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Powers of attorney on any matter.
List of banks or other lenders with whom a financial relationship exists
Credit agreements, debt instruments, security agreements, mortgages, financial or performance guaranties, indemnifications, liens, equipment leases or other agreements evidencing outstanding loans
List of major clients and their locations.
Litigation with Summary of disputes with suppliers, competitors, or customers Decrees, orders or judgments of courts or governmental agencies or settlement documentation.
A management organization chart with biographical information
List of negotiations with any group seeking to become the bargaining unit for any employee
All employment and consulting agreements, loan agreements and documents
e: Legal Due Diligence Checklist
Upon completion of the review associated with the Legal Due Diligence Checklist this memo is to provide our recommendation against an investment in the Newco Company with the rationale of the recommendation.
First and foremost, we found through the application of the legal due diligence…
The School of Public Health provides mastery in the skills necessary to analyze and address critical and endemic health issues and its determinants. Indeed, the importance of mastery in epidemiology and community-based health-outcomes research techniques is critical to achieving improvements in outcomes measurement. Research skills obtained through intensive coursework is specific to career goals that engage and improve diverse under-served populations.
The program provides exceptional preparation using an interdisciplinary methodology. A function of effective public health field research includes demanding statistical and epidemiological coursework; aimed to provide the scientific knowledge applicable to improving the environmental conditions and health status of populations experiencing the greatest disparities and deficiencies in health potential. The training opportunities available in the program provide tremendous preparation to venture into the field and perform community-based studies to improve environmental conditions and health-outcomes for the most vulnerable. This is to include women and children living in poverty, aboriginal…
It is highly unlikely that they would become involved with illegal activities knowingly. However, the complicated nature of compliance risk and the high expectations within the banking industry make it possible that some legal manner might be overlooked.
Chief Compliance Officers are at particular risk due to the nature of their position and should be increasingly diligent to maintain a proper understanding of the expectations of compliance. Additionally, Chief Compliance Officers and the operations department should be aware of the current weaknesses within their own AML programs.
In an effort to minimize these risks, HSBC Bank USA has recognized the need for more purposeful measurement and management of compliance risk.
Legal and operational risk can quickly and efficiently hamper the activities of any bank. However, it is reputational risk that poses the greatest risk to HSBC Bank USA. Banks that are associated with money laundering, terrorism, and criminal activity in…
Bagla, Deepak, and Vinay Mendonca. "Anti-Money Laundering: Payments Filtering." HSBC's Guide to Cash and Treasury Management in the Asian Pacific. 2006. 13 January 2007 .
Bank Compliance: Controlling Risk and Improving Effectiveness. Economist Intelligence Unit, June 2006. 13 January 2007 .
Banking Department Enters Into Written Agreement with HSBC Bank USA. 30 Apr. 2003. 13 January 2007 .
Beaumier, Carol M. "Auditing anti-money-laundering compliance: insufficient transaction testing, inadequate testing of automated monitoring systems and deficient follow-up are typical shortcomings.(Regulatory Outlook)." Bank Accounting & Finance 19.1 (Dec 2005): 31(4). Expanded Academic ASAP. Thomson Gale. Denver Public Library. 12 Jan. 2007 .
Newco Construction and investing with due diligence
According to the Internet dictionary Investopedia, the legal contractual concept of 'due diligence' from an investor's point-of-view is simply the "care" in which "a reasonable person should take before entering in an agreement or transaction with another party," such as when considering an investment on the part of a venture capitalist. ("Due Diligence," Investopedia, 2005) A due diligence audit is performed of a corporation, to confirm all material facts in regards to an investiture of capital, such as one that is currently being performed of the Newco Construction Company, to mitigate the risks of investing capital and to ensure that full disclosure of all company assets and potential problems are made aware to both parties involved, both the investors and the company's board of directors. Such an audit was performed of Newco Construction, and the company seems to pass all tests of the…
"Due Diligence." (2005) Investopedia. Retrieved from Internet Investment Law Dictionary on 25 Aug 2005
http://www.investopedia.com/terms/d/duediligence.asp 'Due Diligence." (2005). Black's Law Dictionary. Retrieved from GLR, the Global Law Review on 25 Aug 2005
Newco Construction. (2005) Official Company Website. Retrieved on 25 Aug 2005
International Safety Management
ISM safety code
Acting as a mandatory regulation, ISM Code usually lays down standards of shipowner's responsibility for safe management of ships and pollution prevention accepted internationally. The obligation of the shipment owner is to establish, maintain as well as implement a Safety Management System that is to meet the ISM Code's requirements.
The aspects of civil liability's impact is to be focused on the impact on liability of shipowner for cargo loss or damage, in addition to shipowner's legal right to limit his liability for claims. Some of the concepts such as seaworthiness, actual fault and privity, crew's negligence, the role of the designated person and recklessness with knowledge are to be considered. There has already been a change in the conditions in terms of policies that meet the requirement of the ISM Code through Hull and Machinery (H & M) underwrites and protection…
Gold, E (1996). 'Lessons in Corporate Responsibility: Learn From Disaster?' The
ISM Code Implementation in Practice- Corporate Risk: BIMCO Shipping Courses
Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, pg 15-18.
Levy, H (1996). 'The P & I Club -- How do the clubs evaluate the ISM Code'. The ISM Code Implementation in Practice -Corporate Risk: BIMCO Shipping Courses: Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, 15-18).
"That ye be not slothful, but followers of them who through faith and patience inherit the promises," (Hebrews 6:12). The promises referred to in the Bible include spiritual gifts like wisdom, and also the gifts of material abundance and fecundity. The Bible teaches that laziness, or sloth, is incompatible with wisdom or success. Moreover, the Bible teaches that only foolish people are lazy and slothful, because they allow themselves to be distracted by desires. The person who is distracted does not work, and when a person does not work, he or she cannot eat. "The desire of the sluggard kills him, for his hands refuse to labor," (Proverbs 21:25). Hands that refuse to labor are naturally hands that cannot provide food to sustain the body, let alone spiritual nourishment for the soul.
Thus, the Bible makes the connection between laziness and foolish desires. It is desire that causes laziness,…
Bible: English Standard Version; King James Version
Oceana Group Limited is a company listed in Johannesburg and Namibia stock exchanger. The company is in the food and beverage industry with core business being fishing as well as allied services sector. The company is engaged in the catching, processing as well as the procurement of various marine species such as pilchard, redeye, sardine anchovy, lobster, herring, tune, horse mackerel as well as hake. Other deep-see species also form their specialty. Their products are prepared and then sold via local and international marketing channels. Additionally, the company provides fruit handling as well as cold storage facilities at an extensive level (Oceana,2011). The company operates via various divisions, subsidiary stakeholders as well as companies.
The South African-based firm engages in the catching, preparing for sale and procuring different fish products in South Africa.It also deals in canned fish products. The company's market capitalization was valued at ZA 3113 million or…
Glamis Research Institute (2010). Oceans Group Limited
Glamis Research Institute (2010b).Food and Beverage Industry
iegele indicates that "employers often wish to know whether they are entitled to contact an applicant's references and what obligations they may have in this regard. ith respect to obtaining consent to contact such references, it is accepted that an applicant who lists references on a job application or resume is implicitly consenting to a prospective employer contacting and obtaining information from those references. Similarly, it is generally accepted that an applicant who lists former employers is deemed to be giving consent to have those employers contacted for references." (iegele, p. 3)
This speaks to the fundamental condition in the relationship between employer and prospective employee. The latter must make available willingly certain information that would otherwise be considered private and protected. This is part and parcel to the process of attempting to gain employment and provides the prospective employer with avenues to determine the suitability of the individual…
Draper, H. (2012). Facebook Privacy Issues Arising in Hiring Process. Biz Journals.
Fleischer, M. (2010). A Legal Landmine: Privacy Issues in the 21st Century. Med Team Support Staffing.
Forster, E. & Garakani, G. (2007). Critical Issues in the Hiring Process. Blaney McMurtry Barristers & Solicitors, LLP.
Waggott, G. (2011). Law Note -- Pre-Hiring Background Checks. McMillan.ca.
Activity Studies found common features high-performing health departments manage diabetes. These departments include receiving external funding programming, a -management education program recognized American Diabetes Association, partnership opportunities.
