...Memo of law Question/Issue Presented What evidence can be found during a legal discovery and how does this affect the record-keeping policy of a business organization? Applicable Law and Ethical Standards Newby v. Enron Corp. , 2002 U.S. Dist. LEXIS 28397 (S.D. Tex. May 1, 2002) Newby v. Enron Corp. (In re Enron Cor... , 2003 U.S. Dist. LEXIS 1668, Fed. Sec. L. Rep. (CCH) P92404 (S.D. Tex. Jan. 28, 2003) United States v. Arthur Andersen LLP , 2002 U.S. Dist. LEXIS 26870 (S.D. Tex. May 24, 2002) 18 USCS § 1512 Discussion/Analysis (of Law and Facts) During a legal discovery which includes the procedures of Deposition, Interrogatories and Production of Documents there can be different evidence found depending on the area of work the business organization is involved in. An example could be that a company tried to create false documents with the intent to seem like a good investment or to avoid paying taxes. During a deposition evidence can be found that people questioned tell conflicting stories. It is crucial to be able to deliver the right documents requested during a discovery. Therefore, it is important to have an organized record-keeping policy for any organization. Furthermore, a business should keep its records as correct as possible and not be tempted to give in to fraud, changing documents or destroying important documents. A company should follow the law to keep the required documents. It would be a crime to hide, destroy and/or withhold subpoenaed...
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...The Future of Cardiovascular Diagnostics THE MARKET, TRENDS & FUTURE DIRECTIONS Extracted on: 20 Apr 2011 Reference Code: BI00021-008 Publication Date: 02 Mar 2010 Publisher: Datamonitor © Datamonitor This content is a licensed product, no part of this publication shall be reproduced, sold, modified or stored in a retrieval system or transmitted in any form by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Datamonitor. The information in this document has been extracted from published research by a registered user of the Datamonitor360 platform. Datamonitor shall not be responsible for any loss of original context and for any changes made to information following its extraction. All information was current at the time of extraction although the original content may have been subsequently updated. Please refer back to the website http://360.datamonitor.com/ to view the most recent content and the original source of the information. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the facts of all publications. At time of publication no guarantee of accuracy or suitability, whether express or implied, shall attach to this publication (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Please note that the findings, conclusions and recommendations...
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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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...copper-gold mine that started its commercial production on October 1, 2007. It is owned 100% by Minto Explorations Ltd., a wholly owned subsidiary of Capstone Mining Corp. Capstone Mining Corp acquired Minto Explorations and all other project interests, including a partially constructed but dormant construction site, in June 2005. Within two years from acquisition, Capstone re-drilled the mineral resources to mineral reserve standards, completed a bankable feasibility study, arranged project financing, built a new mine and reached commercial production. In the two years following that the mine has undergone a tremendous change ; it has been expanded twice , there is an increase in throughput by more than 100 % and also discovered five new deposits. The Mine is basically an open pit mining operation with conventional crushing, grinding, and flotation to produce copper concentrates with significant gold and silver credits. In December 2007, pre-feasibility study for the expansion of the copper-gold mine was done. The study benefited because it laid out a path for significant increase in copper production and also increased mineral reserves, enhancing project economics. The basic steps done in mining while handling the project are: Mineral Exploration The first role of engineering in mines is the discovery of a mineral deposit and the determination of the profitability of a mine. The Minto mine plan focused on accessing and milling the high grade ore in Minto deposits...
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...Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-2 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 2 Week Two IRAC Brief Case: Edward J Bylsma v. Burger King Corporation. May 8, In the outlined case, the plaintiff is trying to sue Burger King Corporation under the Washington Product Liability Act (WPLA). Mr. Bylsma claims ongoing emotional distress after an employee spat on a burger he purchased, but did not eat. The litigation is based on product liability, negligence, and vicarious liability (Bylsma v. Burger King Corp, 2013). According to Repa (1998) “Although supreme Court has not yet recognized federal limitations on state product-liability actions, several lower federal courts justified a federal common-law tort immunity” (p 48). The legal concepts that have been applied are discussed in the discovery of the Issue, Rule of the court, Analysis, and Conclusion reached for this case. Like this case, if these legal concepts are violated with lack of training and inspections by the managerial setting similar issues can be found in all types of businesses. Therefore, according to WPLA Burger King has lost the case due to the legal principles behind the decision which are product liability, negligence, and assault by the employee causing emotional distress. “A tort is a civil wrong for which a remedy may be obtained” (Azria, 2014, p. 1). In the food and hospitality industry tort cases like this can be triggered in everyday...
