Due Diligence Essays (Examples)

Finance-dominated proponents also maintain that boom economic periods generate a more varied divergence of valuations that fuel merger activity (Medlen 2007). In this regard, Medlen concludes that, "Taken collectively, these understandings may explain some of the merger activity in booms, but they involve certain asymmetries that undercut their explanatory power. High stock valuations allow stock to be utilized as currency and collateral for takeovers; yet stock booms also make targets expensive" (p. 202). Moreover, despite the commonly held perception that mergers are a "quick and dirty" way to grow a business and achieve organizational goals, there remains a lack of convincing empirical evidence in support of this perception (Medlen 2007). As Medlen points out, an "anomalous fact about mergers concerns the lack of evidence that mergers are profitable. This fact begs the question: why then are mergers carried out with such frequency and with such large levels of capitalization?" (p.…

References

Ahern, K.A. & Weston, J.F. (2007). 'M&as: the Good, the Bad, and the Ugly.' Journal

of Applied Finance, vol. 17, no. 1, pp. 5-7.

Babbie, E. (1990). Survey Research Methods (2nd ed.). Belmont, CA: Wadsworth

Publishing Company.

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…

Works Cited

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…

Works Cited

"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

 http://www.globallawreview.com/legaldd.html 

Newco Construction. (2005) Official Company Website. Retrieved on 25 Aug 2005

International Safety Management

ISM Code

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…

References

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).

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…

References

Glamis Research Institute (2010). Oceans Group Limited

http://www.glamisresearch.com/reports/Company_Report_pages_1-8.pdf

Glamis Research Institute (2010b).Food and Beverage Industry

http://glamisresearch.com/reports/Industry_Report_pages_1-8.pdf

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)

Conclusion:

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…

Works Cited:

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,…

References

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

OHS Act and egulations that are applicable to the hospitality industry

The legal instruments

egulations

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…

References

Comcare (2012). Occupational Health and Safety Code of Practice 2008

 http://www.comcare.gov.au/laws__and__regulations/ohs_act,_regulations__and__code/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…

References

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

Ptr.

Given the context and the fact that being a convicted criminal and a sex offender could conceivably make the risk of any type of abuse (whether or not of a sexual nature) foreseeable, that defense is unlikely to succeed. However, generally, the knowledge of one Board member who does not disclose that knowledge to the Board will not be imputed to the rest of the Board. In any case, that issue is unlikely to matter because of the school's liability in negligence even without knowledge.

Question # 3

As previously discussed, the school is likely to be found liable to Anna for Title VII discrimination by virtue of her age because it allowed Forester to create a hostile work environment by failing to discipline either Forester or DuFrane, the other male teacher who made the hostile statement. The school will argue that even under those facts, the severity and extent…

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.

Analysis

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…

Bibliography

"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.

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…

References

Brown, C. (2011, January 20). How to Finance an Acquisition. Retrieved from Inc.com:

 http://www.inc.com/guides/201101/business-acquisition-financing.html 

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?

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).

Reporting Violations

Any employee of a Company is allowed to present a complaint, which should be made with no ulterior motive or out of reasonable…

Stated to be barriers in the current environment and responsible for the reporting that is inadequate in relation to medical errors are:

Lack of a common understanding about errors among health care professionals

Physicians generally think of errors as individual that resulted from patient morbidity or mortality.

Physicians report errors in medical records that have in turn been ignored by researchers.

Interestingly errors in medication occur in almost 1 of every 5 doses provided to patients in hospitals. It was stated by Kaushal, et al., (2001) that "the rate of medication errors per 100 admission was 55 in pediatric inpatients. Using their figure, we estimated that the sensitivity of using a keyword search on explicit error reports to detect medication errors in inpatients is about 0.7%. They also reported the 37.4% of medication errors were caused by wrong dose or frequency, which is not far away from our result of…

Bibliography

Discussion Paper on Adverse Event and Error Reporting In Healthcare: Institute for Safe Medication Practices Jan 24, 2000

Patient Safety/Medical Errors Online at the Premiere Inc. page located at:  http://www.premierinc.com/all/safety/resources/patient_safety/downloads/patient_safety_policy_position_2001.doc 

Medstat / Shortell, S. Assessing the Impact of Continuous Quality Improvement on Clinical Practice: What It Will Take to Accelerate Progress.

