...Grant Harold Smith Leon Ther FROM: Michelle Boldt RE: Banking Software Contract Issues Due to recent negotiations with the binding contract between Span Systems and Citizen-Schwarz AG (C-S), necessary changes have come to light. After thorough discussions between myself , Span Systems legal team, and CS's negotiator, Leon Ther, three major amendments within the contract have been agreed upon. Contract clause breaches Performance While performance has been under par in relationship to C-S's requirements, debate over the additional changes within the product specifications have clouded efforts. Communications and Reporting The change in project management disrupted the flow of work in respect to communication and project expectations. While it was a deficiency on Span's ability to work continuously through the changes, with the weakness identified and addressed, this issue can be corrected and avoided in the future. Requirements Changes In the recent past, C-S presented numerous changes in specifications, time requirements placed additional hardships on the production and design team. Thus, disrupting the agreed upon time frame. Legal principles The majority of clause issues within the contract revolve around a lack of communication. While Span addresses the weaknesses within the contract and concentrates focus on clearing up ambiguous wording within the highlighted clauses in question. The two major contract discrepancies revolve...
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...identities such as people of color who identify under LGBTQ are attributed out-group labels. They are also pushed further away from having any participation in legal discourse and are excluded from the rest of society including groups who fight to embrace the acceptance of different identities within the law. These individuals are only pushed further away from having any participation in legal discourse. As a result the rule of law continues to privileges heteronormativity, and reproduce subordination of marginalized...
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...Article Presentation Paper : Money Mutual Payday Loans HRM587 Managing Organizational Change Keller Graduate School Management, DeVry College of New York Professor Shashon Miles Introduction The main issue that necessitated the need for the article to be written was the lack of marketing ethics by Money Mutual. Money Mutual failed to provide proper information to its customers and went a step further to hide behind Montel Williams who was their celebrity endorser. They used the goodwill gathered by Williams over the years to convince the individuals that their payday loans were legitimate. It is important to note that Money Mutual were not the actual lenders, they just connected the lenders to customers who they captured from their lead capture pages. Payday loans can be beneficial to its consumers because it affords them access to emergency loans that they may not be able to obtain from the mainstream lending institutions. Unfortunately, the companies that offer payday loans exponentially overcharge their clients with total disregard to state laws. This is categorized as unethical practice and should be shunned by the government and other lending institutions. Selling Source does business as Money Mutual an online marketplace that matches interested consumers to potential lenders in the specialty consumer finance industry. Selling Source has a portfolio of five industry-leading companies which provides extensive, customizable solutions to develop and manage...
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... NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment with NewCorp, Pat’s boss explained to him things were not working out and that he would be discharged with 30 days...
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...of time frame seems easy in theory, but in reality, it is somewhat difficult to explain. Given that there are many unforeseen obstacles that could interrupt that progress of a goal, one can be unsure if they will meet it in the time-frame hat they have set, but it is still wise to at least have a plan laid out. For myself, my 5 year plan deals with a majority of it being spent in law school, and that notion is dependent on which school does accept me, and the path I can take in learning at the particular law school while balancing being a single father, and ultimately leading up to taking the bar exam and becoming a certified attorney in the State of Florida. Nonetheless, here is my rough draft of how I plan to achieve my goal. As of right now, I have entered into my final semester before graduating with my B.A. in Legal Studies, and currently in process of studying for the LSAT that I plan on taking this December in hopes of meeting the deadlines to apply at my selected law schools of Stetson, Barry, and FAMU. Ideally, I would like to get into either Stetson or Barry more, but given that I'm a single father, the FAMU part-time program they have instituted would cater to my needs much better, but the downside of utilizing that program would add an additional year in completing the course of study. As far as my professional career is concerned, I currently work as a server at Bahama Breeze, a Darden owned concept that does offer room to advance, but I plan to only work there when...
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...to traditional businesses also apply to e-business. My concern is the company will have greater legal exposure because of the ability of consumer access worldwide and twenty-four hours a day. Any controls that could be implemented prior to the launch would be ideal. My goal is to avoid future e-commerce legal problems by planning a legal risk management strategy and implementing industry best practices. My understandings of the issues are documented below. Please be prepared to clarify any misunderstandings I may have during our meeting next week. Issue 1. Types of intellectual property applicable to e-business Wikipedia (2006) describes intellectual property as ¡§a legal entitlement, which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property.¡¨ The main types of intellectual property are trademarks, patents and copyrights. Trademarks will protect our company brand, patents will protect the inventions and copyrights will protect computer software literary work etc. In addition, trademark law will protect business information of a confidential nature. As long...
