...Running head: Traditional VS Non Traditional Litigation Traditional vs. Nontraditional Litigation Majid Clark University of phoenix Business Law 531 JOAN SCHILLER TRAVIS, J.D. July 27, 2011 Traditional vs. Nontraditional Litigation The process of bringing, maintaining, and defending a lawsuit is called litigation. The word litigation usually strikes fear into the hearts of the business community. Litigation relates to a claim for damages decided by legal proceedings. Most litigation cases involve defending the company when accused of wrongdoing. The litigation process includes discovery, trials, and judgments. Litigation cases involve a lawyer to be employed by the business just for litigation purposes. Possessing a lawyer that is knowledgeable with employment or breach of contract issues will help the business make the appropriate decision when dealing with the litigation process. Because of the lengthy process and financial setbacks in which litigation can have business will avoid courtroom battles because the benefits always outweigh the cost. Business are tuning to a process called Alternative Dispute Resolution (ADR). This resource has become a valuable tool when two parties are trying to find an agreeable solution. In the workforce, this process helps solve issues that arise within companies daily operations. Alternative Dispute resolution will be company’s resources when trying to save money in a potential litigation case. Arbitration is another...
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...According to the Exhibit 1, I think the fiduciary duties of directors is that in making a business decision, the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interest of the company. If the company is sold for a price greater than the downround valuation and the new preferred stock gets a 400 percent return plus its share of the remaining equity while the common stock gets little or nothing, the directors may be sued personally for breach of fiduciary duty.(website: http://apps.americanbar.org/buslaw/blt/2003-05-06/blomberg.html) In this case, capitalization consist of multiple series of preferred stock while founders held the common stock, therefore it will be hard to secure financing. At first, two engineers invest $60000 to found the Alantec Company. However, within six months, they needed capital to keep their enterprise going, so 1.5 million was invested. In 1989, the reduced revenue and cash flow have created an immediate need for cash, and TA felt it is too risky to be supported any longer by a single venture investor. But at that time, no one was interesting to put their money in Alantec at $0.88 per share, so they drop it at $0.30 per share. This action, in my view, can be seen as the best interests of corporation. If not doing this, the company may suffer in bankruptcy. If Alantec bankrupt at that time, not only the founders, but also the VCs will suffer from it. So I...
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...BusLaw Brinkley V. Casey and Big-City Newspaper FACTS Brinkley, a copy editor of the Big-City Newspaper finds a serious error in the headline banner for tomorrows newspaper. Brinkley reports to Casey, the chief editor about the error and its correction. Casey offers Brinkley a $500 bonus payable on her next check. Casey changes his mind about the bonus and tells Brinkley. Brinkley claims she earned the money, that Casey promised. ISSUE Was there an agreement between the two parties supported by consideration? HOLDING No. Casey offered the bonus after the services had been performed. To be a valid agreement, the services would need to be done after the contract was agreed upon. REASONING There was no open-ended contract stating that if any editor found and corrected errors that could save the newspaper legal expenses that the chief editor could offer a bonus. Casey is under no obligation to offer a bonus to Brinkley even if he stated that he would after-the-fact. Brinkley’s error catching and its correction is considered as past performance and has no legal standing for a breach of contract lawsuit. My Opinion Brinkley has no case for a lawsuit. Casey, on the other hand should pay the bonus for moral reasons and employee morale. Casey could change the newspaper’s policy regarding an editor's performance. Court The court would not support Brinkley in the lawsuit due to past consideration. Brinkley’s Attorney If I was the attorney I...
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...Alternative Dispute Resolution for Learning Team Charter Marla Phillips BusLaw/531 January, 31, 2011 Errika Hise Alternative Dispute Resolution for Learning Team Charter Working in a team environment can be challenging and rewarding. The learning team charter outlines guideline for disputes among the team members. In the event that a dispute does arise the Alternative Dispute Resolution (ADR) will be used. The advantages of using the ADR is that team members can control how the dispute is settled, that it is settled in a timely and private manner. The team members can decide whether the outcome will be binding. In the event that a dispute cannot be resolved within a 24 hour period the team members will use the negotiation method. These processes were the team members try to settle their differences informally without a mediator present. In the event that this cannot be done the mediation process will be used. The mediation process is a form of assisted negotiations were a person will be appointed to be the facilitator This person will be appointed by all the team members. The mediator will help the members communicate by listening to both sides of the dispute and try to recommend a resolution to the dispute. If the members are not able to come to a settlement then the dispute will go to the arbitration process. During the arbitration process a person will be appointed by all members, the person appointed cannot be the person that was the mediator. The arbitrator...
