Due Diligence Essays (Examples)

Due Diligence

diligence Checklist

An appropriately constructed due diligence checklist, according to the article entitled "Due Diligence: The Critical Stage in Mergers and Acquisitions," attempts to answer such vexing questions for a venture capitalist as if indeed the product in question "is what he or she thinks it is." In other words, is the venture capitalist in question really and truly buying the company or an interest in the product that is advertised by its producers -- or something else, when he or she reads to infamous 'fine print'? The potential venture capitalist, when conducing an appropriate risk assessment must first ask, "are you sure it [the product] is as good as the seller says?" Or, in this case, as good as the capitalist, who is being advised by technical gurus regarding the viability of the product, whom are conducting independent risk audits of the microchip in question, says the product is.…… [Read More]

Outline for Data Due Diligence

Diligence

Alphanumeric

HouseholdID

Length of Residence

City

Gender

Occupation

Fields with null values

MSACode

Athletic Dimension

Fields with "Unknown" values

Marital Status

Occupation

Presence of Children

Wealth Score

MailResponder

f. Number-based fields that cannot be used in calculations

Income

LengthofResidence

Region

g. Number-based fields that can be used in calculations

Fields where numbers used to indicate non-text values (e.g. Y/N, etc.)

OwnACat

OwnADog

OwnCellularPhone

Due Diligence

Standardize Y/N fields

Methodology should be the same in all columns

Calculate averages and standard deviations for all number fields after cleanup is completed

Can at least do counts for those fields after cleanup

c. Ensure no duplicate values in HouseholdID

Appears that this should be unique for each record

d. Ensure no misspellings of city names so that there is not more than one field for each city name

i. Example would be that Huntington Beach and Huntington Bch should not be treated…… [Read More]

Corporate Cultural Due Diligence

Corporate Cultural Due Diligence

In the past few years, the amount of mergers and acquisitions have dramatically increased, raising the importance of the performance of corporate cultural due diligence. Financial, operational, and technical due diligence have become routine undertakings before companies consummate a merger or acquisition. A review of the literature indicates that cultural incompatibility causes the most problems in the necessary transitions of many mergers and acquisitions. Through cultural due diligence, the human side of these transactions can be given the same scrutiny that has traditionally been applied to the more quantitative assets of companies (Iri Solutions, 2004). The purpose of due diligence is to improve the chance that the merger or acquisition will be successful, achieved through intensive searching for facts, thorough analysis, and constant reevaluation. This paper will discuss the importance and strategies of corporate cultural due diligence, and offer suggestions for transactions of the future.

The…… [Read More]

Why Accounting Due Diligence Is Important

accounting serves as a means of prioritizing business activities. In many instances, business has limited amounts of resources and a seemingly infinite amount of methods in which to deploy them. For large, multinational corporations the problem is compounded as various departments jockey to receive the maximum amount of funding for their own projects. By accounting properly, management can better ascertain which projects will be fully funded and which project will not be funded. This prioritizing ensures that the business enters markets or engages in activities in which it has relative competitive advantages in.

Accounting is therefore used to better assess the risks and behaviors embedded within these profit maximizing activities. Enron, Tyco, and WorldCom have proved that a profit motive without an audit or risk assessment can be detrimental to society. In fact, an independent audit assessment should be conducted to avoid conflicts of interest while protecting the public at…… [Read More]

Due Diligence in global marketing

GLOBAL MARKETING 4
Drive-Sharing Memo
The question that is existing centers on whether U-Drive Transport could or should expand within its home country or whether it would be wiser to keep the current scale and size that it has now. Of course, there are a number of important factors to center on and discuss when it comes to that subject. These include the marketing methods, legal factors, environmental factors and the economics involved. On the whole, it is hard to provide a single and monolithic answer to whether U-Drive should expand and how to do it. However, the closest thing to it would be to say that it would work if things are done the right way.
The first major part of things to look at when assessing whether U-Drive should expand within the United States is the current competition climate that exists. Indeed, Uber is the “big dog” in…… [Read More]