Health Policy Monitor (2001) A Publication of the Council of State Governments Vol. 6, No. 1 Winter/Spring 2001 PO18-0101

Wal-Mart

This work will discuss two problems or issues in my work setting (Wal-Mart) for their significant ethical implications. The work will look at ethical, legal and value principles in the face of the issues or problems. Wal-Mart has taken considerable grief and many legal hits over the last ten years, in part because of its massive size but also because of its massive success and arguably bad ethical decision making in the past. Wal-Mart is constantly under the eye of society, despite and because of its popularity and success. The two most logical ethical problems or concerns I have with my workplace are therefore reflective of two of the biggest compliant made against Wal-Mart, both which have to do with employee treatment and to some degree conditions. I myself have not experienced stressors associated with these issues but have watched as others have and would support that both have…

Resources

Bergdahl, M. (2009). Guest comment: Antidisestablishment-Walmastarianism: The battle for the hearts and minds of Wal-Mart's two million employees. Retail Digest, 6-9. Retrieved from EBSCOhost.

Farfan, B. (2009) Free choice doesn't need an act: Wal-Mart workers organize despite fear employees rise up against anti-worker policies and dare management to retaliate. Retrieved March 28, 2011 from  http://retailindustry.about.com/od/2009usretailanalysis/a/walmartunionorganization_2.htm 

Geisel, J. (2006). Wal-Mart dismisses AFL-CIO Medicaid report. Business Insurance, 40(12), 30. Retrieved from EBSCOhost.

Liberman, V. (2010). The value of values. Conference Board Review, 47(6), 1-5. Retrieved from EBSCOhost.

nd we must take into consideration what would happen if, somewhere down the line, we encountered the very real possibility of changed financial circumstances.

The financial knots we're tying ourselves into now, as we scramble to purchase homes and wind up owning less of them, can have serious long-term ramifications. Because today's overall tighter finances often necessitate putting off major purchases, many adults don't buy their first home until they're well into their thirties or even forties.

s a result, those thirty-year mortgage payments follow us right into retirement, hanging around even as rising health care and tuition expenses for college-aged children begin to spike. s a result, we discover too late that the asset we gambled everything to acquire because it was going to see us through retirement is instead pushing that retirement further and further away. lready, an increasing number of seniors are borrowing against their homes, accumulating…

Adam Tanner, San Francisco Suburb Vallejo Files for Bankruptcy, REUTERS, May 23, 2008;

Fishbein & Woodall.

Michael M. Phillips, to Help Broke Homeowners, He's Taking the Law into His Own Hands, WALL ST. J., June 6, 2008, at A1.

Marketing Plan

Marketing plans can vary in complexity from fairly basic to very complex. There are several types of layers that may or may not exist, depending on the situation. Some of those important layers will be discussed in this report. Indeed, there are items to decide and decipher that include channel design strategy, exclusivity agreements and how best to handle the transportation and display of the product. When it comes to bringing the goods to a point of sale, this would include how the goods get there, who gets them there, who will state the items, when that will be done and how that will be done. While the individual steps to an exclusive retail sales arrangement, proper timing and management of resources and people is extremely important.

Analysis

The scenario presented for this report is not terrible intricate or detailed. However, it is important to detail what is…

It is recommended that Red Door adopt a buffet-style loyalty program. The customer can choose from a menu of different loyalty plan options, each with a different value proposition. The different plans can help to differentiate the types of customers further, based on their preferences by identifying their preferences. For example, a customer may choose as a reward for their plan a high-end treatment they would not normally buy without the discount offered in the plan. This tells Red Door what that customer really wants, but has yet to regularly pay for. At present, Red Door mainly collects information about what the customer buys, not what the customer wants.

