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FTC's investigation of merger
Google's acquisition of DoubleClick:
Is it monopolistic?
The Internet search company Google dominates the search marketplace to the point that to 'Google' something is synonymous with searching for information. However, maintaining its search engine is only one component of Google's business: to fund its activities, it must sell ads. As well as maintaining Google AdSense, Google recently acquired DoubleClick, which offers another venue for Google to amass advertising revenue. AdSense and DoubleClick are currently conjoined: "an online publisher can set a DoubleClick cookie to tell them what sections of their sites you are browsing. DoubleClick will then judge the type of adverts you might like to see from what you're browsing…. If the cookie is set on a website that is part of AdSense and then you browse another site using AdSense, the same information will be recorded and pooled. Over time, guesses can be…
Federal Trade Commission closes Google/DoubleClick investigation. (2007). FTC.
Geary, J. (2013). DoubleClick: What is it and what does it do?
In addition, within 30 days of the order's final date, notify with a copy of the order by first-class mail or electronic mail with appropriate return receipt/confirmation, every physician who participated in IPAMG since January 1, 2005, every physician who intends to become a member, every current IPAMG officer, director, manager and employee, and every payor with whom IPAMG has a contract. Furthermore, existing contracts may be terminated by appropriate request by the payor, or extended for 1 year per a payor's request for extension. IPAMG is also required to file an official report with the FTC within 60 days from the Order's date and again on every anniversary of the Order's date for 3 years describing in detail how it is complying with the Order, the specifics of any payor with whom IPAMG has contact and the receipts/confirmations from its notifications. IPAMG must also publish an official annual report/newsletter…
Federal Trade Commission. (2009, February 3). In the Matter of Independent Physician Associates Medical Group, Inc., doing business as AllCare IPA, a California corporation. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/os/caselist/0610258/index.shtm
Federal Trade Commission. (2009, February 2). In the matter of IPAMG, a California corporation - Decision and order. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/os/caselist/0610258/090203allcareipado.pdf
Federal Trade Commission. (2012, January 5). About the Federal Trade Commission. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/ftc/about.shtm
The FTC and Public Policy Considerations against Anti-Competitive Behavior
The objective of this work is to discuss the role of the FTC and the public policy considerations against anti-competitive behavior and explain why the conduct of the IPAMG was deemed as anti-competitive behavior by the Federal Trade Commission. Finally, this work will identify the penalty, discuss whether that penalty was fair, and state why it is held to be either fair or unfair.
AllCare is described as a "multi-specialty independent practice association consisting of multiple, independent medical practices" and is stated to be comprised of 500 physician members with 200 of those physicians devoted to primary care in the area of Modesto, California. AllCare is reported to contract with Preferred Provider Organizations (PPOs) to provide fee-for-service medical care. It was alleged in a complaint to the FTC that AllCare had "acted to restrain competition on fee-for-service contracts." (Federal egister…
Federal Register (2009) / Vol. 74, No. 2 / Monday, January 5, 2009. Retrieved from: http://www.ftc.gov/os/fedreg/2009/january/090105independentpractice.pdf
United States of America Before the Federal Trade Commission, In the Matter of: Independent Physician Associates Medical Group, Inc. dba AllCare IPA, a California Corporation -- Complaint (2008) Retrieved from: http://www.ftc.gov/os/caselist/0610258/090203allcareipacmpt.pdf
United States of America Before the Federal Trade Commission, In the Matter of: Independent Physician Associates Medical Group, Inc. dba AllCare IPA, a California Corporation -- Decision and Order (2009) Retrieved from: http://www.ftc.gov/os/caselist/0610258/081224allcaredo.pdf
Crime Victim Complain Form: Identity Theft
Centerville Police Department
101 Centerville Street
Centerville, Kansas, 05699
Date Complaint Filed: July 5, 2011
Crime Victim Complaint Form: Identity Theft
Sally Gertrude Frederick
123 12th Avenue, Centerville, KS 05699
Drivers Lic.: Kansas, 18955243
Length of esidence at Current Address: 3 days
Victim's Previous Home Addresses for Past 5 Years:
435 14th Street, Apt. 233, Centerville, KS 05699
How long at this address: 7-1/2 years
Victim Information at Time of Fraud:
435 14th Street, Apt. 233, Centerville, KS 05699
Drivers Lic.: Kansas, 18955243
The victim declares that she has never authorized anyone to use her personal information to obtain money, credit, loans, goods, services, or for any other purpose, nor has she received any of the same as a result of the events described here. Ms. Frederick also…
Federal Trade Commission. (n.d.). Identity theft victim's complaint and affidavit. Retrieved July, 2011 from http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf
Romanosky, Sasha, Telang, Rahul, and Acquisti, Alessandro. (2011). Do data breach disclosure laws reduce identity theft? Journal of Policy Analysis and Management, 30, 256-286.
In addition, any contracts that were illegally obtained were to be terminated. However, Brown & Toland could continue to negotiate with payors on behalf of physicians if such action was "reasonably necessary to the formation of a 'qualified risk-sharing joint arrangement' or a 'qualified clinically-integrated joint arrangement,' as defined by the order." (Federal Trade Commission, 2004). Therefore, the settlement was aimed only at limiting behavior that prevented the member physicians from freely contracting with the payors, and not at behavior that reflected actual financial or clinical relationships between member physicians.
Federal Trade Commission. (2000). Nine West settles state and federal price-fixing charges.
etrieved November 1, 2005 from Federal Trade Commission. Web site: http://www.ftc.gov/opa/2000/03/ninewest.htm
Federal Trade Commission. (2004). San Francisco's Brown and Toland Medical Group settles price fixing charges. etrieved November 1, 2005 from Federal Trade Commission.
Web site: http://www.ftc.gov/opa/2004/02/browntoland.htm.
Federal Trade Commission. (2000). Nine West settles state and federal price-fixing charges.
Retrieved November 1, 2005 from Federal Trade Commission. Web site: http://www.ftc.gov/opa /2000/03/ninewest.htm
Federal Trade Commission. (2004). San Francisco's Brown and Toland Medical Group settles price fixing charges. Retrieved November 1, 2005 from Federal Trade Commission.
Capitalism and Competition
It is ironic that the FTC video points to the shopping mall as evidence that its anti-trust laws are working, because the mall is going the way of the dinosaur—i.e., many malls are empty, as Amazon has basically killed the bricks and mortar retailers. With Amazon, the e-commerce giant, seeming to take over everything (or at least retail), it does seem at times like there is not much competition in some respects. What I find to be problematic is that Amazon can actually lose money on its retail end (it makes its money mainly through Amazon Web Services—i.e., by providing Internet to companies). With every transaction, Amazon is losing money—but because it is undercutting its competitors, its competitors are going out of business and Amazon gets their market share. As Amazon spreads into other sectors it does seem like it is becoming a trust—but it is still…
Federal Trade Commission ruled on charges of anti-trust leveled against the Wisconsin Chiropractic Association. The WCA and its executive director, Russell A. Leonard, had been charged with organizing a conspiracy among members of the WCA, which represent 90% of the chiropractors in Wisconsin, of conspiring to force health care providers to pay higher rates for chiropractic services than they had previously paid.
According to the proceeding records (FTC, 2003) and published statements by the FTC (FTC, 2000a), the plan began when the federal government as well as many insurance companies adopted new billing codes to cover chiropractic treatments. In addition, two other chiropractors, Michael T. erkley, D.C., and Mark A. Cassellius, D.C., settled with the FTC on similar charges (FTC, 2000a).
The final settlement included about 2,800 words of restrictions on the WCA and Leonard, some of them extending to the year 2020 (FTC, 2003).
The FTC alleged that the…
Brookings Institution. 2002. "The Effect of Antitrust Policy on Consumer Welfare: Assembling the Empirical Evidence." June. Accessed via the Internet 2/27/03. http://www.ftc.gov/be/seminardocs/antitrustpolicy-consumerwelfare.pdf
Federal Trade Commission (FTC). 2000. "Wisconsin Chiropractic Association and Its Director Agree to Settle FTC Charges of Price-Fixing." March 7. Accessed via the Internet 2/27/03. http://www.ftc.gov/opa /2000/03/wischiro.htm.
