intent-and-Purpose - Violation Finding
Engineer B demonstrated the intent-and-purpose element of the violation by knowingly distributing brochures listing...
Engineer X Post-Departure Firm Brochure Personnel Listing Correction Initiation
Engineer X, upon giving two weeks notice of departure from Firm Y, bore an affirmative obligation to take steps to...
Non-Key-Employee Departure Notice-Period Brochure Conditional Permissibility Assessment Capability
Capability of an engineering firm principal to assess whether continued distribution of existing printed brochures...
Engineer Z Brochure Misrepresentation Case-by-Case Pertinence Calibration - Engineer X Non-Key Hydrology Associate
Engineer Z, as principal of Firm Y, required the capability to assess on a case-by-case basis whether continued...
Engineer Z Key-Employee vs Non-Key-Employee Brochure Listing Materiality Distinction - Engineer X
Engineer Z required the capability to distinguish between the listing of a departed key employee - which constitutes...
Engineer Z Pertinent Fact Dual-Element Misrepresentation Test Application - Engineer X Brochure Listing
Engineer Z required the capability to apply the two-part pertinent fact test - assessing (1) whether Engineer X's...
Engineer Z BER Dual-Precedent Brochure Personnel Misrepresentation Spectrum Triangulation - BER 83-1 vs BER 90-4
Engineer Z required the capability to triangulate between BER Case 83-1 (terminated key employee listed...
Engineer Z Marketing Material Ongoing Accuracy and Currency Maintenance - Engineer X Personnel Currency
Engineer Z, as principal of Firm Y, required the capability to maintain accurate and current marketing materials -...
Engineer Z Errata Sheet Expeditious Correction Mechanism Deployment - Engineer X Post-Departure Brochure
Engineer Z required the capability to identify and deploy low-cost, expeditious correction mechanisms - including...
Engineer Z Brochure Distribution Intent-and-Purpose Evidence Assessment - Engineer X Notice Period
Engineer Z required the capability to assess whether continued distribution of Firm Y's brochure listing Engineer X...
Engineer X Post-Departure Firm Brochure Personnel Listing Correction Initiation - Firm Y Brochure
Engineer X, upon giving two weeks' notice of departure from Firm Y, required the capability to take affirmative...
Engineer Z Brochure Reader Reasonable Expectation Modeling - Engineer X Personnel Listing
Engineer Z required the capability to model the reasonable expectations of prospective clients who read Firm Y's...
Engineer Z BER Multi-Precedent Brochure Personnel Misrepresentation Synthesis - Engineer X Case Resolution
Engineer Z required the capability to retrieve, analyze, and synthesize BER precedent cases addressing engineering...
Inadvertent Oversight vs. Intentional Misrepresentation Ethical Distinction Capability
Capability of a licensed professional engineer, firm principal, or ethics reviewer to distinguish between (a)...
Engineering Profession Advertising Liberalization Contextual Awareness Capability
Capability of a licensed professional engineer and ethics evaluator to recognize that the engineering profession has...
Firm Marketing Logistical Constraint Ethical Non-Excuse Recognition Capability
Capability of a licensed professional engineer and firm principal to recognize that while the logistical and...
Engineer Z Brochure Misrepresentation Case-by-Case Pertinence Calibration
Engineer Z possessed the capability to assess, on a case-by-case basis, whether the continued listing of Engineer X...
Engineer Z Pertinent Fact Dual-Element Misrepresentation Test Application - Engineer X Brochure
Engineer Z was required to apply the two-part test for Section II.5.a violations - assessing both whether Engineer...
Engineer B BER 83-1 Pertinent Fact Dual-Element Test - Key Employee Violation
Engineer B lacked or failed to exercise the capability to correctly apply the dual-element test, distributing...
NSPE BER Brochure Personnel Misrepresentation Spectrum Triangulation - BER 83-1 vs Present Case
The NSPE BER demonstrated the capability to triangulate between BER Case 83-1 (key employee listed post-termination...
