...ASSIGNMENT 4 BUSINESS LAW AND BANKRUPTCY Facts Aquaman is president of a marine research company called "Underwater Leagues, Inc." On April 1, the research director of Underwater Leagues tells Aquaman that they've come up with "Oxygum," a means of breathing underwater by chewing a special kind of gum. Aquaman knows a great product when he hears it. He delays announcing the invention to the public so that he can buy all the stock he can get his hands on. He buys 50,000 shares of Underwater Leagues, at $10 apiece. After the announcement, the share price skyrockets to $50 per share. Issue If the shareholders bring a derivative action against Aquaman, what federal law should they accuse Aquaman of having violated? Did he violate this statute? What remedy would the shareholders be able to seek (i.e. how much money would Aquaman be liable for)? Rule The Security Exchange Act of 1934, and more specifically, 17 C.F.R. 240. 10b-5 (15 U.S.C. 78j(b)) regarding manipulative and deceptive devices, prohibit the “purchase or sale of a security of any issuer, on the basis of material nonpublic information about that security or issuer, in breach of a duty of trust or confidence that is owed directly, indirectly, or derivatively, to the issuer of that security or the shareholders of that issuer, or to any other person who is the source of the material nonpublic information.” Additionally, under the Security Exchange Act of 1934 15 U.S.C. § 78p(b); 17 C.F.R. 240. 16(b), a corporation or security...
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...https://www.studypool.com/discuss/288031/acc-303-assignment-1-exxon-versus-chevron Assignment Title Your name Your Instructor’s name Course # Your Institution’s name Date: Chevron and Exxon 1. Compare and contrast the limitations and usefulness of the single-step income statement and the multi-step income statement. A single-step income statement presents a company’s net loss or profit is a single mathematical equation. This is useful when presenting financial information to individual who only needs to know the end result. Income and expenses are not separated by this statement. This statement is short and hence less time consuming and easily understood. However its major drawback is the lack of information especially when the financial condition of a company is being assessed. Multiple-step income statement is detail statement that includes details of a company different sources of expenses and income. The overall health of a company is assessed using this statement. It is however time consuming to prepare and correct a mistake in this statement. 2. Analyze the gross profit, operating profits, and net income of both Exxon and Chevron for 2012 and 2013. Of the two (2) companies, speculate on the main reasons why one (1) company may have been more profitable than the other company. Exxon |Exxon Mobil Corp., Net Profit Margin | ...
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...WEEK 3 RESEARCH PROJECT (Set #1) ACCT 429 DeVry University IMPORTANT NOTE TO STUDENTS This assignment is being distributed solely for your use in completing the Week 3 project in DeVry University’s online Accounting 429 class. This assignment is an individual assignment, and you are to complete it without any outside assistance by any other student, individual, or outside materials, other than those specifically permitted by the problem. Any violations of these requirements will be addressed as an academic integrity violation. Similarly, this assignment may not be shared with any other student at any time, even after your completion of the course. Students to do so may be subject to sanctions pursuant to DeVry’s academic integrity policy, even though they may no longer be enrolled in Accounting 429. Week 3 Research Project (Set #1) DeVry University Acct 429 Performing tax research is an important part of tax practice. As outlined in Chapter 2 of your textbook, tax law is developed through a number of different governmental entities. Congress enacts the tax Code as statutory law. The Treasury Department is tasked with the implementation of the tax Code and, in the course of doing so, develops a number of documents and materials to aid taxpayers in understanding the Treasury Department's interpretation of the code, including the Regulations. In turn, the Internal Revenue Service ("IRS”) has the direct responsibility for implementing the tax Code and in assessing and collecting...