While obesity and obesity-related complaints such as Type II diabetes are a problem all over the United States, in my home state of Georgia, the condition has been of particular, growing concern. According to the Centers for Disease Control (CDC), "64.8% of adults were overweight, with a Body Mass Index of 25 or greater" and "29.6% of adults were obese, with a Body Mass Index of 30 or greater" in the state (Georgia's response to obesity, 2012, CDC). Even more worrisome, amongst adolescents who should be at the most active stage of their lives, "14.8% were overweight (>85th and < 95th percentiles for BMI by age and sex) 12.4% were obese (>95th percentile for BMI by age and sex)" (Georgia's response to obesity,…
Rivard, P. (2003). Accountability for patient safety: A review of cases, concepts, and practices.
Massachusetts Coalition for the Prevention of Medical Errors. Retrieved: http://www.macoalition.org/Initiatives/docs/Accountability%20LitReview%20Final_Rivard_new%20copyright.pdf
old, living away from home for the first time in an apartment in San Diego when I decided to attend college and maintain myself in an apartment without taking any financial assistance from my parents. Since I was not a California resident I had the additional expense of paying out-of-state tuition. I had a football scholarship that would pay fifty-percent of my tuition but I needed a job to pay my living expenses and the remaining tuition.
Although the time required for school and football was a fulltime job in itself, my financial needs said I needed to work between thirty and thirty five hours per week to make ends meet. With that as my motivation, I took a job at Federal Express as a package handler on the graveyard shift.
The summer before starting my sophomore year of college, just two weeks before the beginning of football camp in…
Using my newfound knowledge I spent three months doing intensive rehab in the swimming pool and in lifting soup cans for weights. At the end of that time, I gained enough use of my arm to be able to work in a restaurant. Meanwhile I continued my rehabilitation for an additional eight months.
During that time of rehab and unemployment, I resided in the comfort of my 1966 VW Bug. I lived off my savings, ate canned goods, and showered at the pool after two workouts a day. Living in my VW Bug for eleven weeks and two days was an experience that will shape my life forever. It taught me the importance of resilience, humility, diligence, and the power of optimism. I know now that life gives us many obstacles we do not expect or want, but it is not what is dealt to us that is important. It is how we deal with what we are given.
I learned how to handle many obstacles at the same time and perform all to the best of my ability. I found I can handle and even appreciate adversity at different times, and sometimes at the same time, while maintaining the tenacity and vision to accomplish daily responsibilities and pursue future goals. Having learned those things will serve me well in a career with the FAA.
OHS Act and egulations that are applicable to the hospitality industry
The legal instruments
Approved codes of practice
Legal responsibility of employers to worker
Consequences of non-compliance by the employer
The hospitality industry has a responsibility of establishing safe as well as healthy environments for both the workers and patrons. This category includes food and beverage restaurants, clubs, hotels, commercial kitchens, accommodation as well as tourist enterprises. It is the shared responsibility of the employers and the employees to promote a very safe, healthy and secure work environment that effectively minimizes the risks of harm to all people within any given business establishment. The Australian Government, through the Occupational Health and Safety Act 2000 (NSW) is proactive in the promotion of workplace safety (Foster,2010).
Sections of the OHS Act and egulations that are applicable to the hospitality industry
According to WorkCover (2003), the sections of the OHS Act and…
Comcare (2012). Occupational Health and Safety Code of Practice 2008
ComCare (2009). Safety at Work -- Your responsibilities as an employer:A guide to the laws covering health and safety in commonwealth workplaces http://www.comcare.gov.au/__data/assets/pdf_file/0010/40978/Safety_at_work_OHS_60_Feb_09.pdf
Foster, N (2010).Personal Corporate Officer Liability under the Model Work Health and Safety Bill. Working Paper 73
Non Linear Pro-is a company that sells editing equipment. Recently, the company was involved in a transaction that involved the lease of equipment to Quick Text Video on a trial basis. Before the purchase, the sales representative for NonLinear Pro and the company manger for Quick Text Video discussed the pros and cons of the product. The salesman indicated that the system would be up and running within a day in a half of delivery and that it would be twice as fast as the current system in use at Quick Text Video. The system was delivered, including a delivery document for the signature of the recipient. The document included a lease agreement for three months.
Quick Text Video attempted to use the equipment for two weeks. However, it was not performing properly for a number of reasons, the first and most obvious of which was that the promise of…
Managing Dynamic Environments ADDITION
Effectively managing complex information technology projects is predominantly an exercise in precision and planning, but the best project managers know that adaptability is often the best way to mitigate the risk factors posed by dynamic environments. Adhering to a company's most recently issued mission statement is often the primary priority of top managers and executives, and with the fluid nature of modern organizational structures, outdated or obsolete projects reflecting prior mission statements may still be on the company's proverbial books. In this instance, competent managers are expected to identify projects which do not reflect the company's current mission statement, either adapting them to ensure compliance across all project parameters, or terminating the project's progress in an effective and efficient fashion. A recent article published by the prestigious International Journal of Project Management focused its analysis on the role that dynamic environments, which are typified by a…
Collyer, S. (2009) Project management approaches for dynamic environments. International Journal of Project Management, 27 (4), p.355-364. Available at: http://espace.uq.edu.au/eserv/UQ:175094/Project_Management.pdf [Accessed: 11th Feb 2013].
Schwalbe, K. (2011) Information technology project management. Boston: Course Technology
Extracorporeal Membrane Oxygenation is a procedure that allows for the oxygenation of a patient through the use of an external machine. Oxygen is required in order to keep a body healthy and alive. The definition of oxygenation is the amount of oxygen in the bloodstream of a patient. If the oxygen level drops below 90% a condition called hypoxemia occurs. Hypoxemia can be very serious and if not addressed within a short period of time can be fatal. Hypoxemia is diagnosed through cyanosis (the skin turning blue). Patients being treated with the EMCO procedure are usually longer-term patients (3-10 days) as compared to the short-term patients who receive a standard cadriopulmonary bypass which is a support that usually only lasts for a number of hours (not days).
According to odriguez-Cruz et al. The purpose of the ECMO is "to allow time for intrinsic recovery of the lungs and…
Adhikari, N.K.; Burns, K.E.; Friedrich, J.O.; Granton, J.O.; Cook, D.J.; Meade, M.O.; (2007). Effect of nitric oxide on oxygenation and mortality in acute lung injury: systemic review and meta analysis, BMJ; Vol. 334, pp. 779.
Bastin, A.J. & Firmin, R.; (2011) Extracorporeal membrane oxygenation for severe acute respiratory for failure in adults: NICE guideance, Heart, Vol. 97, Issue 20, pp. 1701-1703
Berryman, S.; (2010) Extracorporeal membrane oxygenation in a Scottish intensive care unit, Nursing in Critical Care, Vol. 15, Issue 5, pp 262 -- 268
Brower, R.G. & Krishnan, J.A.; (2000) High frequency ventilation for acute lung injury or acute respiratory distress syndrome, Chest; Vol. 118, pp. 795 -- 807.
Leadership at Sea and Seven Habits of Highly Effective Sailors
The irony is unavoidable. I began reading Seven Habits of Highly Effective People when I was feeling at my least effective, personally, as a human being and as a child. I suppose I'm not alone in saying this, though. The fact of a parent's death makes every child feel ineffective, unable to cope with family grief and stress, as well as forced to face one's own mortality and "principles of personal vision." (1) The loss of a father makes it easy to lose one's sense of a future perspective, and the vision one has of one's self in a family and a societal context.
However, I was also, when I began the book, feeling quite ineffective as a leader as well. Because of my father's death in mid-August, I had to leave my ship and came home to tend to…
Covey, Stephen R. Seven Habits of Highly Effective People. New York: Simon and Schuster, 1999.
Managers may engage in fraudulent activities by selling company information or details of customers. The manager improperly accesses the company's it system to alter values for citation issued. raud is an illegal activity, and the manager that is choosing the bribing vendor over the other vendors is just very wrong. "Most commonly used types of bribes are cash, travel and entertainment rewards," as noted by Dillon (2008, p. 37). Once the it managers are affiliated with the unscrupulous vendors, the vendors do not need to be concerned about remaining competitive because they will be almost certain to be awarded new contracts or continuations of existing contracts, and they may even raise the prices that are charged to the organization in order to cover the costs of paying off the managers, a practice that is particularly commonplace in larger organizations. In this regard, Dillon (2008) adds that, "In very large firm…
Financial crisis pertaining outsourcing it projects
Fraud can affect organizations in a number of negative ways, including diminished bottom-line profits, negative publicity and the erosion of customer goodwill and shareholder confidence (Neural Technologies- the Home of Risk Management, 2010). An increasingly prevalent practice involves so-called "phantom vendors" that persuade purchasing managers that they offer they most competitive prices for superior products and services. Phantom vendors may even convince purchasing managers that they are already working with other large it firms and have a proven track record of reliability and trustworthiness. Without exercising due diligence early on, purchasing managers may be swayed by such presentations and award a bid (Podgor & Ellen, 1999). Once the bid is approved, the phantom vendors demand a hefty down payment and then simply disappear with their profits. Another version of phantom vendor fraud that can have enormous financial implications for it firms involves the purchasing managers themselves. In some cases, purchasing managers have fabricated vendors on paper and awarded contracts to these firms. Thereafter, invoices are processed as normal but the purchasing manager pockets the profits and the organization never receives the contracted goods or services (Podgor & Ellen, 1999).