Federal Trade Commission (FTC). 2000. Docket No. C-3943 Decision and Order.May 18, 2000. Accessed via the Internet 2/27/03. http://www.ftc.gov/os/2000/05/wisconsin.do.htm
Federal Trade Commission (FTC). 2003. "HEARINGS ON7 HEALTH CARE and COMPETITION, LAW, AND POLICY." October 1. Accessed via the Internet 2/27/03. http://www.ftc.gov/ogc/healthcarehearings/031001ftctrans.pdf
Realistically this compliance and assistance should be sought and used before, during and after negotiations with other health care organizations with which this organization might merge or enter a joint venture. Furthermore, the proposed contract itself should be passed by the FTC's Office of the General Counsel or its designee for approval before final ratification of the contract.
In order to merge and operate in a joint venture acceptable to the FTC, the organization must be mindful of Title 15 of the U.S. Code, specifically Section 7 of the Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, and Section 5 of the Federal Trade Commission Act. In addition, due to the FTC's recent special interest in the mergers/joint ventures of health care organizations, particularly but not solely in connection with price fixing, the organization should assume that…
Even non-chiropractic patients would be hurt, as the costs might be passed onto all users of all components of the health insurance plans who were being effectively extorted for money.
The ultimate settlement that emerged prohibited the CA "from fixing prices for any chiropractic goods or services, or the terms of third-party payer contracts," which seems more than fair and reasonable -- it seems overly lenient given the damage that was done ("isconsin Chiropractic Association and its director agree to settle FTC charges of price-fixing," 2008, FTC). However, because price-fixing can be difficult to prove, some of this leniency on the part of the FTC may be due to the need to engage in a settlement rather than a lengthy court battle with the CA. Given the centrality of the organization's head Russell a. Leonard, in engaging in such tactics, demanding his resignation seems not only fair, but reasonable.
Welcome to the bureau of competition." (2008). Federal Trade Commission (FTC) Website. Retrieved 26 Aug 2008 at http://www.ftc.gov/bc/index.shtml
Wisconsin Chiropractic Association and its director agree to settle FTC charges of price-fixing." (7 Mar 2008). Retrieved 26 Aug 2008 at
against Jane claiming to be Hispanic-American in her ads.
The main argument against Jane claiming to be Hispanic-American in her ads is that it is dishonest. Neither she nor most of her employees are Hispanic, and it appears that the ad would violate the concept of truth in advertising and expose her to liability. Likewise, at first blush, it seems as if there are no good arguments for Jane claiming to be Hispanic-American in her ads. However, Jane needs to increase sales to keep the business afloat. Hispanic-American customers may be more willing to buy products from a Hispanic-owned business. The issue becomes whether the fact that Jane is (or, rather, is not) Hispanic is a material fact. If Jane was running a Mexican restaurant, her ethnicity might be critical. However, unless there is something culturally significant about the clothing that depends on Jane's ethnicity, it seems unlikely that her…
Federal Trade Commission. (2001). Advertising FAQ's: a guide for small businesses.
Retrieved from http://business.ftc.gov/documents/bus35-advertising-faqs-guide-small-business
Federal Trade Commission. (Unk.). Advertising and marketing basics. Retrieved from:
Part 1) One proposed merger is Omnicare's bid to purchase Pharmerica (FTC, 2012). The FTC has defined the industry as "long-term care pharmacy" and these are the two largest firms in that industry. The FTC has sued to block this proposed takeover. Pharmerica is the only national competitor for Omnicare. Firms in this industry work with institutions to provide pharmacy services. The industry has some fragmentation, but there are only two national players in Omnicare and Pharmerica. The FTC feels that the combined entity would have such strong bargaining power that consumers would not have adequate choice, prices would rise and suppliers would also suffer from this extreme leverage.
From Omnicare's point-of-view, the merger would give it a dominant position in its industry. Pharmerica is resisting the takeover, as this is a hostile takeover. Pharmerica would likely be absorbed into Omnicare to the detriment of its own operations. Suppliers…
FTC.gov. (2012). FTC sues to block Omnicare's bid to buy rival pharmacy provider Pharmerica. Federal Trade Commission. Retrieved February 3, 2012 from http://www.ftc.gov/opa /2012/01/omnicare.shtm
Investopedia. (2011). Herfindahl-Hirschman Index. Investopedia. Retrieved February 3, 2012 from http://www.investopedia.com/terms/h/hhi.asp#axzz1lFGk3bQ3
Sentementes, G. (2011). I, robot, in the pharmacy. The Baltimore Sun. Retrieved February 3, 2012 from http://articles.baltimoresun.com/2011-04-18/business/bs-bz-bronfein-pharmacy-20110418_1_institutional-pharmacy-robots-michael-g-bronfein
There are a number of different laws that govern fair, balanced and competitive practices. One major category is the antitrust laws. Antitrust laws seeks to create a competitive environment by preventing companies from obtaining the ability to abuse their market positions. Ensuring that each industry and market has a healthy amount of competition has been the work of a series of acts that govern antitrust practices.
The most significant piece of antitrust legislation is the Sherman Act, which was passed in 1890 in order to define antitrust activities. The act was passed in response to monopoly abuses on the part of a number of companies, and the recognition that a successful capitalist economy required at least enough market intervention on the part of government to prevent the formation of unnatural monopolies (FTC, 2014).
There have been subsequent laws that have enhanced the Sherman Act, and refined it, largely…
DoJ (2014). Horizontal merger guidelines. U.S. Department of Justice. Retrieved November 25, 2014 from http://www.justice.gov/atr/public/guidelines/hmg-2010.html
FTC. (2014). The antitrust laws. Federal Trade Commission. Retrieved November 25, 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
FTC. (2014, 2) Price discrimination: Robinson-Patman violations. Federal Trade Commission. Retrieved November 25, 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/price-discrimination-robinson-patman
OUSTR. (2014) Anti-dumping Office of the U.S. Trade Representative. Retrieved November 25, 2014 from http://www.ustr.gov/trade-agreements/wto-multilateral-affairs/wto-issues/trade-remedies/anti-dumping
Other key elements of the website included additional information on other congenital birth defects that the FTC also specialized in. These diseases included; Congenital Cystic Adnomatoid Malformation, ulmonary Sequestration, Gastroschisis and even Urinary Tract Obstruction.
The website included information on numerous other defects suffered by infants and in utero babies. Helpful information contained on the website could also be found on the other pages of the website that are conducive to those individuals who are familiar with the methods of traversing such websites. That information included an easy method for ascertaining and then contacting the correct physician for any particular fetal defect. If an individual, or concerned couple, did not know of what particular defect affected their yet-to-be born child, or just wished to have a physician contact them with further information, the website allowed them to do that as well. The website listed over 900 physicians available for consultation…
Perhaps most importantly, the website seemed to provide a modicum of hope to those people whose circumstances may have seem the most hopeless. With the information provided by the website, people who may have been facing the possibility of a death of a newborn, even before it had been born, could now have some degree of comfort and strength. This seemed to be the strongest point of the website, and perhaps because the website was so straightforward in its approach the comforting derived from the website may have been even stronger than if it had attempted to sugarcoat the reality of the situation.
One of the most interesting aspects of the website was the video that can be watched just by clicking on the link. Many of the attributes of the website, including the video, are copyrighted by Kids 'n' Moms 2006, which could be why the video was so well done. Many of the professional notes included on the website are attributed to Dr. Robert Ball, Perinotologist, FTC, UCSF and Dr. Kerilyn Nobahara, FTC, UCSF.
The website seems to be a perfect mixture of professionalism and down to earth stories, and should be accessible and effective for many individuals.
It is important that we be allowed to pursue our business interests with a minimum of government interference. Given that the FTC and DoJ already enforce antitrust legislation, it seems unethical that the FCC also enforce such codes, specifically focused on our particular business.