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...the objects in other groups Intra-cluster distances are minimized Inter cluster Inter-cluster distances are maximized © Tan,Steinbach, Kumar Introduction to Data Mining 4/18/2004 2 Applications of Cluster Analysis Understanding – Group related documents p for browsing, group genes and proteins that have similar functionality, or group stocks with similar price fluctuations Discovered Clusters Industry Group 1 2 3 4 Applied-Matl-DOWN,Bay-Network-Down,3-COM-DOWN, Cabletron-Sys-DOWN,CISCO-DOWN,HP-DOWN, DSC-Comm-DOWN,INTEL-DOWN,LSI-Logic-DOWN, Micron-Tech-DOWN,Texas-Inst-Down,Tellabs-Inc-Down, Natl-Semiconduct-DOWN,Oracl-DOWN,SGI-DOWN, Sun-DOWN Apple-Comp-DOWN,Autodesk-DOWN,DEC-DOWN, ADV-Micro-Device-DOWN,Andrew-Corp-DOWN, Computer-Assoc-DOWN,Circuit-City-DOWN, Compaq-DOWN, EMC-Corp-DOWN, Gen-Inst-DOWN, Motorola-DOWN,Microsoft-DOWN,Scientific-Atl-DOWN Fannie-Mae-DOWN,Fed-Home-Loan-DOWN, Fannie Mae DOWN Fed Home Loan DOWN MBNA-Corp-DOWN,Morgan-Stanley-DOWN Baker-Hughes-UP,Dresser-Inds-UP,Halliburton-HLD-UP, Louisiana-Land-UP,Phillips-Petro-UP,Unocal-UP, Schlumberger-UP Technology1-DOWN Technology2-DOWN Financial-DOWN Oil-UP Summarization – Reduce the size of large data sets C uste g precipitation Clustering p ec p tat o in Australia © Tan,Steinbach, Kumar Introduction to Data Mining 4/18/2004 3 What is not Cluster Analysis? Supervised classification – Have class label information Simple segmentation – Di idi students into different...
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...obligates himself to transfer the ownership[2] and to deliver the possession, of a determinate thing, and the other party [the buyer] to pay therefor a price certain in money or its equivalent. xCruz v. Fernando, 477 SCRA 173 (2005).[3] 1. Elements of Sale Elements of sale: (a) consent or meeting of the minds; (b) determinate subject matter; and (c) price certain in money or its equivalent. xNavarra v. Planters Dev. Bank, 527 SCRA 562 (2007).[4] Sale being a consensual contract, its essential elements must be proven. xVillanueva v. CA, 267 SCRA 89 (1997). Absence of any essential elements negates a sale xDizon v. CA, 302 SCRA 288 (1999),[5] even when earnest money has been paid. xManila Metal Container Corp. v. PNB, 511 SCRA 444 (2006). But once all elements are proven, a sale’s validity is not affected by a previously executed fictitious deed of sale. xPeñalosa v. Santos, 363 SCRA 545 (2001); and the burden is on the other party to prove otherwise. xHeirs of Ernesto Biona v. CA, 362 SCRA 29 (2001). 2. Stages of Contract of Sale Policitacion covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is perfected. Perfection takes place upon the concurrence of the essential elements, which are the meeting of the minds of the parties as to the object of the contract and upon the price. Consummation begins when...
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...occupancy of 6 residents which will meet the healthcare regulations of 2 residents in each room. Accessible design features of the home such as hand rails, wider doorways, lever handles, special showers, wider hallways, and grab bars will be added. Prior in obtaining licensure, the home must have a secure and maintain an appropriate facility fire clearance approved by the fire authority having jurisdiction. The home must meet standards established by the State Fire Marshal and the local fire authority having jurisdiction for the protection of life and property against fire. A written emergency disaster plan that contains a plan for evacuation will addresses elements of sheltering, identifies temporary relocation sites, and details staff assignments in the event of a disaster or an emergency. The emergency disaster plan must be posted in the home and be available to emergency responders. The overall goal of Paradise Assisted Living project would meet the requirements and operations of an Assisted Living Home in the County of Los Angeles area. The Management may use this document to...