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...Global Perspective, 19:61–73, 2010 Copyright © Taylor & Francis Group, LLC ISSN: 1939-3555 print / 1939-3547 online DOI: 10.1080/19393550903404902 Information 1939-3547 1939-3555 Security Journal: A Global Perspective, Vol. 19, No. 2, Mar 2010: pp. 0–0 UISS Perspective An Ontological Approach to Computer System Security ABSTRACT Computer system security relies on different aspects of a computer system such as security policies, security mechanisms, threat analysis, and countermeasures. This paper provides an ontological approach to capturing and utilizing the fundamental attributes of those key components to determine the effects of vulnerabilities on a system’s security. Our ontology for vulnerability management (OVM) has been populated with all vulnerabilities in NVD (see http://nvd.nist.gov/scap.cfm) with additional inference rules and knowledge discovery mechanisms so that it may provide a promising pathway to make security automation program (NIST Version 1.0, 2007) more effective and reliable. KEYWORDS analysis system security, common vulnerability exposures, ontology, vulnerability Ju An Wang, Michael M. Guo, and Jairo Camargo School of Computing and Software Engineering, Southern Polytechnic State University, Marietta, Georgia, USA J. A. Wang, M. Approach to Computer An Ontological M. Guo, and J. Camargo System Security 1. INTRODUCTION Secure computer systems ensure that confidentiality, integrity, and availability are guaranteed for users, data, and other...
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...STRATEGIC POSITION _ THE IMPACTS ON ITS MANUFACTURING TECHNOLOGY AND MANAGEMENT PRACTICES the advancement in the technological sector has led to the discovery of alternative cheaper and faster ways of manufacturing, such discovery has inspired daimler over the past years and has also led to its success. modern manufacturing technology practiced by Daimler include the used of production plan of a prototype technology which is approved by a function of the group and later processed for inspection then improvement are subsequently implicated for the MSD (Mercedes Benz Development System) phase. All vehicle manufacturing plant are equipped with automated robotic systems which is used in the lean production of all its automobiles. the production method utilizes CIM (computer integrated manufacturing) this system exploits all computer related information by the means of IDS ( integrated database systems) and combines its into a single database thereafter the computer controls the reboots for some part of the machining processes and paint job, thus saving cost on health related circumstances of physical labour. other systems used include the CAD computer aided design which assist engineers in the design aspect of manufacturing. MPM (management process manufacturing) is popular at Daimler, is gathers the methods and technologies used in the manufacturing thus assisting the management accounting department with reducing work in progress. _ EXPLAIN WHAT IS MEANT BY STRATEGIC POSITIONING...
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...– in Hypothesis Formation Mining Large Data Sets - Motivation There is often information “hidden” in the data that is not readily evident Human analysts may take weeks to discover useful information Much of the data is never analyzed at all 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 1995 1996 1997 The Data Gap Total new disk (TB) since 1995 Number of analysts 1998 1999 4 © Tan,Steinbach, KumarKamath, V. Kumar, “Data Mining for Mining and Engineering Applications” From: R. Grossman, C. Introduction to Data Scientific 4/18/2004 What is Data Mining? Many Definitions – Non-trivial extraction of implicit, previously unknown and potentially useful information from data – Exploration & analysis, by automatic or semi-automatic means, of large quantities of data in order to discover meaningful patterns © Tan,Steinbach, Kumar Introduction to Data...
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...Data Mining Information Systems for Decision Making 10 December 2013 Abstract Data mining the next big thing in technology, if used properly it can give businesses the advance knowledge of when they are going to lose customers or make them happy. There are many benefits of data mining and it can be accomplished in different ways. The problem with data mining is that it is only as reliable as the data going in and the way it is handled. There are also privacy concerns with data mining. Keywords: data mining, benefits, privacy concerns Data Mining Benefits of Data Mining for a Business Data mining can be explained as the process of a business collecting data on their customers or potential customers to increase customer business. A business will collect data on their customers or potential customers and use that data to give them coupons, promote sells, and analyze buying and selling trends. Data mining can benefit the customer as well as the business. Data mining can be used in the retail industry, the finance industry, and the healthcare industry. Any industry can benefit from data mining but those are the top three (Turban & Volonino, 2011). Data mining is a way for large businesses to get to know their customers. The information gathered from data mining can let a large company learn what their customers want and how they want it. It can also benefit large companies get to know their employees, the company can learn how to satisfy their...
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...June 1st, 2012 Predictive Analytics and Customer Behavior “Predictive analysis is the decision science that removes guesswork out of the decision-making process and applies proven scientific guidelines to find right solution in the shortest time possible.” (Kaith, 2011) There are seven steps to Predictive Analytics: spot the business problem, explore various data sources, extract patterns from data, build a sample model using data and problem, Clarify data – find valuable factors – generate new variables, construct a predictive model using sampling and validate and deploy the model. By using this method, businesses can make fast decisions using vast amounts of data. There are three main benefits of predictive analytics: minimizing risk, indentifying fraud, and pursuing new sources of revenue. Being able to predict the risks involved with loan and credit origination, fraudulent insurance claims, and making predictions with regard to promotional offers and coupons are all examples of these benefits. It basically reduces the cost of making mistakes. This type of algorithm allows businesses to test all sorts of situations and scenarios it could take years to test in the real world. Studying customer behavior gives businesses a competitive advantage and allows them to stay ahead of the competition in their market place. Associations Discovery and Customer Purchases Association analysis is useful for discovering interesting relationships hidden in large amounts...