Yet another way purchase managers can become involved in fraudulent practices involved product substitution. In those cases where vendors have paid bribes to purchasing managers to secure a contract, they may attempt to cover their costs by providing organizations with inferior goods or services that do not meet the contract specifications. In the case of software vendors, they may provide software that is replete with errors and technical difficulties to the extent that it is unusable. A vendor that involves in fraudulent activity means his business is also not in
Limitations of the Research or Gaps
A Critical Analysis of the usiness Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late…
Adams, M, 'Australian corporate law reform or evolution,' ALRS 1 (2012) [1-10].
Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Co.
Byrne, M, 'Do directors need better statutory protection when acting on the advice of others?,' (2015), 21 Australian Journal of Law [238-257].
Commonwealth Corporations Act 2001, Section 180.
Because the home country is not required to reimburse foreign depositors for losses, there is no corresponding financial penalty for lax supervision; there is, though, a benefit to the country with lenient regulatory policies because of increased revenues generated and the employment opportunities these services provide (Edwards 1999). Furthermore, banks seeking to conduct multinational business are attracted to countries where incorporation laws and the regulatory framework offer less regulatory oversight (Edwards 1999). The quid pro quo nature of offshore financial services is clearly indicated by Edwards's observation that, "Multinational banks provide the offshore financial centre with increased tax revenue and employment for its citizens. Because the benefits outweigh the costs, offshore financial centres have a powerful incentive to maintain lenient regulatory policies. As a result, multinational banks incorporated in an offshore financial center successfully avoid supervision by an effective home country regulator" (1999, p. 1267). Given the scope of the…
Black's Law Dictionary. (1999). St. Paul, MN: West Publishing Co.
Boise, C.M. & Morriss, a.P. (2009). 'Change, Dependency, and Regime Plasticity in Offshore Financial
Intermediation: the Saga of the Netherlands Antilles.' Texas International Law Journal, vol. 45,
no. 2, pp. 377-379.
It can also be reasonably concluded that the implied representation induced Client to purchase the watch as he would not have paid $12,500.00 for a watch that was a fake. As the watch was not a real Beckham watch, but instead a cheap copy, Seller's representation that she had an Akers Silver Lady watch was a false representation about a material fact which induced Client to act in reliance thereon. Thus, the first and third elements of fraud are satisfied.
The second element of Seller's knowledge of the false representation will be more difficult to establish. Client will argue that this element is satisfied for a number of reasons. First, Client will contend that Seller had prior actual knowledge that the watch was not a real Beckham and will have to prove this through the evidence, such as testimony from her friends or relatives that she knew its actual value.…
Most ecently, Entepeneu magazine named Libety Tax Sevice #50 on its list of Fastest Gowing Fanchises (May 2003). In 2003, Entepeneu magazine named Libety #50 on its annual Fanchise 500, and #15 on its list of Top Low-Cost Fanchises fo 2003 in its Be You Own Boss issue.
With nothing as cetain as taxes, what othe industy offes the pepetual poduct of tax pepaation, and a gowing maket even in sluggish economic times? Moe people pay taxes annually with an inceasing numbe willing to pay a pepae to do thei taxes. Unlike many industies, the tax industy aena has been dominated fo ove 40 yeas by only one majo competito, H&R Block.
It's ou goal to bing in fanchisees of high calibe, who ae motivated to gow with us as we each the pinnacle of the industy. Libety will exploe all financing options to bing the best candidates into ou…
references. New menu items, improvements in operations, building remodels and equipment changes are tested in company restaurants and not released to the system until they are proven successes.
Innovation and creativity are central to Golden Corral and reflected in the company's statement of beliefs, which
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…
third party supply industry. The first one highlights on the appropriate size for companies within the third party supply chain. The second one is on XPO Logistics which is a third party logistics firm. These two articles show what the third party logistics industry is all about. This paper is a summary of two articles within the supply distribution dealing with frozen products mainly beef manufacturing products. The paper will show how the third party distribution chain works and should be in different companies. The third party supply industry involves a company supports goods in their warehouse and the warehouse sells these goods to other retailers or restaurants but these restaurants are not aware of their suppliers.
An example of a third party supply company is Macca's supply chain. The organization uses a supply chain model that is based on a culture of partnership and collaboration. This makes it possible…
Alagh, A. (2013). Third Party Due Diligence -- What Can We Learn From The Horse Meat Scandal Engulfing Europe? Retrieved September 17, 2014 from https://www.executiveboard.com/blogs/third-party-due-diligence-what-can-we-learn-from-the-horse-meat-scandal-engulfing-europe/
MacDonald's Australia. (2014). Retrieved September 17, 2014 from Meet the suppliers.
A b) Fire, unless caused by the actual fault or privity of the carrier.
Perils, dangers and accidents of the sea or other navigable waters.
A d) Act of God.
A e) Act of war.
A f) Act of public enemies.
A g) Arrest or restraint of princes, rulers or people, or seizure under legal process.
A h) Quarantine restrictions.
A i) Act or omission of the shipper or owner of the goods, his agent or representative.
A j) Strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general.
A k) Riots and civil commotions.
A l) Saving or attempting to save life or property at sea.
A m) Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
A n) Insufficiency of packing.
A o) Insufficiency or inadequacy of marks.
Hakan, Karan (2005) the Carrier's Liability Under international Maritime Convention - the Hague, Hague-Visby and Hamburg Rules. Mellen Press. Online available at http://www.mellenpress.com/mellenpress.cfm?bookid=6235&pc=9
Reynolds, Frances (1990) the Hague Rules, the Hague-Visby Rules, and the Hamburg Rules. 7 MLAANZ Journal. Online available at http://www.austlii.edu.au/au/journals/ANZMLJ/1990/2.pdf
Tetley, William QC (2004) Interpretation and Construction of the Hague, Hague-Visby and Hamburg Rules. 2994 10 Jiml 30-70. Online available at http://www.mcgill.ca/files/maritimelaw/rulesinterpretation.pdf
The Hague-Visby Rules - the Hague Rules as Amended by the Brussels Protocol 1968 multilateral Lex Mercatoria www.lexmercatoria.org. Accessed online at http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html
In recent years, particularly during the height of the high technology boom, the number of mergers and acquisitions skyrocketed to unparalleled heights. Acquisitions and mergers provide companies with financial benefits from items such as new products and technologies as well as enhanced productivity in the form of additional employees. However, acquisitions and mergers often impose changes, both expected and unexpected, on both companies and employees. In order for an acquisition or merger to be successfully completed and executed, both companies and employees need to be acclimated to the acquisition or merger and the challenges it presents.
This paper analyzes and examines the multitude of issues related to acquisitions of one company by another. Part II outlines a strategy to motivate employees for the change. In Part III, the issues expected to arise are discussed. Part IV discusses the human elements that arise out of an acquisition.
Leading Through Uncertainty to Success." Retrieved at http://www.managementfirst.com/articles/acquisition.htm on December 7, 2002.
Reduce the Risks of Mergers and Acquisitions With Buyer's Due Diligence on Company Management." Retrieved at http://www.buyersduediligence.com/index.phpon December 7, 2002.
The SHRM Foundation." Retrieved at http://www.shrm.org/foundation/default.asp?page=bookpromo.html on December 7, 2002.