This interaction provides Red Door with new data on the customer. From that data, promotions can be customized to focus on those services and products that the customer wants. The customer may decide, after a few discounted high-end services, that they…

Works Cited:

Red Door Spas website, various pages. (2010). Retrieved May 13, 2010 from  http://www.reddoorspas.com 

Fletcher, H. (2009). Paradise by the dashboard light. Target Marketing. Retrieved May 13, 2010 from  http://www.targetmarketingmag.com/article/the-beauty-red-door-spas-dashboard-provides-insight-into-marketing-strategy-performance-407335/2

Will the law consider the issue of adequacy of consideration in this instance?

No. Without some showing that the seller had specific expert knowledge of the book's value and purposely withheld that information to induce the seller to sell it for inadequate consideration, the court will not interfere in the transaction.

Generally, in order to rescind a sales contract for inadequate consideration, the transaction would have to be unconscionable at the time of its formation. Even the unconscionability would probably be insufficient in and of itself without some evidence to establish that the process or negotiations generating the transaction were patently unfair on the part of the party who benefited unconscionably.

The gross disparity between the actual value of the book and the nominal consideration paid for it would be sufficient to meet the unconscionability test under circumstances where the seller relied on misrepresentations of material fact by the buyer…

This paper is a discussion on Activity-based costing (ABC), one of the costing methodologies used in business. The methodology essentially entails assigning a cost to the various activities of an organization, which range from planning and production to quality control, logistics, and distribution (Kaplan & Anderson, 2007). It also entails determining the amount of time required to perform the activities (Kaplan & Anderson, 2004). The cost and time are then used as a basis for determining the price of the organization's products or services. If properly implemented, ABC can deliver significant benefits to an organization, especially with respect to business performance and competitive advantage (Cokins, 2001). Focusing on Amazon, this paper discusses the use of time-driven ABC in e-commerce activities. First, a brief background of the organization is provided. Next, attention is paid to how a time-driven ABC system can be implemented in the organization and the associated benefits on…

Certainly, utilizing those agencies now that there has been a crime at the premises is warranted. However, it may not have been negligent for DWI to fail to contact law enforcement when it first began receiving threats. Large corporations such as DWI routinely receive threats in the course of business. The vast majorities of those threats are harmless and represent no danger to the employees or customers of those organizations. Therefore, DWI may have been exercising due diligence by increasing its security force and not reporting the action to the police. To determine whether or not DWI was negligent, it would be necessary to see the exact language of the threats. Threats of plausible violence against customers or staff would give rise to a higher standard of care than threats against the property. Businesses cannot be held responsible for harm that occurs as the result of an unforeseeable act by…

Mill believed that any act may itself be inherently moral, so long as the outcome of that action produces a benign effect. Mill believed that the most ethical act is that which produces the most good, even if the act itself is one which is traditionally considered evil. An example of utilitarian philosophy would include the killing of innocent animals to determine a cure for some infectious disease. And while there are components of this philosophy that would certainly align with Aristotle's definition of ethics, it seems difficult to picture the latter condoning any method to achieve moral behavior, particularly in regards to the following quotation from Nichomachean Ethics. "A man will not live like that by virtue of his humanness, but by virtue of some divine thing within him. His activity is as superior to the activity of the other virtues as this divine thing is to his composite…

Works Cited

Aristotle. Nicomachan Ethics. Chicago: University of Chicago Press, 2011. Print.

Hobbes, Thomas. Leviathan. Indianapolis: Hacket Publishing, 1994. Print.

Mill, John Stuart. On Liberty. New York: Penguin Classics, 1985. Print.