I believe DI should support the proposed changes. The company would benefit from the opportunity to expand our media properties both horizontally and vertically. It would also give us greater opportunity to exit the business should we so desire in future. Ethical concerns about media consolidation are largely unfounded, especially in light of the way that the Internet provides a low-cost voice for alternative media outlets. The Telecommunications Act of 1996 has significantly reduced barriers to entry in the television business, so the free market can dictate which outlets will have an audience and which will not. Moreover, the FCC's Fairness Doctrine, upheld by the Supreme…
Klinenberg, Eric. (2006). Mega-Merger Mania. The Nation. Retrieved December 16, 2008 at http://www.thenation.com/doc/20060703/klinenberg
No author. (2008). Hart-Scott-Rodino. Federal Trade Commission. Retrieved December 16, 2008 at http://www.ftc.gov/bc/hsr/
McChesney, Robert W. & Nichols, John. (2008). Who'll Unplug Big Media? Stay Tuned. The Nation. Retrieved December 16, 2008 at http://www.thenation.com/doc/20080616/mcchesney
No author. (2008). Telecommunications Act of 1996. Federal Communications Commission. Retrieved December 16, 2008 at http://www.fcc.gov/telecom.html
Women Pea Coat
This apparel is a wool-blended pea coat selling at a price of 62.80 dollars and available online at Forever 21.com. The length of the pea coat is 32" from the high point shoulder to the where it falls on the thigh or hem. It adapts a traditional, military style silhouette with a slight slim in the middle section with modern proportions. The coat is belted, a sleek without much detail and has a hidden hook-bar closure at the top. It is double breasted with two front slanting pockets in addition to a hidden snap button at the bottom. This coat has a slight Napoleonic collar with sleeves 25" in length from the high pleated shoulder. It is fully lined with 100% polyester with the shell woven and comprising of 48% polyester, 45% wool, 4% acrylic, 2% rayon, and 1% nylon. The apparel is machine washable…
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elements needed to consider while developing a framework that can be used as a guide by educational leaders and parents for the protection of children at school and at home. esearch areas will include law enforcement agencies, various information systems security sites that provide security solutions that can be implemented in schools and in the home, other avenues of research will include interviews with a multitude of technical personnel proficient in hardware, software and network technology utilized for computer security.
The purpose of this dissertation is to provide recommendations from experienced practitioners of detailed, hands on instruction or guides that even the computer illiterate parent or senior caregiver can use to…
Atkinson, E.N. (1995). Interactive dynamic graphics for exploratory survival analysis. The American Statistician, 49(1), 77.
Barker, C., & Groenne, P. (1996). Advertising on the World Wide Web. [online]. Available: http://www.samkurser.dk/advertising/research.htm[1998, April 6].
Bever, T.G., Smith, M.L., Bengen, B., & Johnson, T.G. (1975). Young viewers' troubling response to TV ads. Harvard Business Review, 54, 109-120.
Cai, X., & Gantz, W. (2000). Online privacy issues associated with Web sites for children. Journal of Broadcasting & Electronic Media, 44(2), 197.
This limits the ability for businesses to make use of telemarketing as an advertising technique. hile most people feel that telemarketers are an annoyance, above all else, telemarketers have also been accused of deceptive practices. This act will make it easier to regulate businesses that use telemarketers. Already, in November 2007, "the FTC announced six settlements and a federal court action against companies that violated the Do Not Call provisions of the Telemarketing Sales Rule, resulting in millions of dollars in civil penalties for rule violations" (FTC Chairman and Commissioners Testify Before Senate Committee on Commerce, Science, and Transportation on proposed 'Federal Trade Commission Reauthorization Act of 2008'," FTC: Office of Public Affairs, 2008).
Overall, the most potentially significant aspect of the act is its provisions regarding subprime mortgages. The dream of American home ownership for a long time has been taken as a given. However, legislators are beginning to…
Blumenthal, Rob & Jenilee Keeft. "Inouye and Dorgan Introduce Bill to Reauthorize Federal Trade Commission." 8 Apr 2008. 10 Jun 2008. http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=4585a51b-530e-4d5a-8c95-a627b52d1573&Month=4&Year=2008
FTC Chairman and Commissioners Testify Before Senate Committee on Commerce,
Science, and Transportation on proposed 'Federal Trade Commission Reauthorization Act of 2008'" FTC: Office of Public Affairs. 8 Apr 2008. 10 Jun 2008.
" (Schlossberg, 2004)
FERC analyzed while making a review of the electric utility mergers proposition, the transaction being proposed "likely effect" on (1) competition;
(2) rates; and (3) regulation. (Schlossberg, 2004)
There are stated to be "no antitrust exemptions for transactions subject to FERC review and such mergers are regularly reviewed by either the Federal Trade Commission (FTC) or the Division." (Schlossberg, 2004) The Securities and Exchange Commission had previously held jurisdiction for reviewing acquisitions of stock of electric utility companies however, the authority provided under the Public Utilities Holding Company Act of 1935 was repealed in 2005.
III. FORESEEAILITY DOCTRINE REHAILITATION
The work of Trujillo (2006) entitled: "State Action Antitrust Exemption Collides with Deregulation: Rehabilitating the Foreeseability Doctrine" states that a capitalist society that has policies which were established for the purpose of regulating "the promotion of competition in traditionally regulated industries such as the electrical market seems counterintuitive.…
Ewing, Saul (2007) FTC Complaint May Seek to Erode 'State Action' Immunity of Utilities. Staying Ahead Bulletin April 2007. Utility Law. Online available at: http://www.saul.com/common/publications/pdf_1285.pdf
Schlossberg, Robert S. (2004) Mergers and Acquisitions: Understanding the Antitrust Issues. American Bar Association 2004. Google, Books Online available at: http://books.google.com/books?id=JmcoRxfB1OsC
Trujillo, Elizabeth (2006) State Action Antitrust Exemption Collides with Deregulation: Rehabilitating the foreseeability Doctrine. Fordham Journal of Corporate & Financial Law. Online available at: http://findarticles.com/p/articles/mi_qa4048/is_200601/ai_n16410098/
The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, which was allegedly used to launder money, was also part of the indictment. The charges include 77 counts of money laundering, 12 counts of mail fraud and four counts of bank fraud (Berkeley president, others indicted for fraud, 2006).
After the Grand Jury indictments were handed down The U.S. Attorney's Office in Cincinnati filed a new complaint against Berkeley Premium Nutraceuticals that included the freezing of various assets worth almost $2 million. The complaint alleged that Berkeley owner Steven Warshak and others participated in a complex, large scale mail and wire fraud operation. This amounted to another felony charge being added to the long list that had already been handed down. The frozen assets…
1. Berkeley Nutraceuticals files for Chapter 11 bankruptcy. (2008). Retrieved June 10, 2009, from Business Courier Web site:
2. Berkeley Premium Nutraceuticals, Inc. (2009). Retrieved June 10, 2009, from Business Courier
As expected to prove H3, the fourth graders could recall a median of 6 items about the ad while the first graders recalled a median of 4 items.
The ultimate conclusion of the researchers was that children "can recall a reasonable amount of information from a single exposure to a television advertisement and are capable of sharing information accurately" (Maher et al., 2006, p. 30). The authors view their work here as a beginning point for further study. In the conclusion to the article, they suggest that the next step would be to see how much children recall if they were in an unstructured environment and perhaps not paying close attention to the advertisement as the children in this experiment did.
International food advertising, pester power and its effects"
In a British study directed by Laura McDrmott, Terry O'Sullivan, Martine Stead, and Gerard Hastings the power of pestering by children…
FTC not sweet on junk-food ads targeting children. (2006, Nov. 7). The Washington
Post, p. A1.
Maher, J, Hu, M. & Kolbe, R. (2006). Children's recall of television ad elements.
Journal of Advertising, 35(1), 23-33.
Private University is selling a share, or something else. At the outset of the Act, "security" is defined as "any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate…" and many others are subject to the law. The key is that the security creates a share of income for the holder, whether in the form of debt or equity. Options for later purchase are also included in the definition of security.
The asset in question is a "share" that entitles the bearer to college credits in any school at the future date. A college credit is not a claim to a cash flow, nor it is claim to equity. Therefore, this is not a security. Rather, it is a coupon by which a product can later be acquired. There is no difference between this asset…
FTC. (2013). The antitrust laws. Federal Trade Commission. Retrieved May 2, 2013 from http://www.ftc.gov/bc/antitrust/antitrust_laws.shtm
FTC. (2013). Horizontal merger guidelines. Federal Trade Commission. Retrieved May 2, 2013 from http://www.ftc.gov/os/2010/08/100819hmg.pdf
Securities Act of 1933. Retrieved May 2, 2013 from http://www.sec.gov/about/laws/sa33.pdf
Stewart, J. (2011). Antitrust suit is simple calculus. New York Times. Retrieved May 2, 2013 from http://www.nytimes.com/2011/09/10/business/att-and-t-mobile-merger-is-a-textbook-case.html?pagewanted=all
They worked with the FTC to define the following four Fair Information Practices, rules designed to prevent companies from abusing the information they receive through online profiling (Computer law tip of the week, 2000):
Rule 1 (Notice): A company must notify customers that it uses online profiling to track their online habits. If it collects personally identifiable information about customers, such as their names, addresses or telephone numbers, the company's website must clearly and unambiguously notify them of this fact before the company collects this information.