The concept of Marine insurance is something that has been developing at a fast rate of late. (Marine Insurance: Barlow, Lyde and Gilbert) What exactly is insurance and how long has the concept been recognized? Insurance can be defined as a form of provision of a safety net for the distribution of risks. This is generally made in the form of a financial provision that is meant to protect against losses that may occur due to certain unavoidable reasons. Insurance works like this: a person who wishes to insure an object or possession or belonging of his will pay a certain amount of money that has already been fixed by the insurance agent in order to offer the security of the money to distribute the risks when the insurer happens, by misfortune, to lose his possession or damage it because of an unavoidable reason. The insurer, by the…
Admiralty Law.com" Retrieved at http://www.admiraltylaw.com/papers/2000.htm. Accessed on 19 September, 2004
Averagium" Retrieved at http://harvey-ashby.co.uk/Averagium%20-%20Winter%202002.pdf. Accessed on 19 September, 2004
Commercial Hull" (2004) Retrieved at http://www.veromarine.co.nz/dirvz/marine/marine.nsf/content/ProductsHullCommercialHullAccessed on 19 September, 2004
English Marine Insurance Act 1906" Retrieved at http://www.solarnavigator.net/english_marine_insurance_act_1906.htm . Accessed on 19 September, 2004
Mergers & Acquisitions
One of the more fascinating and complex part of corporate news and maneuvering is when companies engage in mergers and acquisitions as a means to further their growth, development and diversification. This report shall look at two companies in particular, those being Mattel and Texas Instruments. After conducting a thorough literature review, questions about both firms will be posed and answered. While there is more than one way to launch a takeover or acquisition bid for a firm, there are some ways and methods that are better than others.
Mattel Case Study
Now that the literature relative to mergers and acquisitions has been properly sampled and queried, it should now be ascertained what the answers are to the questions described in the introduction, with Mattel being the first firm addressed. Mattel has proven themselves to be concerned with branching out and modernizing their product mix and feel…
Alexandridis, G., Petmezas, D., & Travlos, N. (2010). Gains from Mergers and Acquisitions Around the World: New Evidence. Financial Management, 39(4), 1671-1695. http://dx.doi.org/10.1111/j.1755-053x.2010.01126.x
Bhagwat, V., Dam, R., & Harford, J. (2016). The Real Effects of Uncertainty on Merger Activity. Review Of Financial Studies, 29(11), 3000-3034. http://dx.doi.org/10.1093/rfs/hhw061
Brealey, R., Cooper, I., & Kaplanis, E. (2009). Excess Comovement in International Equity Markets: Evidence from Cross-border Mergers. Review Of Financial Studies, 23(4), 1718-1740. http://dx.doi.org/10.1093/rfs/hhp104
Bris, A., & Cabolis, C. (2008). The Value of Investor Protection: Firm Evidence from Cross-Border Mergers. Review Of Financial Studies, 21(2), 605-648. http://dx.doi.org/10.1093/rfs/hhm089
.....project management approach is increasingly becoming popular in today's workplace. Organisations are ever more recognising the benefits of accomplishing tasks and activities as projects -- better task coordination, quicker task execution, and so on (Larson et al., 2013). The author's organisation, a renewable energy firm with operations in Australia and beyond, has particularly been shifting to the project management approach in recent years. The organisation is currently interested in acquiring or merging with a suitable rival to improve its market share and competitive advantage. The merger or acquisition process is often not an easy undertaking. It requires proper planning and execution. With the application of project management concepts, however, the process can be easier. This report analyses the relevance of various project management concepts to the merger or acquisition process. Attention is particularly paid to the project environment, project definition, time and cost estimation, project plan, risk management, resource scheduling,…
PENALTIES - CIVIL & CIMINAL
There are statutes that impose penalties both civil and criminal for government contractors who commit fraud, waste or abuse. Some of those statutes are as follows:
False Claims Act;
False Statements Act;
Bribery and Gratuities statutes;
Mail and Wire Fraud statutes; and the Public Integrity Act and recent legislative initiatives to strengthen criminal penalties for violations of conflict of interest laws. (Peckar & Abramson, 2007)
The government has the right to audit the records of the contractor for up to three years following a contract for the government being completed. Companies with contracts exceeding $5 million are required to: (1) post a fraud hotline poster; (2) establish a written code of ethics; (3) establish an employee ethics and compliance training program; and (4) establish an internal control system. (New ule for Government Contractors, nd)
SUMMAY & CONCLUSION
The Corporate Compliance Plan…
This is significant, because it is illustrating how the act is giving all nonprofits the chance to be in compliance with: various provisions of the law the moment a particular organization has been added to the list. As a result, the arrests and the activities of law enforcement that are directed at these groups is Constitutional. This based on the premise that they are supporting terrorism by: continually ignoring these distinctions that have been made. At which point, they should be subject to arrest and prosecution under the law.
In this aspect, the decision will have an impact on number of different stakeholders. As far as institutions / groups are concerned, this will have a positive impact for law enforcement and the intelligence community. The reason why is because, they can use the decision as way to effectively target those individuals that are providing any kind of support for…
"Case Detail." WLF, 2010. Web. 18 Jun. 2011.
"Empirical," The Free Dictionary, 2011. Web. 18 Jun. 2011
Holder v. Humanitarian Law Project." Brennan Center, 2009. Web. 18 Jun. 2011.
"Holder v. Humanitarian Law Project." Law Notes, 201. Web. 18 Jun. 2011.
Additionally, the 3rd party relationship that Naturewise has ostensibly agreed to is also critical. Naturewise is not directly affiliated with any organization to which CHICAE has maintained alliances to.
The decentralization of the departmental activity essentially means that the organization has decided to fund non-profits like CHICAE rather than to directly deal with the communities-based charities directly. Therefore, the lack of control Naturewise Apparel has over the oversight of the activities of any organization that will receive funding from their philanthropy is subject to the ability the outsourced solution, in this case, CHICAE.
The resolution to this issue is best resolved by not hesitating with the press and to tackle the issue head on. The case study includes experts that rant about not speaking until the story is proven, etc. The resolution is to convey that, when pressed the acts of violence are deemed horrid by Naturewise Apparel and are…
Augustine, N.R., Thomas, R.J., Hill, L. Smith, N.C., & Quelch, J.A. (2000). Harvard Business Review on crisis management Boston, MA: Harvard Business School Press
In this case, that power dynamic was only exacerbated by the fact that the entire MSICU nursing team had never received training in management of the type of clinical issues presented and by the fact that they were excluded from any consultation in connection with a post-operative management plan.
Therefore, it is recommended that the institution immediately implement a policy of "see something, say something" according to which all members of healthcare teams are encouraged to speak up irrespective of power differentials. Furthermore, that protocol must include a statement of policy insulating any member of a healthcare team who does voice a legitimate concern in good faith from any retaliation or other negative response that could conceivably deter such diligence. Finally, the record of this case also indicates the immediate need for protocols requiring all members of the healthcare team to identify themselves to other members of the team, especially…
Bosk, Charles L. (2003). Forgive and Remember: Managing Medical Failure.
Gawande, Atul. (2008). Better: A Surgeon's Notes on Performance.
Groopman, Jerome. (2008). How Doctors Think.