Minch, Michael and Weigel, Christine. Living Ethics. Washington: Thomson, 2008. Print

Small Business

Taking a small clothing store to the online world is a bold proposition. There are a few strengths that this store can draw upon to help it succeed. The first is the name recognition of the Jersey Shore -- people actually know where it is now and that will help the store by putting it into some context. (e will assume that the context is good, at least for our target market). Another strength is that rent in the area is relatively low, compared with larger urban centers along the Atlantic Seaboard. This means that the store has room to expand once sales exceed the capacity of the existing premises. That said, there are a few weaknesses. The store is small, and therefore has no brand name of its own. For people to buy from the store, they must first reach the website and that will not happen…

Works Cited:

Das, R. (2011). Identity theft in e-commerce. Technology Executives Club. Retrieved October 21, 2011 from  http://www.technologyexecutivesclub.com/Articles/security/identifytheft.php 

Martin, M. (2011). Costs of starting on online retail business. Startup Nation. Retrieved October 21, 2011 from  http://www.startupnation.com/business-articles/1227/1/AT_Costs-Starting-Online-Retail-Business.asp 

No author. (2011). Trio of big retailers divorce Amazon marketplace. E-Commerce News. Retrieved October 21, 2011 from http://ecommercejunkie.com/2011/02/08/trio-of-big-retailers-divorce-amazon-marketplace/

Slater, D. (2011). Retail security: Critical strategies. CSO Online. Retrieved October 21, 2011 from  http://www.csoonline.com/article/600931/retail-security-critical-strategies

RFP in Healthcare Industry

Request for proposal in health care industry

Request for Proposal (RFP) in Healthcare Industry

In order to continually provide adequate Medicare to patients, a review of the electronic health record options reveal that the appropriate strategy is to procure Electronic Medical Record software. The primary objective of this RFP is to implore bids from system integrators or commercial off the shelf software merchants to devise, install, construct and implement integrated EMR software solution. The health care system, Future Correctional Center seeks to procure a software solution including licenses, hardware (as recommend by the bidder), execution, and maintenance and support services. In addition, the software configuration should present a core set of EMR attributes that meet particular requirements such as order entry, outcome review, nursing and physician documentation, registration.

Something significant to note; Future Correctional Center will not consider proposals from bidders offering software as a service…

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…

Bibliography

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…

References

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.

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

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

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

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

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…

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

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…

References

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.

 https://mcdonalds.com.au/about-maccas/our-supply-chain

Marine Insurance

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…

References

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

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.

A p)…

Bibliography

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

Organizational Behavior

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.

STRATEGY TO…

Works Cited

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.

ORGANIZATIONAL BEHAVIOR

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…

References

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,…

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…

References

Chiriac, Irina Sandu case (2011) Mergers -- Success or Failure? CES Working Papers, III [1] 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

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…

References

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

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…

References

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 

ivacyandconfidentiality/what_are_limits_employee_privacy.html

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

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;

Forfeiture Statute;

Anti-Kickback 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…

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.

(5) Investors…

Bibliography

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

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,…

References

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.

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…

Bibliography

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

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…

References

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.

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…

References

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

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…

References

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

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.

C. Conclusion

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.

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…

References

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.

real or hypothetical situation?

The context of the report is based on the real world implications of the financial crisis on the banking industry and society as a whole. The report details the need for reform within the sector overall. Particular emphasis is placed on Bank of America, as it was a large component of the subprime-lending crisis.

Why did you choose this topic, and does it relate to you in any way?

I chose this topic because it has impacted both society and the world at large. Nearly $1 trillion in asset values were erased in 1 year due to the financial crisis. People were foreclosed on and subsequently lost their homes. Taxpayers were forced to pay large sums of money to bailout a corrupt and greedy system. This topic not only resonates with me personally, but with the entire developed world. We nearly were on the brink of…

References:

1. Edward Gramlich (2004). "Subprime Mortgage Lending: Benefits, Costs, and Challenges." Board of Governors of the Federal Reserve System.