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...MAPP Message- what you want your audience to know (information), make it clear, make the message simple; break it down. You want people to believe, sell people on an idea. Audience- think of your audience first then think about how you are going to portray your message. Purpose- what do you want your audience to do and you are doing it. Presentation- is almost always a physical thing. What is public relations? Public Relations- is the management function that identifies, established and maintains mutually beneficial relationships between an organization and the various publics on whom its success or failure depends. * Communication can be external and internal. Keywords: Deliberate Planned Performance Public Interest Two-way Management function Challenges * PR is multifaceted Global * An estimated 3 million people practice public relations world wide Definitions * A number of definitions; often defined as publicity in a newspaper, television interview, or red carpet events Learning the ROPES Research-identifying and learning the client, what their problem is, and what there is. Objectives- Setting objectives to solve your problem. Programming- Planning out how you’re going to do the project. Evaluation- how you adjust and making sure you are addressing the objectives. Stewardship- Making sure it all flows together. Areas of public relations: Counseling Research Media relations Publicity Employee/member relations Community...
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...ATENEO CENTRAL BAR OPERATIONS 2007 Taxation Law SUMMER REVIEWER PART I – GENERAL PRINCIPLES TAXATION – power inherent in every sovereign State to impose a charge or burden upon persons, properties, or rights to raise revenues for the use and support of the government to enable it to discharge its appropriate functions SCOPE OF TAXATION TAXATION IS: Unlimited, Far-reaching, Plenary Comprehensive Supreme STAGES OF TAXATION: (LAP) 1. Levy 2. Assessment 3. Payment Basic Principles of a Sound Tax System 1. Fiscal Adequacy 2. Theoretical Justice 3. Administrative Feasibility INHERENT LIMITATIONS (SPING) 1) Situs or territoriality of taxation 2) Must be for a Public purpose • Test is whether proceeds will be used for something which is the duty of the State to provide. • Legislature is not required to adopt a policy of “all or none.” • Incidental benefit to individual does not defeat exemption 3) International comity • Property of a foreign State of government may not be taxed by another 4) Non-delegability of the taxing power • Contemplates power to QuickTime™ and a TIFF (Uncompressed) decompressor determine kind,thisobject, extent, are needed to see picture. amount, coverage, and situs of tax; • Distinguish from power to assess and collect • Exemptions: (a) presidential taxing powers; (b) local governments 5) Exemptions of Government agencies • Taking money from one pocket • to the other Applies only to entities exercising government functions (acta jure imperii) CONSTITUTIONAL...
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...Modes of extinguishment of obligations classified. Castan classifies the modes of extinguishing obligations in the following manner: (1) Voluntary: (a) Performance: 1) Payment; and 2) Consignation. (b) Substitution: 1) Dacion en pago (conveyance for payment); and 2) Novation. (c) By release agreement: 1) Agreement subsequent to the constitution of the obligation: a) Mutual waiver; b) Unilateral waiver; and c) Remission. 2) Agreement simultaneous to the constitution of the obligation: a) Resolutory condition; and b) Extinctive period. (2) Involuntary: (a) By reason of the subject: 1) Confusion; and 2) Death of the contracting parties in the cases where the obligations are personal. (b) By reason of the object: 1) Loss of the thing due or impossibility of performance; and (c) By failure to exercise (right of action): 1) Extinctive prescription. (see G. Florendo, The Law of Obligations and Contracts [1936], pp. 333-334, citing 2 Castan, Derecho Civil Español, 46-47.) SECTION 1. — Payment or Performance ART. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n) Meaning of payment. In ordinary parlance, payment refers only to the delivery of money. As a mode of extinguishing an obligation, it has a much wider meaning. Payment may consist of not only in the delivery of money but also the giving of a...
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...The attached assignment is NOT a model answer but rather an indication of how one syndicate group approached the problem set for that semester. It was one of the better papers but ……… Please note that the Executive Summary portion received a fail as it did not concentrate on what the group had recommended – the alternatives and why which one was chosen. They did, however, develop some alternatives, discussed them and then decided which one should be selected within the main body of the paper. It is also worth noting that for a 2008 assignment; almost all of the references were from that year. There are NO textbooks listed. AFF92 260: Aust ralian Cap pital Mark kets Semester 2‐ 2 S 2008 MZM C ON ULT ING M M NSU G MRCB gula y Ca al B Reg atory apita Fu ing Alte ative und erna es Authors: Version 1.0 Date e Issued: 25/09/ /2008 Word Count: 5,000 (no ot including ta ables) MZM CONSULTING Paul Masulan ns, Alex Zaikin ne, David McG Ghee Monash Unive M ersity Level 3 Building H 900 Dandenon ng Rd. PO Box x 197 Caulfield East, Victoria 3145 Australia 25 Septem mber 2008 Re: Regulatory Capita al Funding Alternatives CB Board, Dear MRC Please find the attach hed report on n regulatory capital funding alternatives. ument has b been prepare for the C ed Chairman and Directors ...