Timmermans, Stefan. (2003). The Gold Standard: The Challenge of Evidence-Based
Failures of Merger
Failure of Mergers
The objective of this study is to examine why it is that most mergers fail and will provide real-life examples of the failure of mergers. Toward this end, this work will examine relevant literature in this area of study and specifically academic and professional literature and publications that are peer-reviewed in nature. The work of Weber and Camerer (2003 ) entitled "Cultural Conflict and Merger Failure: An Experimental Approach" reports that most mergers fail and that failure occur "on average in every sense: acquiring firm stock prices tend to slightly fail when mergers are announced; many acquired companies are later sold off; and profitability of the acquired firm is lower after the merger." (Weber and Camerer, 2003) There is a great deal of conflict reported during the process of a merger that results in a high rate of turnover." Disappointment was expressed by participants…
Chiriac, Irina Sandu case (2011) Mergers -- Success or Failure? CES Working Papers, III  2001. Retrieved from: http://www.cse.uaic.ro/WorkingPapers/articles/CESWP2011_III1_SAN.pdf
Cross-Border Mergers & Acquisitions: Reducing the Risk of Failure (nd) Communicaid,. Retrieved from: http://www.communicaid.com/access/pdf/library/culture/Cross-Border%20Mergers%20&%20Acquisitions_Reducing%20the%20Risk%20of%20Failure.pdf
Dumon, Marv (2008) Biggest Merger and Acquisition Disasters. Investopedia. Retrieved from: http://www.investopedia.com/articles/financial-theory/08/merger-acquisition-disasters.asp
Elwin, Toby (2010) Mergers and Acquisitions Failures are Project Management Failures. 30 November, 2010. Retrieved from: http://www.amajorc.com/blog/mergers-and-acquisitions-failures-are-project-management-failures
Policy Case Study
The author of this report has been asked to act as a consultant for a major security consulting firm. Contained within this report will be several topics that were requested to be covered and thus they will be with the appropriate amount of vigor and detail. The first topic will be a brief overview of the overall legal environment for non-information technology managers when it comes to things like constitutional law, administrative law, civil law, criminal law, due care, due diligence and overall fiduciary duty. Another major topic that will be covered is the applicable information security laws and practices. Next up will be the impact of policies, regulations and laws when it comes to the information security sphere. The next topic, and a very controversial one in the eyes of many, is the Central Intelligence Agency including is practices, what has been in the news about…
ABA. (2015). What Are the Limits of Employee Privacy? | Solo, Small Firm and General
Practice Division. Americanbar.org. Retrieved 10 June 2015, from http://www.americanbar.org/publications/gp_solo/2012/november_december2012pr
DHS. (2004). Information Security Governance - A Call To Action. Department of Homeland Security. Retrieved 10 June 2015, from https://www.dhs.gov/sites/default/files/publications/csd-informationsecuritygovernance-acalltoaction-2004.pdf
In the first-round survey, a majority of investors cited diversification as their main objective in allocating to hedge funds. Among the second-round interviewees who were planning to increase their target allocations by 10% or more, half named diversification as the motivating factor. Among the approximately one in ten who were planning to decrease allocations by at least 10%, concern with a lack of transparency was the most frequently cited reason.
(4) Institutions are thinking and acting as long-term investors. While almost a quarter of second-round interviewees said they have liquidated some investments or plan to do so, overall the investors surveyed showed no inclination toward a long-term exodus from hedge funds. This is understandable, considering that 93% of all interviewees said they make hedge fund investments with a time horizon of at least three years, and more than half have a time horizon of five years or more.
Cumming, Douglas and Dai, Na (2008) Capital Flows and Hedge Fund Regulation. SSRN Journal. Online available at: http://ssrn.com/abstract=1026683 .
Dawn, Ralph and Young, Chuck (2009) Testimony before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises before the House of Representatives (2009) Orice M. Williams, Director of the Financial Markets and Community Investment. GAO Report. Online available at: http://www.gao.gov/htext/d09677t.html
Glovin and Scheer (2008) Madoff Charged in $50 Billion Fraud at Advisory Firm. Bloomberg.com. Online.
Hedge Funds Under the Microscope: Examining Institutional Commitment in Challenging Times. Greenwich Associates. Online available at: http://cdn.rsys1.net/ig.rsys1.net/responsysimages/seic/__RS_CP__/SEI_ HFs%20Under%20Microscope_Overview.pdf
'" (oolman, Chapter 3).
Franklin's Autobiography, in contrast, is a tale not of submission, but self-realization -- Franklin even absconded from the tyrannical rule of his brother to begin his own enterprise because the young Franklin was determined not to bend to what he saw as a tyrant's rule. Some of his advice in "The ay to ealth" echoes oolman's in spirit, like the advice to avoid fancy dress: "you are about to put yourself under such tyranny, when you run in debt for such dress! Your creditor has authority, at his pleasure, to deprive you of your liberty," Franklin advises (Franklin, "The ay to ealth," 1758). But the purpose of such avoidance is not spiritual salvation through material denial, but to pursue "The ay to ealth" by avoiding going into debt.
Rather than trusting in God's Providence, Franklin trusts in his own efforts. Perhaps Poor Richard's most radical theological…
Franklin, Benjamin. The Autobiography. Archiving Early America. 23 May 2003. http://www.earlyamerica.com/lives/franklin/chapt1/
Franklin, Benjamin. "The Way to Wealth." 1758. Swarthmore College. 23 May 2003. http://www.swarthmore.edu/SocSci/bdorsey1/41docs/52-fra.html
Woolman, John. "The Journal of John Woolman." 23 May 2003. http://www.strecorsoc.org/jwoolman/w03.html#1
NPSAS was the only study in 1996 that encompassed the people who enrolled in the for-profit institutions which is why not even the very basic criteria of the for-profit sector and its educational setup has been well-recognized (reneman, Pusser and Turner 2000; Chung, 2006).
The confirmation that the students who had some sort of shortcoming whether in the financial sector, minority aspect or admittance-timeline factor were the ones who mainly enrolled in the for-profit educational institution was made by Apling and Aleman in a study they conducted in 1990, and Lee and Merisotis in a study they conducted in the same year which were also then matched by Phipps et al. (2000) and JL Associates (2004).
Grubb was the only researcher who, in the year 1993, explored and assessed the influence and affect of the concept of the industrial market proceeds in relation to the non-profit institutions and education. He…
Altheide, D.L., & Johnson, J.M. (1994). Criteria for assessing interpretive validity in qualitative research. In N.K. Denzin & Y.S. Lincoln (Eds.), Handbook of qualitative research (pp. 485-99). Thousand Oaks, CA: Sage.
Apling, R. & Aleman, S. (1990). Proprietary schools: a description of institutions and students. (Report No, 90-428EPW). Washington, DC.: Library of Congress, Congressional Research Service.
Apling, R. (1993). Proprietary schools and their students. Journal of Higher Education 64:4, pp. 379-416.
Barone, T.E. (1992). Beyond theory and method: A case of critical storytelling. Theory into Practice, 31(2), 142-146.
For that reason, a logistic related PE in Hong Kong in our case may find it challenging to align itself with certain standards embraced either in the United States or Western Europe in regard to due diligence.
It is also important to note that for the logistic related PE, general partner returns variability is yet another risk factor. It can be noted that for the eight years preceding 2005, Asia's fund returns variance was relatively higher in comparison to the U.S. And Western Europe variance (INSEAD 2010). While the variance in the U.S. And Europe stood at 15% and 13% respectively, Asia's fund returns variability was registered as 23%. Though this could be driven partly by manager-selection skills, such a selection could turn out to be an uphill task for such a logistic related PE given the nature of the market.
It may also be prudent to note that according…
INSEAD (2010). INSEAD -- AXA Private Equity Survey of Top LPs and GPs in Asian Private Equity. Retrieved January 8, 2012, from INSEAD website: http://www.insead.edu/facultyresearch/centres/global_private_equity_initiative/publications/documents/INSEADAsiaPESurvey.pdf
INSEAD (2010). Asian Private Equity (A): The Quest for Return. Retrieved January 8, 2012, from INSEAD website: http://www.insead.edu/facultyresearch/centres/global_private_equity_initiative/publications/documents/AsianPrivateEquity-A-TheQuestforReturn.pdf
Ganga Pharmaceuticals is a multinational Indian corporation that competes in the manufacturing of pharmaceuticals and related research and development with annual revenues of about $285 million. The company features one of the largest biotechnology parks in India and currently employs around 7,000 employees globally. In recent years, Ganga has acquired a number of companies in Europe and the United States, including C-Pharma, which was acquired in 2003 for approximately $17.2 million. As part of this acquisition, the human resources division at Ganga sought to align the newly acquired C-Pharma with the parent company, but met with mixed success due to some missteps in its administration of the transition. To determine where the company went wrong and what steps could have been taken to avoid these adverse outcomes, this study provides a review of the relevant literature in two parts. The first part provides an overview of Ganga, its operations strategy,…
Brewster, C. & Harris, H. (1999). International HRM: Contemporary issues in Europe. New York: Routledge.
Budhwar, P.S., Varma, A., Katou, A.A. & Narayan, D. (2009). The role of HR in cross-border mergers and acquisitions: the case of Indian pharmaceutical firms. Multinational Business Review, 17(2), 89-91.
Ncube, L.B. & Wasburn, M.H. (2008). Strategic analysis: Approaching continuous improvement proactively. Review of Business, 29(1), 15-17.
Wall, S.J. & Wall, S.R. (2000). The morning after: Making corporate mergers work after the deal is sealed. Cambridge, MA: Perseus Books.
A lot of critical information on the duty of care and its itinerant duties is located on every Secretary of State website in each state's corporation statute regarding the duties of care and loyalty.
ut the discussion until now has dealt (in a lot of practical matters) with large corporations. In a small corporation, the directors, officers, and shareholders may all be the same.
In larger corporations with a larger oard of Directors, it may not be possible for all directors to participate in certain oard decisions. In that case, the oard of Directors may appoint an Executive Committee to handle certain matters.