Merger Activity Due in Large

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.…… [Read More]

Hsbc Bank USA Efforts in

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…… [Read More]

Newco Construction Investing

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…… [Read More]

International Safety Management Ism Code Ism Safety

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…… [Read More]

Oceana Group Limited Is a Company Listed

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…… [Read More]

Staffing Privacy Staffing and Privacy

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…… [Read More]

Activity Studies Found Common Features High-Performing Health

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,…… [Read More]

Ohs Act and Regulations That Are Applicable

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…… [Read More]

Non Linear Pro-Is a Company That Sells

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…… [Read More]

Project Management Approaches for Dynamic Environments

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…… [Read More]

Sexual Harassment and Discrimination Anna

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…… [Read More]

Holder v Humanitarian Law Project

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…… [Read More]

Financial Proposal Dorchester Ltd As Discussed in

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…… [Read More]

Leadership and Ethical Decision Making

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…… [Read More]

Kelly Has Made Many Assumptions That Pat

Kelly has made many assumptions that Pat does not know anything about how the iScanner product works and the basics of quality control. He thinks that Pat is trying to undermine him by talking to one of his programmers and appears to be basing, in part, some of the requirements for the retail product on products used at airports that may require higher security features.

Pat assumes that Kelly and his team do not share the same vision and commitment as the rest of the company. With little evidence presented for likely market acceptance, Pat is convinced that the retail solution will be a dream product. She believes customers will be happy that the company is first to market even with a product that has incomplete features. Pat also believes that the product should be able to meet delivery times based on one conversation with a programmer that mentions an…… [Read More]

Healthcare Addressing the Issue of

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…… [Read More]

Wal-Mart This Work Will Discuss Two Problems

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…… [Read More]

Predatory Lending and the Subprime

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…… [Read More]

Channel Member Marketing Plan

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…… [Read More]

Elizabeth Arden Day Spa Current

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…… [Read More]

Business Law - Sales Issues

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…… [Read More]

Activity Based Costing at Amazon

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…… [Read More]

DWI Is Placed in a

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…… [Read More]

Aristotelian Sense There Are Nearly

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…… [Read More]

Small Business Taking a Small Clothing Store

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…… [Read More]

RFP in Healthcare Industry Request for Proposal

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…… [Read More]

Humans Information Technology It Managers

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…… [Read More]

The Pros and Cons of the Australian Business Judgment Rule

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…… [Read More]

Offshore Financial Centres and Their

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…… [Read More]

Fault An Alternative to the Current Tort-Based

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…… [Read More]

Arkansas Fraud Case Schnur Tarpley

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.…… [Read More]

Business Law- Corporate Responsibility Irresponsible

At some institutions, loans of this type were actually called "liar loans" by brokers, a reference to the obvious fudging of information they represented (Markels 2007).

A substantial portion (if not a large majority) of new home purchases during that time period involved a fraudulent practice of dishonestly inflating the income and financial health of prospective purchasers. In many instances, the real estate brokers and mortgage brokers precipitated this type of falsification of credit worthiness to facilitate high-commission-generating transactions. They stood to profit without any corresponding risk by virtue of the fact that any risk of default on the initial mortgage obligation would be shifted to other lenders and to investors in stocks connected to the value of mortgage securities on Wall Street (Lowenstein 2007). Even worse, during the process of loan negotiation, many homeowners were encouraged to inflate the appraised value of the property for the purposes of maximizing…… [Read More]

Franchising - Selecting the Right

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…… [Read More]

Third Party Supply Industry The First One

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…… [Read More]

Marine Insurance

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…… [Read More]

Real Differences of Substance Between

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)…… [Read More]

Organizational Behavior in Recent Years Particularly During

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…… [Read More]