Rule 2 (Choice): Depending on the type of information a company collects, there must be opt-in and opt-out options. Opt-in, or obtaining the customer's permission, is required to link personally identifiable information that a company has about a customer such as name, address or telephone number with data acquired about Web surfing habits. Opt-out means that the customers have to be given the chance…
Arnis, D. (2000, Feburary 1). Online profiling: A threat or a benefit?. http://www.netfreedom.org/news.asp?item=106
Berman, J. (2000, May 25). Privacy online: Fair information practices in the electronic marketplace. http://www.cdt.org/testimony/000525berman.shtml
Clickstream concerns. http://cse.stanford.edu/class/cs201/projects-00-01/cookies/index.html
Computer law tip of the week (2000, August 14). http://www.mgrossmanlaw.com/articles/2000/online_profiling.htm
Some of the violations of civil and human rights that have resulted for the PA include "aggressive deportations, crackdowns at borders, surveillance of mosques and homes...destroyed livelihoods, splintered families and the loss of a sense of belonging and citizenship," the group asserts on their eb site. Moreover, many peace activists, demonstrators at anti-war rallies, animal-rights groups, student organizations, and critics of the U.S. policy towards Cuba, have been monitored and added to FBI and CIA databases as potential "enemies of America."
ID CHIPS: An article in ABA Journal (Tebo, 2006) points out that employees of some companies are being asked to have ID chips implanted in their arms so their employers "can monitor their movements," Tebo writes. And while the company that is using these ID chips, (www.Cityatcher.com) can rightly say absolute security is pivotal to their customers, many experts, the article continues, "worry that the law is not…
American Civil Liberties Union. (2006). Federal Court Strikes down NSA Warrantless
Surveillance Program. Retrieved 27 Oct. 2006 at http://www.aclu.org/safefree/nsaspying/26489prs20060817.html .
Berghel, Hal. (2006). Phishing Monger and Posers. Communications of the ACM, 49(4), 21-25.
Eggan, Dan. (2005). Bush Authorized Domestic Spying. Washington Post, Retrieved 27 Oct, 2006, at http://www.washingtonpost.com .
Identity Theft: Understanding of the Concept of Protecting Personal Information
The recent scandal involving stolen credit card and personal information from Target consumers over the Thanksgiving 'black Friday' shopping holiday weekend dramatically highlighted the risks of even using a simple credit card. Identity theft -- whether of credit card numbers, social security numbers, or other vital private information -- is a constant, very real worry for many consumers. Depending on the nature and type of the identity theft, a variety of remedies are available although there is no single, surefire solution that will always protect one's identity online or at brick and mortar stores. Thanks to the ubiquity of technology, identity theft is far easier and more common than it was in previous generations.
If you suspect that your credit-related information has been stolen, the first step is to place a fraud alert with one of the three major credit…
Create an identity theft alert. (2014). FTC. Retrieved from:
EFF's top ways to protect your online privacy. (2002). EFF. Retrieved from:
Antitrust Laws: Apple's Case
Competition is a vital element of any vibrant marketplace. Thanks to competition, both businesses and individuals get to benefit from lower prices, increased product variety, higher-quality commodities, and greater innovation. Antitrust laws are meant to ensure that consumers are protected from unfair business practices and anticompetitive mergers, and that consequently, effective levels of competition are created and sustained in the economy.
Antitrust laws differ from country to country and, at times, from jurisdiction to jurisdiction. In the U.S., antitrust laws include the Sherman Act of 1890 and the Federal Trade Commission and Clayton Acts, both of 1914 (FTC, 2014). The Sherman Act, whose violation is punishable by criminal law, outlaws any attempts to monopolize a market or restrain trade through rig bids, divide markets, or price fixation (FTC, 2014). The Federal Trade Commission Act, on the other hand, illegalizes any '"unfair methods of competition' and 'unfair…
Carmody, T. (2012). DOJ Files Antitrust Suit against Apple and Five Publishers over E-Book Pricing. Wired. Retrieved 1 March 2014 from http://www.wired.com/2012/04/doj-files-antitrust-suit-against-apple-and-five-publishers/
Catan, T., Trachtenberg, J. & Bray, C. (2012). U.S. Alleges E-Book Scheme. The Wall Street Journal. Retrieved 1 April 2014 from http://online.wsj.com/news/articles/SB10001424052702304444604577337573054615152
FTC. (2014). The Antitrust Laws. Federal Trade Commission. Retrieved 1 March 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
Herther, N. (2013). Apple Gambles on Winning E-Book Antitrust Suit. Information Today. Retrieved 1 April 2014 from http://newsbreaks.infotoday.com/NewsBreaks/Apple-Gambles-on-Winning-Ebook-Antitrust-Suit-90274.asp
Unethical Practices in Marketing: Deceptive Marketing
Business ethics requires that business organizations should act in a manner that is morally and ethically upright. One of the areas where ethical behavior is crucial is marketing. Marketing is one of the major functions within an organization. It is basically concerned with communicating and reaching out to customers in an attempt to promote products, services, and/or brands. Nonetheless, unethical behavior in marketing is not a rare phenomenon. There are often instances of misleading or deceptive advertising, exaggerated claims, using fear tactics, spamming, exploitation, and other practices that fit the unethical tag. If not addressed, these practices can in the long run affect an organization's reputation. Deceptive marketing is one of the common forms of unethical behavior within the marketing realm. This paper discusses this practice. Following a definition of deceptive marketing, the paper pays attention to regulations for deceptive marketing and…
Competition Bureau. (2015). False or misleading representations and deceptive marketing practices. Retrieved from http://www.competitionbureau.gc.ca/eic/site/cb - bc.nsf/eng/03133.html
DeMers, J. (2017, May 17). 5 common unethical marketing practices: are you guilty. Forbes. Retrieved from https://www.forbes.com/sites/jaysondemers/2017/05/17/5-common- unethical-marketing-practices-are-you-guilty/#385ba03c2f27
Federal Trade Commission (FTC). (n.d.). Truth in advertising. Retrieved from https://www.ftc.gov/news-events/media-resources/truth-advertising
Ferrell, O., & Hartline, M. (2014). Marketing strategy: text and cases. 6th ed. Boston: Cengage Learning.
Custom Woodworks, Inc.
Overview of Small Business in America
Finding a definition of what is meant by small business can be difficult. Even the small business administration has difficulty agreeing as to what is meant by a small business. Currently, the small business administration considers a small business to be one that has fewer than 250 employees, or wholesalers whose annual sales amount to less than $5 million. For retail establishments, they must have less than $1 million a year (Blackford, 2003). This was the definition that has been used since 1953. However, 30 years later, of the size of businesses grew and the small business administration adjusted their definition to any firm with 500 or fewer employees. However, it also noted that an acceptable number of employees differed by industry group. etail sales only firms must have 100 or fewer employees to be considered in the small business category…
Arkansas Small Business and Technology Center (ASBTDC) (n.d.) Marketing for Small Businesses. Retrieved February 16, 2011 from http://asbdc.ualr.edu/business-information/4502-small-business-marketing.asp
Bassi, L., & McMurrer, D. (2005) What to do when people are your most important asset, Handbook of Business Strategy, 6 (1): 219-224.
Black, T. (2010). How to Improve Your E-Mail Marketing. Inc.com. Retrieved February 16, 2010 from http://www.inc.com/guides/2010/05/email-marketing-tips.html
Blackford, M. (2003). A History of Small Business in America. Chapel Hill University of North Carolina Press,
Bay-Cheng, L.Y. (Aug., 2001). SexEd.com: Values and norms in Web-based sexuality education. Journal of Sex Research, 38(3), 241-251.
Beebe, T.J., Asche, S.E., Harrison, P.A., & Quinlan, K.B. (Aug., 2004). Heightened vulnerability and increased risk-taking among adolescent chat room users: Results from a statewide school survey. Journal of Adolescent Health, 35(2), 116-123.
Borzekowski, Dina L.G. & Rickert, Vaughn I. (2001b). Adolescent cybersurfing for health information: A new resource that crosses barriers. Archives of Pediatrics and Adolescent Medicine, 155, 813-817.
Brown, J.D. (Feb., 2002). Mass media influences on sexuality. Journal of Sex Research, 39(1), 42-45.
The possibility exists that the company could go bankrupt if these fines are levied. Therefore, all of the top people at Google, as well as its top stock holders, have a particular interest in seeing this issue resolved in Google's favor, as their incomes depend on it. Google's lawyers also have an interest in seeing this resolved amicably for the company, as a large portion of their income comes from their work for Google, and because it will shine a favorable light on them as attorneys to be able to win this case for their client.