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...Tina Phillips MGM365-1204A-07 The Legal and Ethics of Business Professor Cassandra Hart Individual Project 5 November 12, 2012 Businesses are becoming increasingly global because of enormous advancement in technology, communication means and transportation facilities. The idea of doing business with other countries is certainly a great move for organizations as now they can make more money and profit. Ethical implementation plans, are a mode to get employees educated as a company adopts a universal policy to explain how employees should act and set guidelines and punishments for improper behavior. While implementing an ethical conduct plan an organization must consider certain factors that are of great importance. Cultural differences should be kept in mind. The differences of body languages, cultural norms and values, ones beliefs, meanings of words, if does not acknowledge then will lead towards disputes that are bad for any business. Educate the employees and other people associated with business that how can they neutralize the risk, those engaged in foreign assignments should be well known with the tricks. National and international government rules and regulations will vary, so it’s very necessary to closely look at all these things, read and become aware of laws of the respective country. Legal requirements should reflect a codified ethics prevailing in the society and ensures that it represents the main notions of business righteousness, justice and fairness...
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...MEMORANDUM TO: Bradley Stonefield FROM: Atwood and Allen Consulting DATE: April 13, 2015 SUBJECT: Employment Law Compliance Plan CC: Traci Goldeman, Manager In regards to your interest in opening the limousine service, Landslide Limousines, we would first like to address employment laws. Each state has their own set of laws aside from federal laws that have been put in place and it is important to be aware of them in a business venture. The employment laws dictate and lead employers on how they’re permitted to treat their employees. Both state and federal employment law make certain that the rights of the employees remain protected. The following are the some national employment laws, as well as specific Texas laws we found relevant to your business that must be followed: * The Civil Right Act of 1964 * The Americans with Disabilities Act of 1990 * The Family Medical Leave Act of 1993 * The Texas Minimum Wage Law Employment Laws The Civil Rights Act of 1964- Title VII In cases of racial discrimination where the employer is found guilty he or she is responsible for providing punitive damages as punishment for their conduct. The plaintiff will also receive a compensatory damages from the employer as reimbursement for injuries and/or harm. (Cascio, 2015) The plaintiff is also eligible for two years back pay of filling charges if employment was attained then with employer. To avoid civil right suits under title vii it is important that when interacting...
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...Business Decisions To better understand the business entity that represents fair choices, we are going to take a look at a couple of unique business scenarios. Each scenario mentioned below will discuss control, taxation, and liability issues faced with each unique situation. In addition, laws and regulations in reference to starting the business will be identified for each business, coupled with risks that each business must protect itself against. Restaurant/Bar Sports bars and restaurants are a dime a dozen, but in this scenario Lou and Jose would like to venture into new horizons by opening a sports bar and restaurant where “customers can socialize and watch sporting events on large-screen TVs that hang around the bar.” Although Lou and Jose do not have enough money to boot strap their company, they do have a wealthy investor who is interested in providing capital in return for a percentage of ownership, Mariam. The business entity is a partnership firm wherein Lou and Jose will handle all activities and business decisions for the company, as Mariam acts as a sound investor by distributing funds through company investments. Taxes will be paid by each partner once the funds have been distributed to each party, according to the Taxation Policy of the U.S.A (QuickMBA, 2010). It is important to recognize the laws and regulations of a partnership before starting a business as Lou and Jose have decided to do. Each of these laws should be carefully measured by each partner...