Engineer B BER 83-1 Key-Employee Brochure Listing Materiality - Violation Finding
Engineer B failed to exercise the capability to recognize that listing Engineer A as a key employee after...
Engineer Z Brochure Distribution Intent-and-Purpose Evidence Assessment - Engineer X Departure
Engineer Z needed to assess whether the continued distribution of Firm Y's brochure listing Engineer X was motivated...
Engineer Z Errata Sheet Expeditious Correction Mechanism Deployment - Post-Departure Brochure
Engineer Z was obligated to deploy available low-cost correction mechanisms - including errata sheets, cover...
Firm Y Marketing Material Accuracy and Currency Maintenance - Engineer X Personnel Listing
Firm Y and Engineer Z bore an ongoing obligation to maintain accurate and current marketing materials, including the...
Engineer Z Inadvertent Oversight vs. Intentional Misrepresentation Ethical Distinction - Engineer X Case
The Board demonstrated the capability to distinguish Engineer Z's inadvertent oversight (no malicious intent, no...
NSPE BER Advertising Ethics Historical Evolution Awareness - Brave New World Context
The NSPE BER demonstrated awareness of the historical evolution of engineering advertising ethics - from strict...
Engineer Z Firm Marketing Logistical Constraint Ethical Non-Excuse Recognition
Engineer Z needed to recognize that while the logistical challenges of maintaining accurate printed brochures are...
Prospective Clients of Firm Y Brochure Reader Reasonable Expectation Modeling
Firm Y and Engineer Z needed to model the reasonable expectations of prospective clients who read the firm's...
NSPE BER Advertising Ethics BER Precedent Corpus Navigation - BER 83-1 Retrieval and Application
The NSPE BER demonstrated the capability to navigate the BER precedent corpus on advertising ethics, retrieving BER...
29 entities
Constraints
Cs
w=0.08
384D
Logistical Difficulty Non-Excuse for Marketing Correction Delay - Engineer Z Firm Y Brochure
Engineer Z cannot rely on the logistical difficulty or cost of reprinting Firm Y's brochures as a justification for...
Key Employee Status Materiality Threshold Applied to Engineer X Departure
Engineer Z and Firm Y were constrained to assess whether Engineer X's departure triggered the heightened...
Non-Key-Employee Departure Brochure Listing Materiality Threshold Constraint
Ethical constraint establishing that when a departing engineer is not a 'key employee' - i.e., their expertise does...
Hydrology Scarcity Non-Key-Employee Brochure Listing Proportionality Constraint
Ethical constraint establishing that even where a departing engineer possesses specialized expertise (such as...
Post-Departure Key Employee Brochure Distribution Prohibition - Engineer Z Firm Y Engineer X
Engineer Z is prohibited from continuing to distribute Firm Y's brochure and firm resume listing Engineer X as a...
Notice-Period Brochure Personnel Prospective Client Appraisal - Engineer Z Engineer X Departure
During the two-week notice period after Engineer X gave notice of departure, Engineer Z is constrained - if...
Pertinent Fact Dual-Element Misrepresentation Test - Engineer Z Brochure Listing Engineer X
Engineer Z's continued listing of Engineer X in Firm Y's brochure and firm resume must be evaluated against both...
Marketing Material Accuracy and Currency Maintenance - Engineer Z Firm Y Brochure Post-Notice
Engineer Z bears an ongoing obligation to maintain accurate and current marketing materials for Firm Y, including...
Low-Cost Correction Mechanism Proportional Deployment - Engineer Z Firm Y Engineer X Departure
Engineer Z is constrained to deploy available low-cost correction mechanisms - including errata sheets, cover...
BER Precedent Intent-Differentiated Misrepresentation Severity Calibration - Engineer Z Firm Y Oversight vs. Enhancement
The ethical assessment of Engineer Z's continued distribution of brochures listing Engineer X must be calibrated to...