The top company executives who are present in the audience include the president, vice-president, and the heads of all of Google's departments, including the heads of Google's other products, such as Google +1, Blogger, YouTube, Google Voice, and others. These are all people who could be out of work, or even bankrupt themselves, if…
CS and Green Marketing
Green Marketing and Corporate Social esponsibility
This essay examines green marketing and corporate social responsibility practices. In particular, the paper examines the practice of greenwashing, and discusses companies' willingness to exploit green marketing for competitive advantage. The essay also reviews the legitimate use of green marketing as a means of promoting responsible environmental stewardship.
Green marketing involves the promotion of products that are marketed as being environmentally safe or beneficial. The practice had its beginnings in Europe in the early 1980s when certain products were found to be harmful to the earth's atmosphere. As a result, new types of products were created, called green products, which were less damaging to the environment. The green product movement grew quickly in the United States and has continued growing steadily ever since (Green Marketing, 2011).
Also known as sustainable marketing, environmental marketing, and ecological marketing, green marketing consists of…
Economist's View, 2005. Why go Green? Product differentiation or Fox in the Henhouse? [Online] Available at: [Accessed 16 July 2011].
Environmental Leader, 2011. Americans Give Green Marketing Claims Too Much Credit, Study Finds. [Online] (Updated 2011) Available at: [Accessed 16 July 2011].
Green Marketing, 2011. [Online] (Updated 2011) Available at: [Accessed 16 July 2011].
GreenerDesign Staff, 2009. Companies Develop Green Products to Differentiate and Lead: Survey. [Online] Available at: [Accessed 16 July 2011].
Consumer Reporting Agency - Safeline US, LLC
A consumer reporting agency, as per the definition outlined by the Fair Credit Reporting Act (FCRA), “means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties…” (Federal Trade Commission - FTC, 2012). Thus, in essence, Safeline is indeed a consumer reporting agency. This is more so the case given that true to the definition outlined above, the company is organized on a cooperative nonprofit basis and collects tenant information with a purpose of availing reports to members (third parties) on troublesome tenants.
In response to Jane Doe’s Attorney, it is important to note from the onset that Safeline is not in contravention of the Fair Credit Reporting…
hen a Social Security number is stolen, contacting the Social Security Administration can help to place a watch on its use as well (SSA 2009). This particular problem can lead to many complications, as obtaining a new Social Security Number can create many difficulties for the victim while keeping the old number might allow the thief to continue using the victim's identity (SSA 2009). Generally, though, a new number is not necessary to stop most identity thieves.
The government also plays a major role both in preventing identity theft and in addressing both the victims and the thieves after the crime has been committed. The Social Security Administration has set limits on the number of replacement cards an individual may obtain, as well as new and more stringent methods of identity verification when fulfilling a request for replacement cards (SSA 2009). Though this can also make things more difficult for…
FTC. (2009). "About Identity Theft." Federal Trade Commission. Accessed 2 October 2009. http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/about-identity-theft.html#shouldyoufileapolicereportifyouridentityisstolen
ITRC. (2009). Identity Theft Resource Center. Accessed 2 October 2009. http://www.idtheftcenter.org/index.html
SSA. (2009). "Identity Theft." Social Security Administration. Accessed 2 October 2009. http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_lva=&p_li=&p_accessibility=0&p_redirect=&p_page=1&p_cv=2.35&p_pv=&p_prods=&p_cats=16%2C35&p_hidden_prods=&cat_lvl1=0&p_search_text=&p_new_search=1&p_search_type=answers.search_nl
USDOJ. (2009). "Identity Theft." United States Department of Justice. http://www.usdoj.gov/criminal/fraud/websites/idtheft.html#whatdoing
In this article, the author describes the technological, demographic, and market forces shaping this new digital media culture and the rich array of Web sites being created for children and teens. Many nonprofit organizations, museums, educational institutions, and government agencies are playing a significant role in developing online content for children, offering them opportunities to explore the world, form communities with other children, and create their own works of art and literature. For the most part, however, the heavily promoted commercial sites, sponsored mainly by media conglomerates and toy companies, are overshadowing the educational sites. ecause of the unique interactive features of the Internet, companies are able to integrate advertising and Web site content to promote "brand awareness" and "brand loyalty" among children, encouraging them to become consumers beginning at a very early age. The possibility that a child's exploration on the Internet might lead to inappropriate content, aggressive advertising,…
Hansen, C. (2003). Catching potential Internet sex predators [Electronic Version]. MSNBC. Retrieved 27-
7-2006 at http://www.webcitation.org/5JcD9Dul1
Cassell, Justine and Cramer, Meg (2004) High Tech or High Risk: Moral Panics about Girls Online. Center for Technology & Social Behavior. online available at
The same survey quoted by Ries noted that 92% of respondents do not trust online companies to keep personal information confidential and 82% believe that the government should regulate use of personal information by online companies. (FTC Study, 2-3)
If companies do not respond, not only will business stand in danger of being over-regulated by the government, but also consumers may not trust sites and withdraw their business. This was recognized, not by a liberal publication, but the stalwart defender of capitalism known as Business eek. To stem consumer privacy fears, the publication proposed a four-point plan to protect online consumer privacy through relatively non-invasive federal legislation. The plan has the added advantage of being similar to the data privacy requirements adopted by the European Union, another concern, given the increasingly international nature of internet commerce -- and it might be added the United States cannot afford to lag behind…
Business Week. (29 Mar 2000) "Online Privacy it's time for rules in Wonderland." Retrieved 5 Mar 2005 from www.businessweek.com.Online version, www.businessweek.com/2000/00_12/b3673001.htm
FTC. (2000) "Privacy Online." A Report to Congress. Retrieved 5 Mar 2005 from www.ftc.gov/privacy/index.html
Ries, David. (2001) "Protecting online consumer privacy: an overview." Pbi.org. Retrieved 5 Mar 2005 at http://www.pbi.org/Goodies/privacy/privacy_ries.htm
Luther Terry was the Surgeon General of the United States during the Kennedy Administration and the first part of the Johnson Administration, from 1961 to 1965. Terry changed the nature of the office, which until that time was obscure enough so that many Americans did not know there was such a post. Since Terry's time, and specifically because of one important action he took, the office of Surgeon General has been more prominent, taking the lead in public health issues and ruffling feathers in many American industries. Terry issued his report on smoking and its dangers in 1964, leading to the greater prominence of anti-tobacco forces, the warnings on cigarette packages, the banning of cigarette ads on television and radio, and recently court and legislative actions taken against the tobacco industry after decades of resistance.
Terry's action in issuing the report on smoking is much better known than Terry himself,…
History of the 1964 Surgeon General's Report on Smoking and Health. http://www.corporate-business-training.com/stink/Pro/1964SGR.html.
History of the Office of the Surgeon General." 2002. http://www.surgeongeneral.gov/library/history/sghist.htm .
Kluger, Richard. Ashes to Ashes. New York: Alfred A. Knopf, 1996.
Parascandola, John. "The Surgeons General and Smoking." Public Health Reports 112 (19 Sept 1997), 440-432.
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
Bakan, J. "Childhood Under Siege: How Big Business Targets Children." (Simon and Schuster, 9 Aug 2011)
Hill, K. "Facebook Added 'Research' To User Agreement 4 Months After Emotion Manipulation Study." Retrieved November 17, 2014, from http://www.forbes.com/sites/kashmirhill/2014/06/30/facebook-only-got-permission-to-do-research-on-users-after-emotion-manipulation-study/
Jacobsen, D., & Idziorek, J. "Computer Security Literacy: Staying Safe in a Digital World." (CRC Press, 27 Nov 2012)
Kramer, A.D.I. Retrieved November 17, 2014, from https://www.facebook.com/akramer/posts/10152987150867796
Perkins - who had retired at the age of 70 but was coming back on the board - had by this time muscled his way into a powerful position within the HP community; he and his powerful board ally, George Keyworth, held special "technology committee" meetings with key HP people the day before each board meeting. Stewart writes that Perkins' little group actually became a "board within a board," and Perkins' power grew. His disenchantment with Fiorina also grew. Fiorina was apparently losing the confidence of the board, and Perkins was the central figure in that movement away from Fiorina. Prior to the retreat, which was alluded to earlier in this paper, there was a board meeting scheduled, and before that meeting, Keyworth and Dunn approached Fiorina and urged her to "express concerns about Hewlett-Packard's performance, stock price, unfavorable press, and need to reorganize," Stewart continues.
Although Fiorina showed resistance…
Bloomberg. "HP chief opposes board vote plan." Retrieved 12 March 2007 from Australian it
Broache, Anne. "HP execs: Spy scandal was ethical wake-up call." CNET News.com. Retrieved 13 March 2007 at http://www.news.com .