Texas Instruments and Mattel Questions

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…… [Read More]

Project Management

.....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,…… [Read More]

Naturewise Apparel -- Media Policy

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…… [Read More]

Failure of Mergers

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…… [Read More]

Organizational Performance This Study Pointed

This lack of absorption of the HRD into the whole of the organization is clearly evident and poses severe impediments for the HR staff in their implemental role, leave alone any strategic contribution. Faced with an organizational climate that shows compartmentalization, '"Personnel do personnel work and training people do training work," HRD professionals find managing the professional boundaries a grave problem. (McCracken and Wallace, (2000))

In assessment, the summary of information gathered from the companies in the survey seems to indicate a strong leaning towards the Garavan (1991) characteristics, which indicates that basic training programs and not strategic HRD, is in place in these organizations. Again, there was hardly any evidence for the presence of characteristics suggested by McCracken and Wallace, (2000) which exclude any strategic HRD role in these organizations. Most organizations studied in the survey lacked a mature approach to personnel management and training. While there was not…… [Read More]

Business Information Security vs Government Searching

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…… [Read More]

Corporate Compliance Plan for General

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…… [Read More]

Need for Cultural Change at an Organization

Culture Shift

There is something to be said for the idea that an excessive focus on culture and what makes people different is at some point counterproductive and less than conducive to progress. However, the ignorance of culture and differences between people is fairly to very unwise and it should also be kept in mind that having a strong, defined and proper company culture is necessary for a firm to operate and exist in the proper way. With that in mind, there are times and situations where a culture shift within an organization is required to restore or regain cultural and business continuity for all involved. While upholding the proper amounts of cultural sensitivity can be taxing and expensive, there are situations where it is needed and the proper models to create and shape the same should be used.

Analysis

As noted in the introduction, there is often the need…… [Read More]

Hedge Fund Regulation the Purpose

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…… [Read More]

Economic Impact of Online Identity

The onus of who is responsible, the consumer, the private institutions, or even the government will come into question. A brief revue of the history of the credit card is also in order since the use of "plastic" money has certainly contributed to the identity theft crisis. Past and current legislation will be analyzed regarding this new crime in both its cyber and analog presentations. Lastly, an opinion and possible suggestions for the consumer to help safeguard their identity as well as what government and corporate institutions can do to not only help the consumer avoid identify theft, but if it has occurred, to assist them in rectifying the situation before too much damage is done.

What is Identity Theft? The encyclopedic definition of identity theft is the use of another person's identity, i.e. financial, personal, geographic or other source, to commit fraud or other types of misrepresentation. By using…… [Read More]

Ganga Pharmaceuticals Is a Multinational Indian Corporation

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,…… [Read More]

Life Insurance and Derivatives

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…… [Read More]

Why Did the Dot Com Industry Crashed After the Boom

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…… [Read More]

Leading Channel Management Practices in Supply Chain

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…… [Read More]

The Cost Effectiveness of Using Cloud Computing

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…… [Read More]

Private Equity Firms Have Set

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…… [Read More]

Future Trends for Civil Aviation the Importance

Future Trends for Civil Aviation

The importance of a viable civil aviation sector to national security has been well documented, but the aviation industry continues to struggle with skyrocketing fuel prices and highly regulated operational environment. In this setting, it is not surprising that some civil aircraft engine manufacturers have fallen by the wayside while others have prospered by achieving a competitive advantage of some sort. To identify what strategies have worked and those that have not, this portfolio explores the extent of internationalization in both global retailing and the manufacture of aircraft engines for civil aviation, followed by a review of successful and failed international strategies around the world for these industries including an evaluation of the importance of joint ventures on their respective outcomes. Finally, a summary of the research and important findings are presented in the portfolio's conclusion.

eview and Analysis

Internationalization of the Global etailing and…… [Read More]

Tata Motors Teaches Lessons About Intelligent Acqusition

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…… [Read More]