Need Help ?

Expert Answers

Description Analyze the Darling v. Charleston Community Memorial Hospital case ...

Description Analyze the Darling v. Charleston Community Memorial Hospital case using the Case Study Review Template. Be sure to address the legal issues in this case to include the concepts of corporate negligence and respondeat superior.

READ MORE >>

Description ACM 610 Project 4: PowerPoint Outline of Factors. I will do the Voi ...

Description ACM 610 Project 4: PowerPoint Outline of Factors. I will do the Voiceover Instructions Cover each of the factors that you are assigning weight to in your COAs and how you chose its positioning in each of your team's three proposed COAs. Remember that the focus of evaluating sealed bids is the price, which includes our four factors: cell phone costs per unit data usage with a contract data usage without a contract recycling cost Submit a draft of your PowerPoint outline with the voiceover to your instructor for feedback. Welcome to Project 4: Cost Analysis and Contract Negotiation Strategy You have prepared your acquisition strategy, and now there's only one section left in your acquisition plan! As a contract manager, your goal is to bring the best value to your organization through a carefully planned and executed acquisition. In this project, you will prepare the fourth and final part of the acquisition plan, which focuses on cost analysis and contract negotiation strategy. You will fill in the last section of your partially-complete acquisition plan template as you complete this project and finalize the full plan. You will be responsible for two items to complete the acquisition plan: a cost analysis and a negotiation strategy. The cost analysis will examine proposals from three cell phone vendors. The costs in consideration include cell phone prices per unit, data usage costs with and without a plan, and recycling costs per unit. The negotiation strategy covers the following: An assessment of the specific situation and focus on the process Every negotiation will be different, so it's important to consider what your negotiation objective is, the different styles of negotiation, and the perspective the vendor will be coming from as well as your own. The intent or purpose of the negotiation What do you hope to accomplish for CTI in terms of contract terms, cost, and structure? Articulating your organization's goals will help you reach an agreement with the vendor. The duration and frequency of negotiation you are planning Is it a one-time negotiation, or is it likely to need repeating after the initial period of performance? How long-term is the proposed contract? How the results of your negotiation may enhance your acquisition strategy The timeline Consider how timing could affect your ability to meet the organizational need on time and on budget. This project is designed to be completed in three weeks. Please read the following fictional scenario, which will provide the framework for the project. Then proceed to Step 1. Scenario Overview After a busy morning, you open your laptop to find several new messages. Among the emails is a note from Robyn Jones about a pressing matter. She would like your thoughts on the situation. She schedules a virtual meeting for later in the day. Meeting Virtual Meeting Host: Robyn Jones, Direct of Sales and Marketing, Calum Tech International Subject: Supplement Contract Vendor (Confidential) [Robyn Jones speaking] Good afternoon. I wanted to talk to you about a situation that arose while evaluating bids for a supplemental waste disposal contract to support your cell phone acquisition. One of the contract managers on the team has been advocating for a particular vendor to individual team members outside of official discussions. This has raised some red flags about the potential for undue influence, if this contract manager is taking advantage of the power associated with being on the team. I will follow up with more information, but for now I want to make sure you are aware that we are taking this seriously. Ethical matters like this need to be addressed carefully and as early in the process as possible, so we'll be continuing to gather information and discuss. Have a nice rest of your day. [The virtual meeting ends.] Check Your Evaluation Criteria Before you submit your assignment, review the competencies below, which your instructor will use to evaluate your work. A good practice would be to use each competency as a self-check to confirm you have incorporated all of them. To view the complete grading rubric, click My Tools, select Assignments from the drop-down menu, and then click the project title. 1.2: Develop coherent paragraphs or points so that each is internally unified and so that each functions as part of the whole document or presentation. 1.8: Create clear oral messages. 2.1: Identify and clearly explain the issue, question, or problem under critical consideration. 4.1: Lead and/or participate in a diverse group to accomplish projects and assignments. 4.2: Demonstrate the ability to plan and execute a project, articulating clear objectives and goals for the team. 4.3: Contribute to team projects, assignments, or organizational goals as an engaged member of a team. 4.4: Demonstrate diversity and inclusiveness in a team setting. 5.6: Determine fair and reasonable prices when negotiating contracts. Step 1: Audit Your Mastery of Concepts As we begin the final part of this acquisition plan, reflect on what you have learned from the acquisition strategy process. Along with your experience in market research and other aspects of acquisition planning, this work will serve you well as you explore cost analysis and contract negotiation in this project. Ask Yourself Have you provided strategic objectives and a comprehensive background on your acquisition plan template? Does your plan of action reflect thorough research? Is your acquisition strategy complete? After you've reviewed your previous work for this course, take the self-assessment to help deepen your critical thinking about key concepts from this course. Check Your Knowledge Choose the best answer to complete the statement. Question 1 As defined in the FAR 2.101, is a continuous process for gathering data on product characteristics. best practice small business market research Question 2 What are the goals of contract management? acting on behalf of the contract officer for the acquisition supporting decisions with facts and persuasive writing supporting the acquisition of goods and services by negotiating terms and conditions, documenting contractual agreements, monitoring contract performance, and concluding contracts Question 3 What type of contract method should be used when the goal is to achieve the lowest price on the product? simplified acquisition procedure micro-purchase sealed bidding In the next step, you will work with your team to outline three potential courses of action for the CTI cell phone acquisition. Step 2: Outline Course of Action With Your Team Transcript I was asked to consult and help out one of the nonprofit organizations here in the DC area. They were looking to update their website, and they had a proposal out there. The challenge was to agree on what’s important, what factors are important, and what they were looking for. The nonprofit actually operates in multiple countries. So, they were looking at designers that had experience in multilingual websites, and the ability to get feedback from multiple countries, time zones, and all of that. As with any nonprofit, budgets are an issue. We don't have multimillion-dollar budgets to play with. Every time when we asked team members, "What are we looking for?" they'd say, "Well, we can't pay a lot… We can't pay a lot." "Okay, well, we can pay some, and let’s look at whatever we can get with whatever we can pay." The temptation is to go with the cheapest bidder. Maybe not in all organizations, but in most organizations. As we continued conversation, other factors started coming up. There are some recurring costs like storage, like maintenance… Maybe we need updates; how much will it cost us to do updates And there's also nonmonetary value, those extras like how well the developer