2. Eichengreen and Hausmann (2005), Other People's Money: Debt Denomination and Financial Instability in Emerging Market Economies. Pg 6-15

3. Peter Coy (2007). "Why Subprime Lenders Are In Trouble." Business Week

4. Pitt, Harvey L. (2005). "Conflict of Interest Lessons From Financial Services." Compliance Week.pg 2-5

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…

Resources

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// >

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…

References

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.

Stategic Planning fo Maket Enty

Baies to Enty

Maket Challenges

Tade Baies

Standads

EU Regulations

Confomity Assessment

Poduct Cetification

Acceditation

Maket Enty Stategy Selection

Fanchising

Joint Ventues/Licensing

Licensing

Agents, Distibutos and Tading Houses Agents

Distibution and Sales Channels

E-Commece

Gemany

EU Regulations

Stategic Alliances, Licensing and Fanchising

Joint Ventues

Foeign Diect Investment

Finding the Right Patne

Negotiating a Patneship Ageement

The Ageement Checklist

Have the salient points of the ageement been ageed upon in pinciple?

Paticipants and thei Roles

Negotiation Baselines

Section 10: Managing Intenational Business Opeations

Exit Stategies

Conclusion

Intoduction

In this wok, the case study of Tesla Motos has been taken as an example to undestand the stategies of intenational businesses with paticula attention to Gemany. The wok begins with exploation of stategies pevasive in intenational makets with close attention to enty issues. The vaious foms of foeign investments and business like Geenfield, acquisitions, meges, and Joint Ventues…

references

Alon, I. (2012). Global franchising operations management: cases in international and emerging markets operations. Upper Saddle River, N.J, Financial Times.

Aswathappa, K. (2010). International business. New Delhi, Tata McGraw Hill Education.

Baron, R.A., & Shane, S.A. (2008). Entrepreneurship: a process perspective. Mason (OH), Thomson/South-Western.

Benjamin Levi, K.J. (2006). Market entry strategies of foreign Telecom companies in India. Wiesbaden, Dt. Univ.-Verl.  http://dx.doi.org/10.1007/978-3-8350-9453-6 .

FCPA

The following till take a look at Foreign Corrupt Practice Act or in other words the FCPA.

Discovering the corporate payments difficulty in the middle of the 70s from a blend of work by the Watergate Special Prosecutor office, this includes related additional work and inquiry by SEC-Security and Exchange Commission and the Multinational Corporations Subcommittee by Senator Frank Church. In 1975, within four months, separate hearings were held by the Church Committee on Gulf Oil, Mobil Oil, Northrop, and Lockheed (Koehler). Every one of these corporations became the main subjects of allegations, concerning uncertain payments made either directly or indirectly to officials of foreign government or foreign political parties bearing a business purpose in mind. For example, the Gulf Oil primarily involved the contributions made to political campaigns of the epublic of Korea President. Northrop was mainly involved in making payments to a general in Saudi Arabia. Principally,…

References

Burns, D., Sullivan, & Gibson. (2009). Navigating the FCPA's Complex Scienter Requirements. Retrieved March 18, 2016, from  http://www.gibsondunn.com/publications/Documents/Burns-Sullivan-NavigatingTheFCPAComplexScienterReq.pdf 

Harris, A. (2011). Scholarship @ Claremont -- Claremont Colleges Research. The Impact of the Foreign Corrupt Practices Act on American Business from 1977-2010. Retrieved March 18, 2016, from  http://scholarship.claremont.edu/ 

International Whistleblower Reward Law Information Center. (n.d.). History of the Foreign Corrupt Practices Act. Retrieved March 17, 2016, from  http://www.internationalwhistleblower.com/history.html 

KOEHLER, M. The Story of the Foreign Corrupt Practices Act. Ohio State Law Journal, 73(5). Retrieved, from  http://moritzlaw.osu.edu/students/groups/oslj/files/2013/02/73.5.Koehler