Fried, Ina. "HP denies pretexting former employee." CNET News.com (2007) Retrieved 13 March 2007 at
How can the trend toward increased alcohol consumption in teenagers be reduced? The answer to this critical societal question is being addressed by a number of researchers. It is believed that advertising offers a potential explanation for the rise.
In 1999, the .S. Federal Trade Commission called for the alcohol industry to modify its practices in order to limit underage exposure to alcohol advertising (Federal Trade Commission [FTC], 1999). According to a report by the Center on Alcohol Marketing and Youth (CAMY, 2002), however, the industry may not have responded. According to guidelines announced in September 2003 by the Beer Institute and the Distilled Spirits Council of the nited States, underage youth should not constitute more than 30% of the audience for alcohol advertisements. The Center on Alcohol Marketing and Youth (CAMY) at Georgetown niversity recently found that more than 25% of the radio commercials that aired for…
U.S. Federal Trade Commission (1999). FTC Reports on Industry Efforts to Avoid Promoting Alcohol to Underage Consumers (FTC Press Release). Available: http://www.ftc.gov/opa / 1999/9909/alcoholrep.htm. Retrieved: November 20, 2002
US Newswire (2003) " African-American Youth Overexposed to Alcohol Advertising, According to Center on Alcohol Marketing and Youth." 1066.
US Newswire ( 2003) "Hispanic Youth Exposed to More Alcohol Advertising Than Non-Hispanic Youth, Report Finds." 1008.
Marketing context, problem recognition is having an awareness of need. The marketer needs to understand the difference between the desired state and the actual condition. This is the first stage of the consumer buying process (No author, 2012). Consumer needs are determined by a variety of influences. The situational influences include time and place in which the consumer is. Consumer influences include the consumer's preferences, available money and the level of need or desire at a given moment in time. The marketing influences are the awareness that the consumer has of different product/service options, and the feeling that the consumer has about those products/services.
Hunter (2012) outlines five types of shoppers. Loyal customers are the biggest customer group for most businesses. They do not need to be attracted to the product, but can be induced to purchase more, or more frequently. Discount customers tend to purchase the product/service only when…
BSI. (2011). Balanced scorecard basics. Balanced Scorecard Institute. Retrieved February 16, 2012 from http://www.balancedscorecard.org/BSCResources/AbouttheBalancedScorecard/tabid/55/Default.aspx
FTC. (2012). CAN-SPAM Act: A compliance guide for business. Bureau of Consumer Protection. Retrieved February 16, 2012 from http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
Hunter, M. (2012). The five types of shoppers. Business Know How. Retrieved February 16, 2012 from http://www.businessknowhow.com/marketing/shoppertypes.htm
Law, G. & Lee, S. (1999). Consumers' trust in a brand and the link to brandy loyalty. Journal of Market Focused Management. Vol. 4 (1999) 341-370.
Financial analysis is a tool that allows third parties to analyze corporate financial statements. One of the main reasons that the Securities and Exchange Commission requires that statements are compiled and presented in a consistent manner is to ensure that third parties will be able to use the statements to compare different companies. These comparisons can, among other things, help with investment decisions. This paper will compare PepsiCo and Coca-Cola Company, the two leading soft drink marketers in the world. PepsiCo is actually the larger of the two companies, because it is more diversified, with its snack food properties. These properties also alter the company's finances, creating certain points of difference between the two companies. This report will cover a number of different forms of financial analysis, arriving at a conclusion about which company has the stronger financial position.
The first set of ratios to be studied…
FTC. (2010). FTC puts conditions on PepsiCo's $7.8 acquisition of two largest bottlers and distributors. Federal Trade Commission. Retrieved May 19, 2012 from http://www.ftc.gov/opa /2010/02/pepsi.shtm
Leckey, A. (2010). Coca-Cola Co. outlook strong after big acquisition. Los Angeles Times. Retrieved May 19, 2012 from http://articles.latimes.com/2010/oct/31/business/la-fi-leckey-20101031
Loth, R. (2012). Financial ratio tutorial. Investopedia. Retrieved May 19, 2012 from http://www.investopedia.com/university/ratios/#axzz1vG92KPwm
MSN Moneycentral: PepsiCo. (2012). Retrieved May 19, 2012 from http://investing.money.msn.com/investments/stock-income-statement/?symbol=PEP
Tobacco arketing: Get Them Young or Not at All
The tobacco industry has been in a battle to capture the youth market for decades mainly because of the degree of brand loyalty that is characteristic of cigarette smokers. Cigarette companies have a lot at stake in making sure that their brand is one of the first tried by the young smoker. In its bid to obtain young smokers, R.J. Reynolds created the Joe Camel campaign with a cool character that youths found highly appealing and the company created fierce advertising, promotional, and sales campaigns to take their message to market. The Joe Camel campaign proved to be one of the most successful bids to capture young smokers in tobacco history. Ultimately, its tremendous success was in part the reason for the campaign's eventual downfall, as public outcry demanded that cigarette companies stop marketing to adolescents and as courts gained…
Magazine Ads. http://www.costkids.org/targetingkids/magazineads.htm (26).
Boyles, Salynn. "Joe Camel May Be Gone, But Legacy Lives On." WebMD Medical News, Aug 15, 2001. http://my.webmd.com/content/article/1728.86774 (26 Nov. 2002).
Tobacco Marketing To Young People, Young People: A Key Expansion Market. http://www.infact.org/youth.html (26).
Magnuson-Moss arranty Act: A Purposeful Venue warranty is a written statement or promise prepared typically prepared by the manufacturer of a product ensuring it's quality. It is a commitment made by the manufacturer or seller that they represent and will stand by the product in the event of loss, breakage or other malcontent. arranties serve many purposes. They ensure that competition for products is maintained in the marketplace. They provide customers with a means to replace broken, malfunctioning or worn products purchased from manufacturers and sellers. They also provide great customer satisfaction by allowing peace of mind. Customers are more apt to feel that they purchased a worthwhile product, and have an outlet to return the merchandise should something go awry.
In 1975 Congress passed the Magnuson-Moss arranty Act, in an effort to better regulate and monitor "written" warranties provides by manufacturers and sellers. This Act governs all federal consumer…
Grimes, Kevin and Reese, Spencer. "Magnuson-Moss Warranty Act" 2002. February 29, 2003 http://www.mlmlaw.com/library/guides/ftc/warranties/undermag.htm
Dr. Performance. "Understanding the Magnuson Moss Warranty Act" 2002. March 1, 2003 http://drperformance.com/performance_warranty.html
Understanding the Magnuson Moss Warranty Act" Dr. Performance, 2002
Patton, Stewart. "Consumer Disputes Under the Magnuson Moss Warranty Act are Subject to Arbitration Provision" 2002. http://www.jtexconsumerlaw.com/Magnuson.pdf
Since the store sells clothing and accessories, it's highly visual and isn't quite so dependent on language and such related issues, one needn't worry about translation as much.
When it comes to government, it will be necessary to acquaint oneself with the laws of merchant selling online in each of the respective countries where one will be shipping items to. The most crucial aspect about infrastructure is that the shipping part of the business needs to be completely tight: this refers to shipping and production. Once an order is place online, it needs to be shipped immediately to the buyer. "Annually, new and established online sellers will see dozens or even hundreds of packages that fail to arrive -- lost or damaged in the conveyor belts and trucks meant to carry them to customers. Be prepared to manage both the cost of lost items and the problem of disappointed customers"…
Aicpa.com. (2013). Executive Summary. Retrieved from aicpa.com: http://www.aicpa.org/interestareas/forensicandvaluation/resources/electronicdataanalysis/downloadabledocuments/top-5-cybercrimes.pdf
Ftc.gov. (2000, March). Electronic Commerce: Selling Internationally A Guide for Businesses. Retrieved from ftc.gov: http://www.business.ftc.gov/documents/alt067-electronic-commerce-selling-internationally-guide-businesses
Roggio, A. (2013, July 18). 5 Things I Wish I Knew Before Opening an Ecommerce Business. Retrieved from ecommerce.com: http://www.practicalecommerce.com/articles/4105-5-Things-I-Wish-I-Knew-Before-Opening-an-Ecommerce-Business
SBA.gov. (2013). Online Business Law. Retrieved from sba.gov: http://www.sba.gov/content/online-business-law
The ubiquity of online media has prompted the magazine to reduce its rate of print publications to 10 from 12 publications a year, and cut its print subscriptions in favor of digital advertising. This will also allow for greater segmentation, as it can more easily create "digital single topic editions, mobile applications, e-reader products and videos" of specific interest to segments of its core consumer base, and hopefully draw more advertisers who wish to target their publications online (Bell 2009). It can also feature general articles and condensed stories to suit the desire of readers still seeking the Reader's Digest compressed form that tells them 'everything they need to know.' Through the online website, searchers can select what stories interest them the most.