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...Introduction After attending several lectures at xxx, I have decided to open a kiosk business in my estate selling potatoes. I therefore have to decide under what legal form to register my business after a careful consideration of the different pros and cons and finally identify what would make up the supply chain of my business. Background information There are a range of legal structures associated with different forms of business: 1. Sole trader businesses are the easiest to set up because there is no complex paperwork. The business and the owner are the same person in law. The sole trader does not have limited liability which means that they are responsible for all the debts of the business. The sole trader has to produce an annual accounting return for the Inland Revenue. 2. Partnerships are set up by a Deed of Partnership which is a document made out by the partners and witnessed by a solicitor. This Deed sets out the legal relationship between partners e.g. how profits will be shared out, responsibilities of partners etc. In traditional partnerships the partners had unlimited liability i.e. they were jointly responsible for the debts of their partnership. In 2001 this has been altered so that some large partnerships e.g. accountancy firms can have limited liability. 3. Companies are separate in law from the individual owners (shareholders) of the business. This means that should the business run up debts the shareholders are only liable for these debts up to the sum...
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...agreement and enforceability at law and how it affects persons involved. One can be easily mislead if they are not aware of rights and obligations, misconception or misinterpretation can result in lawsuits. It will talk about advertisement and the perception of the viewers, as well as the legal obligations of the advertiser and customer. Deals Too Good to Be True In this report, we are looking at a case involving a Seattle man who took a soft-drink company to court to resolve a case of what he thought to be underhanded by a soft drink company. He was challenged in the commercial to achieve a goal and as a result of reaching that goal, he would be rewarded with an extravagant gift, a Harrier jet. As the goal is achieved by this man, the company that advertised states that it wasn't meant for someone to actually take up the offer therefore there won't be a payout for his effort and time. This caught the man "off guard" who truly thought the advertisement to be true and after his hard work to accomplish what they asked thought that the company should indeed give him the Harrier jet, a famous high-tech jump jet used by the U.S. Marines. The key legal factors present in the scenario are what are enforced by the Federal Trade Commission, the truth in advertising Act. The act is in place to keep out of the consumers eyes, false or misleading commercials. It is stated that the Bureau of Consumer Protection's Business Bureau notes that...
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...various factors that influence strategic, tactical, operational, and contingency planning. Finally, the team learned about the effects that legal issues, ethics, and corporate social responsibility have on management planning. As a team we learned about the basic steps involved in the planning function of management. Planning improves innovation, speed, quality, and costs. Those are qualities that make a business successful. We learned that the planning phases are not only used by large organizations but also that planning has become a widespread management function. In order for smaller organizations to be competitive if not aggressive, planning is needed. In week two, we learned about the six basic steps used in the planning process: situational analysis, alternative goals and plans, goal and plan evaluation, goal and plan selection, implementation, and monitor and control. As a team, we found that many of us worked in businesses that have succeeded due in part to the planning phase of business. As these businesses continue to be competitive, changes need to be done using a plan. We understand that planning is applicable to our personal lives as well. Planning daily tasks, events, and agendas are done by all of us and future planning may be done more thoroughly because we have more in depth knowledge of how the basic steps work. Strategic planning is the process of making long term goals that involve mostly external issues and are usually made by executives...
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...Business Revision Guide Exam Details Unit Title: | Unit 1 – Setting up a Business | Type of Assessment: | Written Paper (1 hour) | Marks available | 60 marks - 40% of the GCSE | Date of the examination (and session) | Tuesday 22 May 2012 | The Syllabus Section 1 – Starting a Business | Content | | R | A | G | 1 | Enterprise: What is business? | | | | | 2 | Finding a gap in the market | | | | | 3 | Franchises | | | | | 4 | Business objectives | | | | | 5 | Business objectives: measuring success | | | | | 6 | Business objectives: stakeholders | | | | | 7 | Business plans | | | | | 8 | Business risk and uncertainty | | | | | 9 | Legal structure: sole trader and partnership | | | | | 10 | Legal structure: limited and unlimited | | | | | 11 | Locating the business | | | | | Section 2 – Marketing | Content | | R | A | G | 1 | Market research with limited budgets | | | | | 2 | Market research methods | | | | | 3 | The marketing mix | | | | | 4 | The marketing mix: product | | | | | 5 | The marketing mix: price | | | | | 6 | The marketing mix: promotion | | | | | 7 | The marketing mix: place | | | | | Section 3 – Finance | Content | | R | A | G | 1 | Finance for small businesses | | | | | 2 | Support for small businesses | | | | | 3 | Financial terms and basic financial calculations | | | | | 4 | Cash flow and...