At-Will Employment Symmetry Competitive Mobility - Engineer X Departure from Firm Y
Engineer X's departure from Firm Y to join another firm is ethically permissible under the at-will employment...
Tripartite Departure Interest Balancing Framework - Engineer X Firm Y Engineer Z
The ethical assessment of Engineer X's departure and Engineer Z's subsequent brochure conduct must balance three...
Non-Key-Employee Departure Brochure Listing Materiality Threshold - Engineer X Hydrology Non-Significant Percentage
Because Engineer X's hydrology expertise does not constitute a significant percentage of Firm Y's work, Engineer Z's...
Hydrology Scarcity Non-Key-Employee Brochure Listing Proportionality - Engineer X Firm Y
Although Engineer X is one of a few engineers in Firm Y with hydrology expertise, making that expertise scarce...
Non-Principal Employee Departure Competitive Conduct Proportionality - Engineer X Associate Status
As an associate (non-principal) of Firm Y, Engineer X is held to a somewhat less stringent standard regarding...
Key Employee Status Materiality Threshold Brochure Listing Constraint
Ethical constraint establishing that the ethical permissibility of continued listing of a departing engineer in firm...
Specialty Practice Percentage Non-Significance Brochure Listing Permissibility Constraint
Ethical constraint establishing that where a departing engineer's area of specialty does not constitute a...
Inadvertent Marketing Inaccuracy Non-Condoning Expeditious Correction Constraint
Ethical constraint establishing that even where an engineering firm's continued listing of a departed engineer in...
Errata Sheet Reasonable Period Correction Deployment Constraint
Procedural and ethical constraint requiring that engineering firms that use printed promotional materials -...
Deregulated Advertising Context Ethics Non-Elimination Constraint
Ethical constraint establishing that the virtual elimination of legal and ethical proscriptions on engineering...
Pertinent Fact Dual-Element Test Applied to Engineer X Firm Y Brochure Listing
Engineer Z and Firm Y were constrained by the requirement that both elements of the pertinent-fact misrepresentation...
Specialty Practice Percentage Non-Significance Applied to Engineer X Hydrology Expertise
Engineer Z and Firm Y were constrained to assess whether hydrology - Engineer X's area of specialty - constituted a...
BER 83-1 Intent-Differentiated Calibration Applied to Engineer Z Firm Y Oversight Finding
The Board was constrained to calibrate its violation finding to the degree of intent demonstrated by Engineer Z and...
BER 83-1 Factual Distinguishability Non-Automatic Application to Engineer X Case
The Board was constrained to conduct a rigorous factual comparison between BER Case 83-1 and the present case before...
Engineer Z Firm Y Inadvertent Inaccuracy Non-Condoning Expeditious Correction Obligation
Despite the Board's finding of no violation, Engineer Z and Firm Y were constrained to take expeditious corrective...
Errata Sheet Reasonable Period Deployment Constraint Applied to Firm Y Brochures
Engineer Z and Firm Y were constrained to deploy errata sheets, cover letters, strike-outs, or reprints within a...
Marketing Material Accuracy and Currency Maintenance Applied to Firm Y Personnel Listings
Engineer Z and Firm Y were constrained by an ongoing obligation to maintain accurate and current marketing materials...
Deregulated Advertising Context Ethics Non-Elimination Applied to Firm Y Promotional Conduct
Engineer Z and Firm Y were constrained by the full force of NSPE Code non-deception and truthfulness obligations in...
Notice-Period Key Employee Pending Departure Prospective Client Appraisal Applied to BER 83-1 Engineer B
Engineer B was constrained, during the period after Engineer A received termination notice but before actual...
Post-Departure Key Employee Brochure Distribution Prohibition Applied to BER 83-1 Engineer B
Engineer B was absolutely prohibited from distributing promotional brochures listing Engineer A as a key employee...
Logistical Difficulty Non-Excuse Marketing Correction Applied to Firm Y Brochure Correction Obligation
Engineer Z and Firm Y were constrained from using the logistical difficulties of brochure distribution, printing...
31 entities
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