Industry environment (Porter's Five Forces)
Reader's Digest is currently in a medium with very low barriers to entry -- virtually anyone can start a blog about…
Bell, Lauren. (2009). Reader's Digest pulls back print, focuses on digital. DM. (Direct
Marketing). Retrieved October 11, 2009 at http://www.dmnews.com/Readers-Digest-pulls-back-print-focuses-on-digital/article/138808/
Historical Perspectives of the Reader's Digest. (2008). Focusing on Words. Retrieved October
11, 2009 at http://www.wordfocus.com/word-RD-intro.html
For the patient, there are equally negative consequences, such as medical identity theft, financial loss and potential damage to their health. Medical identity theft can result in erroneous entries to the patient's health care records, which can affect the patient's medical and financial records for a long time (Federal Trade Commission, 2003 & 2007). In each medical facility, there is a need for trained professionals who can properly process Release of Information (ROI) requests. These individuals must also be able to make properly disclosures of request to first and third parties for the preservation of the integrity of the data and the privacy of the PHI. Moreover, these trained professionals cannot become complacent or corrupt, as this can lead to loss of privacy and security of the PHI (ittleton Police Department, 2004).
The Health Insurance Portability and Accountability Act (HIPAA) was an attempt by Congress in 1996 to reform the…
Law enforcement categories medical identity fraud into two types: organized crime and individual identity theft.
An example of individual identity theft occurred at the University of Connecticut when a man with HIV utilized his cousin's health insurance information without the cousin's knowledge to receive approximately $76,000 worth of medical care and treatment (University of Connecticut, 2005).
The privacy and security review process identifies the strengths and weaknesses of the existing system of health care information management. Central to the review process is
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC…
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 . Accessed January 23, 2007.
Business ethics has become a serious subject of discussion the world over because of the rather intricate complexities attached to it. There are so many different facets to business related ethical problems that everyday something new emerges that needs to be tackled in the light of current legal structure or philosophical framework. The case of Patricia Dunn from HP might also sound like one of those complicated cases of ethics that need to be studied closely to reach a more reasonable solution. This case also highlighted the issue of pretexting which is strictly prohibited under California state law. Many people who had no way of knowing what pretexting meant learned about this ethical issue and hence something new was learned during the hearing of the case. We must understand that while each new major business ethics case might seem more complicated than the last one or even unique in some…
Federal Trade Commission: Pretexting. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre10.shtm
Biographies of HP board members. http://www.hp.com/hpinfo/investor/board.html
"Dunn charged in leak case" Accessed online from http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aud2XbLOFANc
The common guiding principles of economics provide little direction. As a consequence, U.S. international tax policy is a clutter of rules with a diversity of political and economic reasons. It is frequently described as a concession that strikes a balance. Policy leans toward tightening foreign tax rules and putting foreign income on equal footing with U.S. income when it is thought that foreign investment hurts the U.S. economy. Then policy leans toward relaxing the rules and giving foreign income favorable treatment if it is thought that foreign investment promotes U.S. interests (Sullivan, n.d.).
Due to the fact tat every government charges taxes by its own process and at its own rates, the ensuing system of international taxation often warps investment and adds to reductions in international economic well-being. The environment of these alterations depends on the way of taxing profits from international investment. If investment earnings are taxed only at…
The operations in terms of elements like supply chain, outsourcing and location of operations are clearly based/focused on areas wherein they have built up their strengths over a considerable period of time. The company began as Kaufman & Broad in 1957. (KB Home Customers Find FTC Penalties Inadequate) However over the last five years, the Earnings per share of the company had grown by 22.29%, it has had dividend growths at the rate of 26.41%. Thus it is considered as a company with have a built in speculative element of streak. This is also being shown by the price of the share which is $75.91, whereas the book value is only $24.66. (KB Home (NYSE: KBH): (www.forbes.com) After all, one should understand that the real estate prices do not shoot up and high prices may exist due to some speculative influences which are trying to take over the company and…
This act enlarged the labels on the cigarettes, and required that the labels on cigarettes and cigarette ads say things like,."..Cause lung cancer...may complicate pregnancy...quitting smoking now greatly reduces hazards to your health... may result in low birth weight and fetal injury." Yet despite all these attempts to educate, all the package warnings and all the public service ads, we still see that despite the millions of dollars spent on smoking prevention each year, every year sees more and more people taking up the habit, until today death from cardiovascular disease remains the number one killer in the United States, contributed in a great part by smoking. And yet we keep legislating, when then proof shows that what we are doing is not working.
Our discussion of vice-based legislation now brings us to the subject of fattening foods. In 2002, a lawyer in New York filed suit against the four…
Centers for Disease Control and Prevention. Smoking-Attributable Mortality and Years of Potential Life Lost-United States, 1984. MMWR 1997 46:444-51.
U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2000.
Centers for Disease Control and Prevention. Federal Trade Commission Request for Comments Concerning Regulations Implementing the Comprehensive Smokeless Tobacco Health Education Act of 1986. Accessed [March 7, 2000]. http://www.tobaccolaw.org/Documents/Events/HealthCanadaNewcigarettelabellingmeasures.htm " Health Canada New Cigarette labeling Measures.
National Cancer Institute. Cigars Health Effects and Trends. Smoking and Tobacco Control Monograph No. 9. Bethesda (MD): U.S. Department of Health and Human Services, Public Health Service, National Institutes of Health, National Cancer Institute. NIH Publication No. 98-4302, 1998.
4. File your complaint with the FTC. The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we can better assist you. (FCC, 2006)
II. SIGNS OF IDENTITY THEFT
The FCC consumer alert entitled: "What To Do If Your Personal Information Has een Compromised" states that signs of identity theft having occurred are inclusive of:
receiving credit cards that you didn't apply for;
being denied credit, or being offered less favorable credit terms, like a high interest rate, for no apparent reason; and getting calls or letters from debt collectors or businesses about merchandise or services you didn't buy." (FCC Consumer Alert, 2005)
SUMMARY AND CONCLUSION
The article reviewed has clear and concise steps the individual should take if they believe that identity theft may…
What To Do If Your Personal Information Has Been Compromised (2005) March Online available at http://www.ftc.gov/bcp/conline/pubs/alerts/infocompalrt.htm .
Welcome to the Federal Trade Commission: Your Resource about Identity Theft" (2006) Online available at http://www.consumer.gov/idtheft/ .
Issues of Law: Identity Theft
According to the Organization for Economic Cooperation and Development (OECD) defines economic regulations (industrial regulations) as "intervening directly in market decisions such as pricing, competition, market entry, or exit ("Economic regulations," 2002). The main reason for economic regulation is because it is permits the straightforward businessman to succeed in the economy and decrease business relations within the economy from being broken by the illegal activity that takes place (Black, 2010). However, within the economy the market has four different structures that industries are classified under that the government uses to help control the advantages and limitations of supply and demand. The goal of the four structures is to look at how it "affects the outcomes in the market with impacts on the motivations, opportunities, and decisions of economic buyers and sellers through their behaviors within market competition" states Fischer (n.d.). The OECD defines social regulations as an impact…
Black, W. (2010, January 11). Inside the fed's secret war on good regulation. Retrieved from http://www.sagepub.com/upm-data/23879_Page_1_19.pdf
Boyer, P. (2001). Federal regulatory agencies. The oxford companion to United States history. Retrieved May 18, 2011 from http://www.encyclopedia.com/doc/1O119FederalRegulatoryAgencies.html
Department of Trade, Federal Trade Commission. (2011). Ftc guide to the antitrust laws. Washington, DC: Government Website. Retrieved from http://www.ftc.gov/bc/antitrust/antitrust_laws.shtm
Economic regulations. (2002, July 31). Retrieved from http://stats.oecd.org/glossary/detail.asp?ID=4639
An unconventional equestrian statue adorns the outside of the Federal Trade Commission building in Washington, D.C. Rather than riding astride his horse, the man depicted in the statue by Michael Lantz is wrestling with the animal. The physical exertion on the part of both man and horse is immediately apparent in their expressive body language, tense musculature, and fervent facial expressions. Erected in 1942, the "Man Controlling Trade" is deeply symbolic and perfectly representative of the core mission of the FTC. The FTC exists to regulate business, with goals of preventing monopolies, stimulating healthy competition, and encouraging entrepreneurship. In Lantz's statue, the horse represents unregulated trade. The massive creature is, ironically, one that has been tamed for use by human beings for centuries if not thousands of years. The horse has been used as a mode of transportation and beast of burden, and was used as both up until…
organizational studies. While there is focus upon the articles and their contents, the greater focus or endeavor of the paper is to analyze the writing techniques and approaches to research. At the center of the assignment is the relationship among the construction of the research question, the research question, and the research. By studying and referencing the methods of master researchers and writers, the paper forges a path into the unknown, yet mandatory territory of conducting research and sharing it with the academic community. The paper identifies research questions in scholarly articles. The paper further categorizes the research question providing support for the category choice.