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...MPE711: Global Trade and Markets ASSESSMENT GUIDE In both assessment 1 (presentation) and assessment 2 (written research article) you will be required to work in a group on the same research topic. Groups should consist of 3 to 4 individuals. Exceptions to this can be made for offcampus students if they can demonstrate difficulty in finding group members. You are free to form your own groups, whether through face-to-face contact or by using the ‘group formation’ forum on CloudDeakin. Ensure once your group is formed that you register it on CloudDeakin. You are required to finalise your group formation by the second week of trimester. GROUP WORK TIPS Your group will benefit from diversity. You are encouraged to form groups with a broad range of skills covering quantitative analysis, writing, editing skills and leadership skills. You should also try to form groups that cover diverse industry groups and cultural backgrounds. You should consider appointing a leader for the group. The role of the leader is to coordinate meetings and set deadlines. However, the group should still agree on decisions made by the leader and the group cannot expect the leader to bear responsibility for the group’s performance. At the initial stage, avoid assigning different tasks to each member. You are encouraged to work as a group, meaning you should first think about the project as a whole, write down some bullet points, and then meet together to work out a plan prior to the assigning of tasks...
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...Necessity of an Acceptable Internet Use Policy for Business William E. Boyle Point Park University Abstract This paper will argue that an Acceptable Internet Use Policy, combined with effective network monitoring and policy enforcement is an essential requirement for businesses to protect business assets and resources. It discusses the potential loss to business from employee misuse of internet access and the danger from external sources. Necessity of an Acceptable Internet Use Policy for Business The internet is an integral part of today’s business resources. Organizations, large and small use the internet to improve organizational efficiencies. Businesses use the internet for everything from worldwide sales using websites, workforce collaboration using email and network data access, and for business research. In most business organizations, all types of devices, from desktop computers to cell phones and PDA’s, allow workers to access the internet and send and receive email on demand. A 2008 study by the Pew Internet & American Life Project found that 53% of Americans are employed, and 96% of these workers have some access to these tools. (Madden, M. & Jones, S., 2008). This allows workers instant access to websites, email and instant messages, but uncontrolled access exposes a business organization to a great risk of financial loss. All businesses must manage this risk through the implementation of an Internet Use Policy combined with employee education...
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...Jessica Yarington Critical Analysis: Bribery and its Effect on Business Practices BMAL 560-D06 Dr. Henry Critical Analysis Critical Analysis Topic: Bribery and it’s Effect on Business Practices PRINCIPLE: * Bribery refers to “the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty” (Bribery, 2015). * Economist say that bribery negatively impacts economic growth because it encourages rent seeking behavior (Bribery, 2015). * Rent seeking behavior refers to an “individual’s or corporation’s attempt to illicitly influence the open market in order to provide that individual or corporation with a disproportionate amount of wealth” (Bribery, 2015). * The United Nations reported that corruption costs governments about $1.6 trillion dollars every year. * Economists estimated, based on a poll done in 86 countries, that 1 in every 4 businesspersons worldwide, paid a bribe in the past year (Lawrence & Weber, 2014). * Legislation has been established in an attempt to combat bribery. * The US Foreign Corrupt Practices Act (FCPA) is considered to have the widest jurisdictional reach, being aggressively enforced, both nationally and worldwide (Ernst & Young, 2013). PRACTICE: * Bribery is found in almost all sectors of the global market (Lawrence & Weber, 2014). * An analysis of Transparency International’s Corruption...
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...Best Practices: Nonprofit Corporate Governance One of the most significant and valuable developments of the post-Sarbanes-Oxley Act environment has been the emergence of governance “Best Practices” proposals designed to enhance and improve corporate responsibility and governance. These proposals have come from a wide variety of sources, ranging from self-regulatory agencies (e.g., NYSE, NASDAQ) and business groups (e.g., The Business Roundtable, The Conference Board, National Association of Corporate Directors) to professional associations (e.g., the American Bar Association) and major corporations (e.g., General Electric, WorldCom, TIAA/CREF). While most of these Best Practices proposals have been recommended for adoption by public companies, their relevance as an aspirational goal for nonprofit corporations and non-public companies is widely recognized. From these and other resources, we have developed the following set of guidelines as “food for thought” concerning governance “Best Practices” to assist nonprofit corporations in responding to the current “corporate responsibility” environment. To set the proper perspective, a few important caveats are in order. First, these are Best Practices guidelines, and do not in most instances, reflect current legal requirements. Instead, the guidelines reflect our perspective on evolving trends in nonprofit governance and law. In many circumstances, adoption of, and adherence to, “Best Practices” may reduce a nonprofit corporation’s...