is able to develop websites in multiple languages that will be valid and efficient for multiple countries. Often we would get, "You know, in my previous role, I worked with this company and they were good." But you have to go through the motions and tell that person, "Well, not really… Thank you for your opinion, but not really. Not yet." That’s the not yet portion. Let's rank the people. And this ranking of factors is really important because that ensures that we treat every bidder fairly. You apply the same rules to them. You give everyone an equal chance to present their case and match what they can give you with what you need. When we have so many issues with privacy, technology, breaches, cyber issues, social compliance… I think it puts so much pressure on people— on experts who are doing acquisitions for different organizations—because they not only have to look at the cost, but they have to look at all aspects of the product. Where was it made? How is it being recycled? This is a must, and it all comes down to the acquisition people to figure this out and have all these answers before the disaster hits. When you start thinking about what's important and what factors to include, don't only think about short-term, "This is what I need right now." Think of other costs that are recurring. Do you need that developer to do something else for you? Maybe it’s some feature that in the future will become available like this request as they come in. So, think of recurring versus nonrecurring one-time costs. That's important. In this step, you will work as part of a team to outline three potential courses of action for the CTI cell phone acquisition. Refer back to your market research findings to help shape three viable solutions to include in your outline for the course of action. Your courses of action should be informed by the cost proposals that CTI has received from vendors and will help you move forward with your cost analysis and contract negotiation strategies later on. Key Points A course of action (COA) is typically a weighted summary of a way to proceed with an acquisition in term of the prioritization of factors for consideration. The factors, which can include a variety of key aspects of a proposal that influence the award decision, are focused on different aspects of cost in the case of CTI's acquisition. To create a COA, assign these factors each a percentage, adding up to 100%. Weights are numerical values placed on factors based on their importance according to the team. When considering multiple COAs, team members should each give a score to each COA, ranking them with the highest score for the preferred option. The COA with the highest total when all team members' scores are added is usually selected to pursue. Pie chart in the shape of a smart phone, identifying 50% cell phones, 10% without data plan, 15% with data plan and 25% recycling costs. Example of Percentages for Factors Think about how the weights you choose for the cost factors relate to the goal of getting best value from the offeror to whom CTI awards the contract. You receive an email from Senior Contract Manager Talia Norduff with more information for the team. Email From: Talia Norduff, Senior Contract Manager, Calum Tech International To: You Subject: PowerPoint Outline for Course of Action Options I've been hearing great things from Robyn Jones about all your team's work and that you're gearing up for the negotiation process. Now that CTI has solicited bids from offerors and received cost proposals, your team will need to create a five-slide PowerPoint outline of your top three course of action options for the cell phone contract. These courses of action should align with the acquisition objectives, market research, and acquisition strategies the team has planned. At Calum Tech, we pride ourselves on our record of minimal bid protests and we want to maintain that by carefully planning for a fair, deliberate process. Outline three courses of action you recommend in PowerPoint slides with your team; I will follow up with some help on including narration. Your team's PowerPoint slides should clearly identify three viable ways of weighting the given factors that support CTI's use of the best value contract strategy. Be sure to divide responsibilities fairly so that each team member contributes equally to this document. Thank you for your continued dedication to this project, Talia Talia Norduff, Senior Contract Manager; Calum Tech International; 112 Park Avenue, Edgewater, Maryland; Two, one, zero, three, seven; phone, eight, five, five, six, five, five, eight, six, eight, two; email, tnorduff at CTI.gov Take Note "An offer gives power of acceptance to another party, and it includes the agreement's essential elements, which must be definite and certain. For example, if an offeror says to you, 'I offer to sell you my scooter for $400,' that offer is valid. It contains the price, the person to whom the offer is made, and the object of the offer (i.e., the scooter). It creates a power of acceptance in you, the offeree" (Lau & Johnson, 2012). Once your team has outlined your courses of action in PowerPoint slides, continue to the next step to add narration. References Lau, T. & Johnson, L. (2012). Business and the legal and ethical environment https://2012books.lardbucket.org/books/business-an... Step 3: Record Your Team's Voiceovers In this step, your team will flesh out the PowerPoint outline drafted in the last step with verbal narration about how the team chose the three courses of action proposed. Each team member will record part of the voiceover, which will explain your team's approach and how it relates to the best value contract strategy and the sealed bidding method. As promised, you receive a follow-up memo from Talia with additional direction for the narration requirement. Memo From: Talia Norduff, Senior Contract Manager, Calum Tech International To: You Subject: Voiceover Narration for Presentation Hello, I wanted to provide your team with some guidance on your voiceover narration. We'd like you to divide the narration evenly among your team members so that you each have an opportunity to speak about a factor. You'll want to cover each of the factors that you are assigning weight to in your COAs and how you chose its positioning in each of your three proposed COAs. As your team begins to analyze the cost proposals, remember that the focus of evaluating sealed bids is price, which includes our four factors: cell phone costs per unit data usage with a contract data usage without a contract recycling cost As a team, revisit your prioritization of these factors in the weights you chose, and let us hear why you chose the approach you did with the goal of best value. There are some challenges in group voiceovers for you to consider. How will you smoothly transition between members of your team to keep the presentation cohesive? Design the narration and the slides to complement each other rather than to repeat each other. Keep an accurate script of your team's narrations to make your voiceover easy to record and edit as needed as well as to ensure it is accessible for everyone. Thank you, Talia Talia Norduff, Senior Contract Manager; Calum Tech International; 112 Park Avenue, Edgewater, Maryland; Two, one, zero, three, seven; phone, eight, five, five, six, five, five, eight, six, eight, two; email, tnorduff at CTI.gov Submit a draft of PowerPoint outline with the recorded voiceover to your instructor for feedback. This process and feedback will aid you as you finish your acquisition plan. In the next step, you will revisit the ethical dilemma surrounding the supplemental waste disposal contract. Project 4: PowerPoint Outline of Factors With Voiceover Instructions Cover each of the factors that you are assigning weight to in your COAs and how you chose its positioning in each of your team's three proposed COAs. Remember that the focus of evaluating sealed bids is the price, which includes our four factors: cell phone costs per unit data usage with a contract data usage without a contract recycling cost Submit a draft of your PowerPoint outline with the voiceover to your instructor for feedback. I need 8-10 slides