Identifying and Categorizing esearch Questions
The state of public research on over-the-counter drug advertising by Denise DeLorme,
Jisu Huh, Leonard N. eid & Soontae An
A primary research question of this article could be "What public literature about OTC drug advertising is accessible to the…
DeLorme, D.E., Huh, J., Reid, L.N., & An, S. (2010) The state of public research on over-the-counter drug advertising. International Journal of Pharmaceutical and Healthcare Marketing, 4(3), 208 -- 231.
Voss, G.B. (2003) Formulating Interesting Research Questions. Academy of Marketing Science Journal, 31(3), 356 -- 360.
I don't have the proper bibliographical info for the book chapters. I noted the number from the two PDFs of the book where appropriate. You might wish to add the proper info and change the notes to fit.
MAKET CONDITIONS in the U.S.: It would seem highly unlikely that this information alone would be sufficient to bring an antitrust action. Prudent and even gutsy or aggressive business people might well seek such information to generate a competitive advantage with little intention toward manipulating the market (Fried Frank, 2002). Even if it does lean toward some expected restraint of trade (Sherman Act), what is occurring at this point clearly passes the reasonableness test. Talking of such issues is not collusive price fixing and suggests no conscious parallelism, for example, which might indicate that their association is for inappropriate purposes (pg. 468).
DETAILS of INDIVIDUAL SALES: In this instance the burden…
Bern, R. (1995). A Biblical Model for Analysis of Issues of Law and Public Policy: With illustrative applications to contracts, antitrust, remedies and public policy issues. Regent University Law Review, Vol. 6. 103-196.
Elzinga, F. (n.d.). CASE 9: Collusive Predation: Matsushita v. Zenith (1986). Viewable at www.oup.com/us/pdf/kwoka/0195120159_09.pdf.
Fried Frank (2002). Firm Hit with $1 Billion Antitrust Verdict for Aggressive Marketing Practices. Fried Frank Antitrust and Competition Law Alert. Viewable at www.ffhsj.com/practice_groups/antitrust.htm.
FTC (2007). International Aspects of Antitrust Enforcement. Prepared Remarks of Commissioner Roscoe B. Starek, III. Viewable at http://www.ftc.gov/speeches/starek/starekda.shtm .
Social Engineering and Information Security
We are in an age of information explosion and one of the most critical problems facing us is the security and proper management of information. Advanced hardware and software solutions are being constantly developed and refined to patch up any technical loopholes that might allow a hacker attack and prevent consequent breach of information security. While this technical warfare continues, hackers are now pursuing other vectors of attack. Social engineering refers to the increasing employment of techniques, both technical and non-technical, that focus on exploiting the cognitive bias in humans as the weakest link in computer security. What is shocking is the fact that in spite of the great vulnerability to human exploitation, there prevails a seemingly careless attitude in this regard in the corporate world. While more and more money is spent on beefing up hardware security and in acquiring expensive software solutions, little…
1) Christopher Hadnagy (2011), 'Social Engineering: The Art of Human Hacking', Wiley Publishing Inc.
2) Greg Sandoval, (Feb 2007), 'FTC to Court: Put an end to pretexting operations', Retrieved Mar 5th 2011 from, http://news.cnet.com/FTC-to-court-Put-an-end-to-pretexting-operations/2100-7348_3-6159871.html?tag=lia;rcol
3) Mindi McDowell, (Oct 2009), 'National Cyber Alert System: Avoiding Social Engineering and Phishing attacks', retrieved Mar 5th 2011 from, http://www.us-cert.gov/cas/tips/ST04-014.html
4) Sonja Ryst, (July, 2006), ' The Phone is the latest Phishign Rod', retrieved Mar 5th 2011 from, http://www.businessweek.com/technology/content/jul2006/tc20060710_811021.htm
Whole Foods Market (WFM) is a grocery store chain that has operations in the U.S., Canada and the UK. Competitor The Fresh Market (TFM) is based only in the United States at this point. While Whole Foods is substantially bigger, these two companies are close competitors of one another based on the similarity of their product lines and their target markets. This paper will analyze the strategic tactics of each of these companies, based on their respective growth strategies.
The Merger & Evaluation
By 2007, Whole Foods was becoming the dominant player in the natural foods grocery business. It sought to grow further, and decided to purchase struggling competitor Wild Oats (Fineman, 2007). At the time, Whole Foods paid $18.50 in cash for each share of Wild Oats. There was concern from the Federal Trade Commission about the deal, because it put Whole Foods in a dominant position…
Bartz, D. (2009). Whole Foods, FTC settle on Wild Oats merger. Reuters. Retrieved November 30, 2013 from http://www.reuters.com/article/2009/03/06/us-wholefoods-ftc-idUSTRE5253AL20090306
Fineman, J. (2007). Whole Foods agrees to buy Wild Oats; profit declines. Bloomberg. Retrieved November 30, 2013 from http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aZtDQutxeDsU
MSN Moneycentral. (2013). Whole Foods. Retrieved November 30, 2013 from http://investing.money.msn.com/investments/stock-price?symbol=WFM&ocid=qbes
MSN Moneycentral. (2013). The Fresh Market. Retrieved November 30, 2013 from http://investing.money.msn.com/investments/stock-price?symbol=TFM&ocid=qbes
Law Enforcement and the Budget
The most important stakeholders in the public finance of law enforcement organizations are the tax payers. Without taxes collected, the government could not afford to fund organizations. Municipal taxes, bonds, grants and more all go to fund law enforcement organizations. State and local taxes pay salaries and pensions for retiring officers, and yet still many municipal, state and federal level law enforcement agencies are required to borrow in order to meet structural requirements. Many cities run a continual budgetary deficit, with mounting debts putting pensions at risk. This is common across America with states like Kentucky and Illinois essentially sitting on a time bomb of debt. This impacts the other stakeholders—the workers in the law enforcement agencies, as well as the public, who are served by the law enforcement workers and the elected officials who must oversee the plans for allocating sources for budgetary purposes.…
The Food and Drug Administration has not made full use of even the meager authority granted it by the industry-friendly 1994 Dietary Supplement Health and Education Act (DSHEA)… Because of inadequate quality control and inspection, supplements contaminated with heavy metals, pesticides, or prescription drugs have been sold to unsuspecting consumers. And FDA rules covering manufacturing quality don't apply to the companies that supply herbs, vitamins, and other raw ingredients" (More dietary supplement, 2010 redOrbit).
Law 3: Picture-based warnings on cigarettes
Unfortunately, much like calorie counts on the back of food products, consumers have shown themselves to be all-too-apt to ignore written information the back of packages, even if the information can save their lives. To remedy the tendency of consumers to ignore written information, many nations (including Canada) have begun to require cigarette companies to use photographs that illustrate the dangers of smoking, to more vividly underline the dangers of…
Ban on junk food introduced. (2008). BBC News. Retrieved September 9, 2010 at http://news.bbc.co.uk/2/hi/health/7166510.stm
Canada's graphic health warnings. (2010). Picture-based cigarette warnings.
Retrieved September 9, 2010 at http://www.smoke-free.ca/warnings/Canada-warnings.htm
Dietary supplements. (2010). FDA. Retrieved September 9, 2010 at http://www.fda.gov/food/dietarysupplements/default.htm
Most consumers will grant this, and those who genuinely object will retain control over access to their privacy.
11) the basic principles of the Starz Crash campaign can be applied to other advertisers. The campaign succeeded largely because it allowed Starz to gather much more information about its customers than other campaigns. This information was then converted into a stronger understanding of the target market, which allowed the company to improve its focus, and to online social capital with bloggers, who were provided with preferential access. This fueled even greater interest amount the early adopters and their followers.
These techniques can be applied to any new product launch, but especially those that are subject to a high social media presence. Search engine marketing can help to identify the early adopters, which can allow the firm to utilize a targeted social media strategy. The basic techniques are fundamental to any new…