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...hello & goodbye |Ethical Theories : A Reflection | | | |Vanessa Claudja P. Carlos | | | | | |A Requirement for Paul Amerigo Pajo’s IT-Ethic Class | |De La Salle – College of Saint Benilde | Abstract This book is a consolidated collection of opinions on the Ethical Theories, a chapter from a book assigned to the students of IT-Ethic Section O0B, advised by Mr. Paul Amerigo Pajo. Works written by James Rachels, John Arthur, Friedrich Nietzche and the like are studied and analyzed and some are criticized by the author of this book. Dedication I dedicate this book to the following: My dearest family, who always believes in me; My sweetest friends, who never fails to keep me sane in this crazy world; Lastly, I dedicate this book to the Almighty Father, for everything else is nothing without You. Chapter I Egoism and Moral Scepticism James...
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...Republic of the Philippines Central Mindanao University College of Commerce and Accountancy Accountancy Department IMPLICATIONS OF SARBANES-OXLEY ACT OF 2002 TO CORPORATIONS In Partial Fulfillment of the Requirements in Accy 99 Synthesis Submitted by Jess Charls P. Mojello Submitted to: Ms. Dynnith F. Suaberon, CPA, MBM Instructor May 2015 TABLE OF CONTENTS CHAPTER I Introduction 1 Statement of the Problem 2 Scope and Delimitation of the Study 3 Significance of the Study 3 CHAPTER II REVIEW OF RELATED LITERATURE 4 Background 4 A. The Securities Act of 1933 4 B. The Securities Exchange Act of 1934 4 C. Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 5 D. Sarbanes-Oxley Act of 2002 5 Title I – Reopening American Capital Markets to Emerging Growth Companies 6 Title II – Access to Capital for Job Creators 13 CHAPTER III METHODOLOGY 16 Research Design 17 Locale of the Study 17 Data Gathering Procedure 18 Statistical Methods and Analysis Used 18 CHAPTER IV PRESENTATION AND ANALYSIS OF DATA 19 CHAPTER V CONCLUSION AND RECOMMENDATION 29 REFERENCES 31 CHAPTER I Introduction Several studies have shown a substantial decrease in the number of IPOs and in start-up capital formation in years before the JOBS Act implementation in the global market. Authorities have also observed that for some time the inhospitable environment and overly burdensome...
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...i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the custody officer, these are the right to inform someone of her detention, the right to free legal aid before answering any questions, and the right to consult the code of practice. Julie would then be asked to sign a form confirming she has been read these rights. After the above steps have taken place, Julie would be searched to ensure that she is not carrying or concealing weaponry. This search would be carried out by an officer of the same sex, and would consist of a simple pat down; it is unlikely that Julie would be searched more thoroughly given the situation. The police could potentially ask to retain some clothes if it is felt that by retaining said clothes, it would provide evidence to the case, if this were the case, Julie must be provided alternate clothing. This incident is an example of an either way offence, as it could be trailed in the magistrate’s court, or the crown court, as a result of this, the police would have authority to conduct a search of Julie’s address or...
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...Berkeley Journal of International Law Volume 26 | Issue 2 Article 5 2008 Corporate Governance as Social Responsibility: A Research Agenda Amiram Gill Recommended Citation Amiram Gill, Corporate Governance as Social Responsibility: A Research Agenda, 26 Berkeley J. Int'l Law. 452 (2008). Available at: http://scholarship.law.berkeley.edu/bjil/vol26/iss2/5 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. Gill: Corporate Governance as Social Responsibility: A Research Agenda Corporate Governance as Social Responsibility: A Research Agenda By Amiram Gill* In the post-Enron years, corporate governance has shifted from its traditional focus on agency conflicts to address issues of ethics, accountability, transparency,and disclosure. Moreover, corporate social responsibility (CSR) has increasinglyfocused on corporate governance as a vehicle for incorporating social and environmental concerns into the business decision-making process, benefiting not only financial investors but also employees, consumers, and communities. Currently, corporate governance is being linked more and more with business practices and public policies that are stakeholder-friendly. This ...
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