The grant of power from the oard to an Executive Committee is included in the ylaws. The grant of power to an Executive Committee can be fairly extensive and can authorize the Committee to act on behalf of the oard and with the authority of the oard.…
Emerald Partners v. Berlin, 787 A.2d 85, 90 (Del. 2001)
Guttman v. Huang, 823 A.2d 492, 502 n.34 (Del. Chapter 2003)
Emerald Partners v. Berlin, 2003 WL 21003437, *39 n.133 (Del. Ch.)
Orman v. Cullman, 794 A.2d 5, 14 (Del. Chapter 2002)
Financial Proposal: Dorchester, Ltd.
As discussed in earlier papers, for Dorchester, the final decision as to which particular nation to invest in is dependent on a range of distinct scenarios; these factors naturally impact the selected acquisition target. Before the acquisition target is selected, the nation which houses the potential acquisition target needs to be scrutinized closely. For instance, the trade environment of the nation where the prospective acquisition is located needs to be assessed, since this factor will impact the cost and ability to engage in trade. The political environment of the nation where the prospective target resides is also a crucial factor that needs to be examined closely. No potential targets exist in peaceful vacuums; rather all the prospective nations looked at during this course have some element of political risk attached to them. Furthermore, as discussed during earlier assignments, it's been found that political stability of a…
Brown, C. (2011, January 20). How to Finance an Acquisition. Retrieved from Inc.com:
Ford, P. (2010, August 17). China's economic status is good news for the country ...
right? Retrieved from Csmonitor.com: China's economic status is good news for the country ... right?
Creating Organizational Value through the Integration of Information Technology: A Management Perspective
Change Management and the Construction of a eceptive Organization
Transformational and Participative Leadership
A Decentralized Organizational Culture
Effective Utilization of esources
Performance Monitoring Systems
isk Management and Support Strategies
When considering the ever-changing and highly competitive global landscape of business today, firms must stay at the cutting edge of their respective fields in order to sustain profitability in the long-term. With the current exponential growth of technology and the computerization of business and learning, consumers and investors have become much more connected to the businesses they patronize (Kurzweil, 2001). Accordingly, companies are faced with the continuous task of finding new ways to understand and subsequently accommodate the needs of those customers and shareholders, while simultaneously securing lucrative business models and job environments. In doing so, businesses must be able to efficiently integrate and utilize various sources of…
Aladwani, A.M. (2001). Change Management Strategies for Successful ERP Implementation. Business Process Management Journal, 7 (3), 266-275.
Anthony, S. (2010, May). Three Critical Innovation Lessons from Apple. Retrieved July 26, 2011, from http://hbr.org/anthony/2010/05/three_critical_innovation_less.html
Antonelli, C. (2000). Collective Knowledge Communication and Innovation: The Evidence of Technological Districts. Regional Studies, 34 (6), 535-547.
Ashkenas, R., Ulrich, D., Jick, T., & Bossidy, L. (2002). The Boundaryless Organization: Breaking the Chains of Organization Structure. United States: John Wiley and Sons.
conventional wisdom has always stated that hedging strategies and life insurance are ill-matched partners. The belief has always been that the philosophical motivation behind employing one is diametrically opposed to that of the other. Insurance companies have traditionally shunned the use of derivatives as a hedging strategy because the insurance industry is all about risk management and hedging instruments required too much specialized knowledge and too many risks to be utilized as suitable strategies, especially when there were conventional investments that could guarantee a significant long-term return one's capital investment. During prosperous -- or at least non-volatile times -- very few investors or managers questioned this way of thinking. However, ultimately, whether one is talking about life insurance, pensions or playing the market, it's all about winning, and over the last few years as the market made a mockery of mutual funds and other traditional investment tools, the only ones…
Com industry crash after the boom
This is a paper examining some of the factors that caused the dot-com crash
Many believe the root cause of the dot-com crash was over valuation of stock prices relative to the actual underlying value of the companies themselves. Stocks of Internet companies traded at Price-Earning ratios of higher then 30, buoyed by a speculative bubble. When reality set in for investors many realized that the companies that they were so heavily invested in were little more then money sucking black holes with no upside potential in the near or long-term future. This triggered mass self-offs of not only Internet related stocks but soon impacted the market value of many companies associated with computer, network or telecommunications industries.
This paper will show in fact that over valuation was more a symptom of the speculative boom and was only one of the multifaceted factors that…
Baldwin Carliss Y. Clark Kim B. "Modularity After the Crash" working paper Managing the Modular Age: Architectures, Networks And Organizations,
Brick Michael, "Pets.com Closing Up Shop" TheStreet.com/NYTimes.com November 11, 2000 (www.nytimes.com) March 27, 2003
Buckman Rebecca, "Who Caused the Dot-Com Crash?" The Wall Street Journal, Monday, March 5, 2000 p. 42
Cassidy John Dot.con: "The Greatest Story Ever Sold" 2002 HarperCollins
Working Values: Diligence, Timeliness, Quality
Hard work is extremely important. My parents stressed that as long as I tried my best, I had nothing to be ashamed of. Thus diligence is extremely important to me as an employee. I take my work seriously and it is a vital component of my self-esteem. Another important value is timeliness. Coming to work on time, completing projects on time, and not procrastinating is essential so I do not become overwhelmed with my workload and so projects do not suffer critical delays. Clients need projects on time and make payments expecting timely delivery. Coming to work and to meetings on time is respectful of the busy schedules of colleagues. Finally, I am always striving to improve the quality of the work I do. I hope that the input I make is of value. Every day when I go home I like to think that…
Mind Tools. (2012). Hofstede's cultural dimensions: Understanding workplace values around the world. Retrieved from http://www.mindtools.com/pages/article/newLDR_66.htm
channel management practices that have been developed via thorough research and analysis of the world's leading companies?
Channel management is a process that entails managing the relationship between a vendor and the third parties used by them to get goods and products into client's hands, while making sure that the post-sales services and support are still of high quality. A channel can be either a one- or two-tier relationship. In the one-tier relationship, a vendor is selling products directly to a reseller; in the two-tier relationship, a vendor is selling to the third parties indirectly through a distributor. Effective channel management can help to greatly increase revenue and profit margins for vendors through creating incentives for channel partners to promote or market their own branded services and support; it is also useful to be able to achieve the right overall pricing for the end users[footnoteef:2]. [2:
KPMG. (2011). Leading practices…
Chapter 8: Distribution Channels and Supply Chain Management in High-Tech Markets (n.d.).. Retrieved July 14, 2015 from https://ulib.derby.ac.uk/ecdu/CourseRes/dbs/markinno/Mohr_J_2(Chapter8).pdf
Childerhouse, P., & Towill, D.R. (2003). Simplified material flow holds the key to supply chain integration. Omega, 31(1), 17-27.
Choon Tan, K., Lyman, S.B., & Wisner, J.D. (2002). Supply chain management: a strategic perspective. International Journal of Operations & Production Management, 22(6), 614-631.
Council of Logistics Management (CLM). (2000). What it's all about. Oak Brook, IL: Council of Logistics Management.
International Human ights, Women and Gender
International Human ights: Women and Gender
Women are the most assaulted segment of the human society. A shocking statistic reveals that a majority of the females are subjected to violence and sexual violence by the time they reach their late teens (Fergus, 2012).
Definitions of Violence against women, constitutes the mental and physical torture they are subjected to by way of restricting their right to freedom in the broader sense of the term. The crimes and exploitation against younger girls implies, by definition, violence based on gender discrimination. It has been observed that this act of violence is fallout of the negligence shown towards equality of the female child and womenfolk in general (Fergus, 2012).
The act of violence exposes the women and specifically the younger female child to isolation, loss of identity, unhealthy overall development, psychological and social stigma (WHO, 2006) and hence…
Arbour, L. (2007). Human Rights. Yes! Human Rights Resource Center, University of Minnesota.
Bhattacharya, D. (2013). Global Health Disputes and Disparities: A Critical Appraisal of International Law and Population Health. Routledge.
CEDAW (n.d.). Strengthening Health System Responses to Gender-based Violence in Eastern Europe & Central Asia: A programmatic package. A United Nations Publication.
CEDAW. (2010). General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women. United Nations Publications.