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...USN/USMC Commander’s Quick Reference Handbook for Legal Issues 2008 i Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 2008 4. TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S)...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...10/16/2015 Checkpoint | Document Checkpoint Contents Federal Library Federal Source Materials Federal Tax Decisions American Federal Tax Reports American Federal Tax Reports (Prior Years) 1995 AFTR 2d Vol. 76 76 AFTR 2d 955815 76 AFTR 2d 955724 (60 F3d 833) WEBER v. COMM., 76 AFTR 2d 955782 (60 F3d 1104), Code Sec(s) 62; 3401, (CA4), 7/31/1995 American Federal Tax Reports WEBER v. COMM., Cite as 76 AFTR 2d 955782 (60 F3d 1104), Code Sec(s) 62; 3401, (CA4), 7/31/1995 Michael D. WEBER; Barbara L. WEBER, PETITIONERSAPPELLANTS v. COMMISSIONER of the Internal Revenue Service, RESPONDENTAPPELLEE. Case Information: [pg. 955782] Code Sec(s): 62; 3401 Court Name: U.S. Court of Appeals, Fourth Circuit, Docket No.: Docket No. 942609, Date Decided: 7/31/1995. Prior History: Tax Court, (1994) curiam. 103 TC 378, affirmed per Tax Year(s): Year 1988. Disposition: Decision for Govt. 60 F.3d 1104. Related Proceedings: Related Proceedings at Weber v. Commissioner, 103 T.C. 378 (1994) Cites: 76 AFTR 2d 955782, 60 F3d 1104, 952 USTC P 50409. HEADNOTE https://checkpointriagcom.umiss.idm.oclc.org/app/view/toolItem?usid=11f6a7l15d8cd&feature=tcheckpoint&lastCpReqId=2242675 1/17 10/16/2015 Checkpoint | Document 1. Business deductions—employee or independent contractor. 4th Cir. affirmed ruling th...
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...YTL CORPORATION BERHAD 92647-H the journey continues... annual report 2013 C o n t en ts Corporate Review Financial Highlights Chairman’s Statement Managing Director’s Review Operations Review Corporate Events Notice of Annual General Meeting Statement Accompanying Notice of Annual General Meeting Corporate Information Profile of the Board of Directors Statement of Directors’ Responsibilities Audit Committee Report Statement on Corporate Governance Statement on Risk Management & Internal Control Analysis of Shareholdings Statement of Directors’ Interests Schedule of Share Buy-Back List of Properties Directors’ Report Statement by Directors Statutory Declaration Independent Auditors’ Report Income Statements Statements of Comprehensive Income Statements of Financial Position Statements of Changes in Equity Statements of Cash Flows Notes to the Financial Statements Supplementary Information – Breakdown of Retained Earnings into Realised and Unrealised Form of Proxy 2 4 8 10 24 38 42 43 44 49 50 54 58 62 64 68 69 72 84 84 85 87 88 89 91 94 97 234 Financial Statements YTL CORPORATION BERHAD 92647-H FINANCIAL HIGHLIGHTS 2013 Revenue (RM‘000) Profit Before Taxation (RM‘000) Profit After Taxation (RM‘000) Profit for the Year Attributable to Owners of the Parent (RM‘000) Total Equity Attributable to Owners of the Parent (RM’000) Earnings per Share (Sen) Dividend per Share (Sen) Total Assets (RM‘000) Net Assets per Share (RM) 19,972,948 2,313,389 1,845...
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...CONSTITUTIONAL LAW 1 OUTLINE KEYED TO: SULLIVAN CASEBOOK 1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal...
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