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...various factors that influence strategic, tactical, operational, and contingency planning. Finally, the team learned about the effects that legal issues, ethics, and corporate social responsibility have on management planning. As a team we learned about the basic steps involved in the planning function of management. Planning improves innovation, speed, quality, and costs. Those are qualities that make a business successful. We learned that the planning phases are not only used by large organizations but also that planning has become a widespread management function. In order for smaller organizations to be competitive if not aggressive, planning is needed. In week two, we learned about the six basic steps used in the planning process: situational analysis, alternative goals and plans, goal and plan evaluation, goal and plan selection, implementation, and monitor and control. As a team, we found that many of us worked in businesses that have succeeded due in part to the planning phase of business. As these businesses continue to be competitive, changes need to be done using a plan. We understand that planning is applicable to our personal lives as well. Planning daily tasks, events, and agendas are done by all of us and future planning may be done more thoroughly because we have more in depth knowledge of how the basic steps work. Strategic planning is the process of making long term goals that involve mostly external issues and are usually made by executives...
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... * Permament Secrerary's Office * Legal Department * Ethics Education * Finance and Administration IAF Resource Center Legal Department The Legal Department is the policy arm of the Directorate for Ethics and Integrity. Its main objective is to strengthen the Legal and Policy framework to fight corruption and rebuild ethics and integrity in Uganda. With regard to the coordination role, the Legal department is responsible for tracking the enforcement of anti- corruption policy and laws. This exercise is expected to ensure compliance and to enable the identification of challenges that law enforcement agencies face during enforcement and, also a mechanism to identify lacuna in the existing law and, new and emerging issues in the fight against corruption that would require new legislation. Functions of the Department * To Provide legal counsel to the directorate on matters related to the fight against corruption and ensuring ethical governance * To review existing anti- corruption legislation and policy, with a view to proposing ammendments * To identify new and emerging issues in the fight against corruption and develop new legislation or measures to address the same * To ensure compliance with anti- corruption laws and policy by monitoring their implementation * Ensuring that Uganda's legal and policy frame work is in harmony with international anti- corruption legal instruments * To monitor Uganda's compliance...
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...Ellis Law is cast-off in many forms and ways throughout the economy. Many of the industries use law in order to ensure that they stay in obedience. With start law where different situations, it's used in society to function. Many individuals may use the law in their work environment and not even notice they are. I will be discussing the role of law in organizations as well as society and how I have used the role of the law in my past employment. In business law, it is often used in large organization / industries in order to confirm that the organization stays in compliance with all federal and state laws. Large industries usually keep what is called "in-house" counsel they are part of the payroll as a position of vice president or a general counsel. Depending on the size of the organization the general counsel they may have one attorney to advise then with all business ventures or any legal documentation that will come across the desk. These attorneys will dedicate themselves with significant amount of their, professional time in order to advise the organization on issues such as formation, labor, and employment laws, regulatory agency compliance, legal transactions, and rational property and other legal issues that are relevant to the organization operations. All of these lawyers focus on groups and hardly perform any other task. In society law, it is mainly used in two forms either in criminal or civil law. In civil law, it is designed to balance parties including organizations...
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...An Analysis of Negotiation Processes February 10, 2011 Introduction Kelly is a Canadian who holds a college degree and has spent some time in Japan as a child. She was excited to learn of an opportunity to work in this country for one year. The position of interest requires working closely with Japanese educators who are teaching English. The program provides a contract that provides specifics on salary, working hours, and benefits, to include sick days and personal holidays. Cathy travels to Japan after being accepted and discovers that she will be working with Mark, also from Canada, Andrea, and American, and Suzanne, from Great Britain. However, she is made aware of cultural differences very quickly because the Japanese people voluntarily work long hours without pay, to include working on weekends. Moreover, Mr. Higashi, the head coordinator of the program frequently insists that Kelly and her co-workers take part of Japanese cultural events and they are resentful because they feel that Mr. Higashi is trying to make them conform. In addition to the cultural conflicts, Kelly and her peers are also disliked by the Japanese workers because they believe that everyone should show dedication to their jobs by working long hours without pay. Needless to say, the foreigners do not agree and are committed to honoring what’s contained in their contracts only. Things begin to go awry when Kelly calls out sick while experiencing flu-like symptoms. Mr. Higashi responds...
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...mediation which means look for a third party as a regulator. For instance everybody knows the Smith family’s interest of artifacts. Fisher can entice them easily with indirect event like presenting them as honor guests. I think she has right position and power to reverse this resentment. After inviting them to the, they may negotiate, or get help but she didn’t choose this way. One of the ways the reach to agreement is determining who is right. In some situation rights are obvious, like the rules or laws show us directly who is right, but rights are rarely clear and situations are usually hard to standardize. To solve this dispute we can get third parties to involve this, for example; public adjudication, arbitrators. She wants to take a legal action against him but I think Fisher was not aware of other similar cases in the history much, because the exception of Philadelphia Museum of Art case was not involved such a large amount of money. Another way to resolve dispute is based on power. Common two forms of power in business are aggression, such as sabotage or physical attack and deprive the benefits for example withholding labor in strike. Whoever is more dependent has less power. Conversely whoever is more independent has more power. As we know the MCA needed some fund from his pledge to finish new building construction or not to go with...
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