Business -- Intercultural Communication -- ata Motors
ata Motors sought to win a 2004 bidding war for acquisition of Daewoo Commercial Vehicle Co Ltd. in South Korea. hough not initially favored to win the bidding war, ata Motors won over the decision-makers through shrewd adjustments to South Korea, education the decision-makers about ata Motors, display of ata Motors' strengths and listening to Daewoo employees. ata Motors succeeded where the other nine bidders failed, enabling ata Motors to effectively expand its business into the Southeast Asia automotive market.
ata Motors is an East Indian automobile titan founded as ata Engineering and Locomotive Co Ltd. (elco) in 1945. ata Motors is a highly successful intercultural communications business because of its ability to learn from significant events, such as the 1999 recession, and to use strategic planning to internationalize and flourish. Despite the challenges of the economy, technology, competition and the local customs/laws…
Though Tata Motors was initially not the most favored bidder, Tata Motors won that bidding war through shrewd adjustments to the South Korean economy, technology, competition and local customs/laws. Though not the initially favored bidder, Tata Motors paid attention to the needed adjustments and visibly made them. For example, while still in the bidding war, Tata Motors sent a due diligence team of operations, marketing, human resources and IT managers to South Korea to make sure that the acquisition decision would be made according to important business decisions and by people who would actually run the company if Tata Motors won the bidding war. In addition, Tata Motors educated the decision-makers at Daewoo about East India and about Tata Motors so the decision-makers would be more familiar and comfortable with the prospect of choosing Tata Motors' bid. The "education" consisted of several messages: that Tata Motors had significant global business connections; and that Tata Motors was not a run-of-the-mill company but was instead a company of unique and admirable ownership structure, management, ethics and strong company governance. Tata Motors also displayed its strong work ethic to the decision-makers through its small due diligence team, which worked long hours and even on weekends. Finally, Tata Motors' team asked the opinions of Daewoo's drivers and operators, who were surprised and gratified by Tata Motors' interest in their opinions. In the end, Tata Motors won with a modest bid through its highly intelligent approach to winning over the decision-makers in that bidding war.
Tata Motors' acquisition of Daewoo Commercial Vehicle Co Ltd. is a lesson in intercultural communication. Though not the favored bidder among 10 bidders for acquisition of Daewoo in 2004, Tata Motors wished to expand its business into the Southeast Asian market and took great pains to make it happen with this acquisition. Tata Motors sent a due diligence team of operations, marketing, human resources and IT managers to South Korea, educated the decision-makers at Daewoo about East India and about Tata Motors, displayed its strong work ethic and asked the opinions of Daewoo's drivers and operators. Its highly intelligent approach allowed Tata Motors to win the bidding war with a relatively modest bid, teaching the importance of measures that are more than dollars and cents.
Cloud Computing and Organizational Cost Management
The contemporary market trends have put a lot of pressure on many businesses to cut down on their spending and unnecessary costs using any reasonable measure. The globalization and the emerging trends in business demand that for any business to stand a chance to grow and expand across borders, it has to both adopt the current technology and do so at a reasonable cost that will not negatively impact on their profit margins. Investments into the information technology has been seen as one of the most significant and best approaches to not just cutting operational costs but also expediting the organizational processes, making the organizational systems efficient and also central in profit maximization of any organization. There are various technological advances that have been accepted in organization such as use of email as an official communication channel and acceptable documentation, teleconferencing, video conferencing and…
Apostu A. et.al, (2014a). Study on Advantages and Disadvantages of Cloud Computing -- the Advantages of Telemetry Applications in the Cloud. Retrieved March 15, 2016 from http://www.wseas.us/e-library/conferences/2013/Morioka/DSAC/DSAC-16.pdf
Apostu A. et.al, (2014b). New Classes of Applications in the Cloud. Evaluating Advantages and Disadvantages of Cloud Computing for Telemetry Applications. Database Systems Journal. Vol 1/2014. Retrieved March 15, 2016 from http://www.dbjournal.ro/archive/15/15_1.pdf
IBM, (2016). IBM Cloud: What is Cloud Computing. Retrieved March 15, 2016 from http://www.ibm.com/cloud-computing/what-is-cloud-computing.html
Intel, (2016). Taking Advantage of Cloud Computing. Retrieved March 15, 2016 from http://www.joejava.com/page0/files/federal-cloud-computing.pdf
Code of Conduct Framework
The Board in charge of every firm has the responsibility to come up with, and record in writing a code stating the processes and practices that the company should follow for fair UPSI disclosure, as per the principles given in the Regulations; Schedule A. Schedule A gives specific minimum standards such as equality in accessing information, policy publication e.g. those about dividend, pursuits of inorganic growth, meetings and calls with analysts, recording the meetings and calls in writing among others. Furthermore, the Boards in charge of all listed market intermediaries and corporations are required to come up with a code that regulates, supervises and makes reports of trading activities by the staff and any other connected party (Nishith Desai Associates, 2016).
Any employee of a Company is allowed to present a complaint, which should be made with no ulterior motive or out of reasonable…
Though municipal untreated tap water can be used for premix (as opposed to post mix when soda syrup was mixed on site) that comes from the beloved soda fountain in most restaurants the marketing of the Aquafina brand is still likely to be present and bottled Aquafina is often sold there. If on the other hand an individual asks for a cup for water and then pours water from the "water" bypass tap on the soda fountain they are getting municipal tap water, usually unfiltered.
Endorsements are often developed in a similar way to those associated with other types of soft drinks and sports endorsements are common in the bottled water industry as even the Aquafina spin off products that contain the Aquafina (seven step) water and additional flavorings and sweeteners are considered by many to be healthier than soda, but to some degree this remains to be seen. As…
Aquafina (2010) Website Retrieved December 13, 2010 from
Brown, Bruce. The Skinny on Bad Bottled Water: Due diligence reveals why America drinks Coke & Pepsi. (January 2005) Web. Retrieved December 13, 2010 from
"Factory Accident Risks and Injuries" (November 2010) Web. Retrieved December 13, 2010 from
Quantus Environmental Life Cycle Assessment of Drinking Water Alternatives & Consumer Beverage Consumption in North America (February 2010) Web. Retrieved December 13, 2010 from < http://beveragelcafootprint.com/?page_id=102// >
Confucius had mentioned filial concern, but Mencius places emphasis on this filial concern prioritizing between special concern for and obligations towards family that is closest to oneself gradating down to others, and stated proper attitude to family as essential to order in society (au, 1970).
Mencius extended yi to refer not only to propriety of conduct, but also to self-dignity / self-respect. For instance, he provides the example of a beggar who, starving to death, would, and should, rather die than accept food given to him in a contemptuous manner. 'Yi', as are the other traits, are innate in the individual. One has to cultivate this trait so that one lives one's life according to a certain modicum of self-respect and ethical standards (Shun, 1997).
Mencius retained 'li's connotation to proper conduct but he extended it to the formulation that tendency to accord to 'li' and its nuances (or rules)…
Lau, D.C. (1970) Mencius. London: Penguin.
Nivison, D.S. (1996). The ways of Confucianism: Investigations in Chinese Philosophy. Ill: Open Court.
Shun, K.L. (1997). Mencius and early Chinese thought. CA: Stanford Univ. Press.
Most experts believe, though, that the Supreme Court's decision chastising the NHTSB was instrumental in its increased diligence and oversight regarding airbag implementation and safety measures.
Additionally, the NHTSA has a clear mandate, despite the allusion to evidence in the Court case that there may have been undue pressure placed upon the organization due to auto manufacture's complaints about rising costs for safety devices in a down economy (the late 1970s and early 1980s). However, according to their own site:
NHTSA was established by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau. Specifically, the agency directs the highway safety and consumer programs established by the National Traffic and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, the 1972 Motor Vehicle Information and Cost Savings Act, and succeeding amendments to these laws (nhtsa.dot.gov).
The NHTSA should…
Evans, L. Traffic Safety. Science Serving Society, 2004.
National Highway Traffic Safety Administration. National Traffic and Motor Vehicle Safety
Act of 1966. U.S. Government Printing Office, 1985.
Pratt, L. "Work Related Roadway Crashes." National Institute for Occupational Safety.
EU nations have blamed deregulation in the U.S. sector for the credit crisis and subsequent recession, specifically the complex risk exposures not fully understood and assessed by banks and investors; poor and fraudulent underwriting standards; lack of investor and agency due diligence; a failure of transparency; and the structure of compensation schemes and incentives in the U.S. banking industry (Griffin 2008). The failure of the U.S. capital adequacy standards was apparent when even U.S. banks that possessed what would, under normal circumstances be adequate capital reserves were taxed in the subsequent panic, after Lehman Brothers was not 'bailed out' by the U.S. government and many lenders demanded a return on their investments.