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...A REPORT ON OIL AND NATURAL GAS CORP (ONGC) By: SUBHROJIT MALLICK (1092) SONIA KALE (1090) SNEHA ROY (1086) PALLAV HATIMURIA (1061) INTRODUCTION ONGC (Oil and Natural Gas Corporation Limited), the Indian multinational oil and gas company headquartered in Dehradun is India’s largest oil and gas exploration and production company. It is a Public Sector Undertaking (PSU) of the Government of India, under the administrative control of the Ministry of Petroleum and Natural Gas. ONGC produces around 69% of India's crude oil. On 31 March 2013, its market capitalisation was INR 2.6 trillion (US$ 48.98 billion), making it India's second largest publicly traded company. In a government survey for FY 2011-12, it was ranked as the largest profit making PSU in India. ONGC has been ranked 357th in the Fortune Global 500 list of the world's biggest corporations for the year 2012. It is ranked 22nd among the Top 250 Global Energy Companies by Platts. ONGC was founded on 14 August 1956 by Government of India, which currently holds a 69.23% equity stake. It is involved in exploring for and exploiting hydrocarbons in 26 sedimentary basins of India, and owns and operates over 11,000 kilometers of pipelines in the country. Its international subsidiary ONGC Videsh currently has projects in 15 countries. ONGC has discovered 6 of the 7 commercially-producing Indian Basins, in the last 50 years, adding over 7.1 billion tonnes of In-place Oil & Gas volume of hydrocarbons in Indian basins...
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...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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...Raymond Arthur Dart, born in 1893 in Queensland, Australia, was a neuroanatomist and a paleoanthropologist. He was most famous for discovering the Taung Child. His discoveries of fossil hominins (members of the human lineage) led to important insights into human evolution. He was raised on a dairy farm near Laidley, attended Toowong and Blenheim state and Ipswich Grammar schools. He graduated from the University of Queensland with first-class honours in biology, and studied medicine at University of Sydney. He acted vice-principal of St. Andrew’s College in 1917. He was a medical officer at Royal Prince Alfred Hospital, and as a captain in the Australian Army Medical Corps, served in England and France. In England, Dart took a post at University College, London, as senior demonstrator in anatomy. Then, he spent a year on Rockefeller Foundation fellowship in USA. He married to Dora Tyree, an instructor in anatomy, in 1921. In January 1923, he moved to South Africa, as a professor of anatomy at The University of the Witwatersrand, Johannesburg. In November 1924 Dart was given a fossil skull that had been found recently at Taungs. He extracted the fossil from the hard matrix and found that the skull was a child’s. It was a mixture of apish and human features. Its teeth were human-like while its brain was the size of an ape’s. Raymond Dart had found the missing link in the man-ape line of evolution. He died on 22nd November 1988 at the age of 95 in Reno, Nevada. I am interested...
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...Effect of Unethical Behavior Article Analysis Terra Postelle ACC/291 January 08, 2013 Bennie Clark Effect of Unethical Behavior Article Analysis The effects of the Sarbanes-Oxley Act of 2002 on financial statements are general guidelines as to how the information is gathered, calculated and presented to clients while enforcing their accuracy and legitimacy. Companies such as Enron, Tyco, Global Crossing, and WorldCom are just a few examples of corrupt business cultures, practices, and greed that made the need for new laws to arise in order to prevent future business taking the same direction. These companies and companies like them manipulated, lied, embezzled, and sometimes flat out stole from their clients plummeted into financial hardship and in some cases the economy as well. There will always be companies such as, The Brooke Corporation, who will purposefully manipulate financial data or find new loop holes through the SOX guidelines and laws to make a bigger profit. Corporations and businesses such as these do not look at the ethics behind their decisions, but their business’s financial well-being and their own pockets. In the article, Eight Years After The Fact Is SOX Working? A Look At Brooke Corporation, Brooke Corporation would sell insurance and related services through franchises. When an “Agent” would purchase a franchise Brooke Corporation would allow the use of their business model, registered trade name, access to the products of insurance company suppliers...
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...Ugochukwu.M.Duru Date: 09/22/2015 Article #: 5 Title: Germany’s Merck to buy Sigma-Aldrich For $17 Billion Publication Name: Wall Street Journal Publication Date: 09/22/2014 According to this article Merck KGaA announced On Monday September 22, 2014, that it would acquire Sigma-Aldrich for $17 billion. This acquisition will boost Merck’s position in the global life sciences industry, which is valued at over $130 billion. Merck expects the deal to generate $340 million in synergies by the end of 2017. Merck’s business focuses on pharmaceuticals, liquid crystals, and laboratory chemicals and equipment. As we know Sigma-Aldrich makes chemicals and biochemical used in scientific research, biotechnology, drug discovery, pharmaceutical development and diagnostics, and high-technology manufacturing. The merge between both Merck and Sigma-Aldrich, will allow them to sell a broad array of products, which will need to be analyzed product-by-product for competitive overlaps before U.S. antitrust regulators give the deal the green light. This accusation has its own challenges like every other business such as risk and uncertainty, which include financial and business environment risks. Merck and Sigma-Aldrich offer an assortment of complementary products in the life sciences sphere. Public information, however, indicates that the only product on which the companies currently compe te may be components of liquid crystal displays (LCDs). Merck produces liquid crystals and its...
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