The EU has always had more stringent liquidity risk management system. The current system requires all banks to have liquid assets that cover 100% of potential outflows over am eight-day period and 90% of potential outflows over a…
Capital adequacy. (2009). The Business Dictionary. Retrieved November 8, 2009 at http://www.businessdictionary.com/definition/capital-adequacy.html
Griffin, Conor. (2008, July 8). Basel II: Capital adequacy regulations and the credit crisis -- cause or cure? Chartered Accountants. Retrieved November 8, 2009 at htp://www.charteredaccountants.ie/Members/Technical1/Financial-Services/Accountancy-Ireland-Articles/BASEL-II-CAPITAL-ADEQUACY-REGULATIONS -- THE-CREDIT-CRISIS-CAUSE-OR-CURE/
Risk-based capital guidelines; capital adequacy guidelines; capital maintenance: Asset-backed commercial paper programs and early amortization provisions. (2003, October).
Retrieved November 8, 2009 at http://www.bankinfosecurity.com/html/risk-based-baselii-meeting-summary.html
He should never had traded the stock if he was not prepared to accept the risk, or did not personally have belief in the stock's prospects. It is irresponsible to trade stock based on the recommendations of television analysts.
In a moral sense, Rick Stedman, if he was indeed committing a pump-and-dump, knew that some viewers may suffer adverse consequences. However, the limits of his moral responsibility are with his responsibility to the network. He is not morally responsible for the actions of any individual viewer. Likewise, the network is in the news and commentary business. That viewers may trade based on things that they hear or see on the network is a given. The network's oversight with respect to controls on its analysts does not amount to a moral responsibility.
No matter the set of events that lead to the unfortunate loss suffered by James Lee, the final decision…
The housing market was already strong, but the elimination of practical reasons for validating lender information opened several doors very wide, each with an unpleasant surprise hidden behind it. First, because realtors earn their commissions based on sales and on the relative value of property, they have little incentive to disqualify bad risks of eventual mortgage default. Second, banks became equally unconcerned with the veracity and accuracy of the financial information provided by prospective home buyers and it was no longer in anybody's interest to curb increasing home values. Third, the reliance on credit on the part of so many Americans fueled a housing and property development boom in many areas. Multiple Ethical Violations Provide the Ignition for Economic Disaster:
Lack of concern for verifying lender qualifications became so rampant in the first part of the 21st century that lenders offered "no-doc" loans that required no formal documentation of income…
Daft, R. (2005) Management 7th Edition. Mason: Thomson South Western
Gerrig, R., Zimbardo, P. (2005)
Psychology and Life 18th Ed. New Jersey: Prentice Hall.
Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment.
Accepting Client Assignments
Outstanding client service begins with a full understanding of the client organization, its business needs and the position to be filled. An AESC member should:
Accept only those assignments that a member is qualified to undertake on the basis of the member's knowledge of the client's needs and the member's ability to perform the specific assignment.
Disclose promptly conflicts of interest known to the AESC member and accept assignments only if all affected parties have expressly agreed to waive any conflict.
Develop an understanding with the client that, among other things, makes clear the organizational entity that is defined as the client organization, the fees and expenses to be charged, and any ongoing assurances or guarantees relating to fulfillment of the assignment.
Agree with the client concerning any "off-limits" restrictions or other related policies that govern when and how the member may recruit from the defined client…
Atkins, B. (2006) "Corporate Social Responsibility: Is it irresponsibility?," the Corporate Governance Advisor, pp.28-29.
Baker M.J. (2003) Business and Management research: How to complete your research project successfully. Argyll, Westburn Publishers.
Beach, Elaine 1999: The business of consulting - the basics and beyond. San Francisco, USA:
In contrast with the mutual funds, 'Mutual funds trade hundreds of stocks in many unrelated industries, with very little of the total portfolio in any single stock. By contrast, when a company expands into a new area, its portfolio consists of two stocks, typically 90% in the core operation and 10% in the new businesses' (Tirole, 2005). The diversification in majority of the cases is responsible for lower return and maximal risk factor. esearchers have observed that there is possibility of higher failure rates and lower returns for unrelated acquisitions than for related acquisitions. When the company acquires businesses in their own industry, it is observed that lowest failure rates and highest returns phenomenon occur. The reason why the diversification into unrelated business is considered to be risky is that the corporate is unfamiliar about the industry itself, and therefore the corporate is likely to overlook critical risk factors during…
Montgomery, C.A. Corporate Diversification. Journal of Economic Perspectives. 1994. pp. 165
Tirole, J. The Theory of Corporate Finance. Princeton University Press. 2005
Yang, L. What Has Motivated Diversification: Evidence from Corporate Governance? 2005.
Uner Kirdar and Leonard Silk. People: From Impoverishment to Empowerment. Oxford University Press. 1995.
The elder is expected to have learned from the previous elder, developed more knowledge and expertise, and is now passing this on to the workers that are employed. This ostensibly a function of the cultural fabric within the framework of Mexican societal mores that establishes the knowledge transfer relationship.
Therefore, business operations in Mexico, as a Mexican workforce is to be hired, are a direct reflection of these cultural mores within the rigid chain-of-command. Similar to a banking operation, the role of the employee is subject to protocol and oversight by the manager. The manager is not an embodiment of the 'chain-of-command'. In fact, Mexican office environments appear to be autonomous and horizontal rather than vertical in control.
The use of hierarchy would be to establish the rapport necessary to engage the Mexican market. Therefore, client engagements will be hierarchical with the manager-employee relationship expressing the chain-of-command as the functional…
Geert-Hofstede (2011).Mexico & Germany. http://www.geert-hofstede.com
Kwintessential (2011). Mexico & Germany. www.kwintessential.co.uk
Foreign Affairs and International Trade Canada. (2011) Mexico & Germany. www.tradecommissioner.gc.ca/
Ethics and Accounting - Financial Decision-Making
Ethics in Accounting and Financial Decision Making
The article Ethical guidance and constraints under the Sarbanes-Oxley Act of 2002 by .M. Orin (2008), espouses the belief that the Sarbanes-Oxley Act did not go far enough in its desire to stop unethical financial practices by businesses. The article addresses what the Act actually does, which is to help companies practice more due diligence and lessen the chances of getting involved in unethical financial practices. The Sarbanes-Oxley Act involves important legal issues. The due diligence is one of those issues, but another is the need for accountants and lawyers to report the corporations they work with for wrongdoing if they see or suspect a serious financial issue (Coffee, 2002). This has been a concern for some because it technically compromises the attorney-client privilege. This was necessary, though, in the face of all of the corporate scandals…
Coffee, J.C. Jr. (2002, September). Leading issues under Sarbanes-Oxley, Part 1, New York Law Journal: 5.
Koehn, J.L. & Del Vecchio, S.C. (2004, February). Ripple effects of the Sarbanes-Oxley Act. The CPA Journal: 36-40.
Orin, R.M. (2008). Ethical guidance and constraints under the Sarbanes-Oxley Act of 2002. Journal of Accounting Auditing and Finance: 141-171.
ent vs. Buy
Because of many factors and costs to consider, the decision to rent vs. buy continues to plague the minds of many. A strategy for one person may not be a prudent strategy for another. Hence, the answer is rather relative as oppose to an absolute or universal decision. The real estate market is one of a cyclical nature, with periods of ebbs and flows. However, the key is stability and longevity to withstand downturns.
Whether to rent or buy is a question that looms in the minds of many. The answer simply depends upon the current market conditions and the needs of the consumers. Over the past decade, owning has been a financial success for most people, with prices rising almost in a straight line, with low, low interest rates feeding into the equation and with homeowners' equity subsequently bounding higher. Conversely, in certain markets such as…
Arends, B. (3 June 2010). A fresh look at rent vs. buy. Wall Street Journal (Online).
Home Buyer's Information Center. (n.d.). Renting or buying: Advantages and disadvantages. Retrieved from http://www.ourfamilyplace.com/homebuyer/buyorrent.html
Investopedia. (2011). Economics basics: Demand and supply. Retrieved from http://www.investopedia.com/university/economics/economics3.asp#axzz1igT4E2hU
National Association of Realtors (NAR). (2011). Housing and economic statistics. Retrieved from http://www.realtor.org/research/research/reportsstatistics