READ MORE >>

Description I NEED STEP 3 COMPLETED BY AUG 20TH & STEP 6 COMPLETED BY AUG 23RD ...

Description I NEED STEP 3 COMPLETED BY AUG 20TH & STEP 6 COMPLETED BY AUG 23RD Leading Ethically and Legally at Home and Abroad Step 1: Perform Ethical Analysis Vice President Dodger has provided you with the Electropic LLC case file, which details recent events at Electropic LLC, one of Colossal’s technology companies. He has asked you to analyze the legal and ethical aspects of the case. The ethical aspects of the situation seem complex, and you realize that you need a structured way to think through the various resolutions to the case and their implications. You know that there are many different schools of ethical thought and a variety of frameworks or approaches for analyzing ethical problems, but you decide that the best approach to this particular situation is Badaracco's right versus right framework. You’ll start by working through the right vs. right ethical analysis, considering the various options for action and the winners and losers for each option. What are your recommendations for the best ethical course of action? Be sure to analyze all four questions and all three tests of Badaracco’s framework. When you've finished analyzing the ethical aspects of this case, continue to the next step, in which you'll consider any legal issues that could affect your decisions. Step 2: Perform Legal Analysis As you continue to sift through and consider all the details of the Electropic LLC case, Vice President Dodger reaches out with an important note: INBOX (1 NEW EMAIL) From: Kenneth Dodger, Vice President, Colossal Corporation To: You Just wanted to remind you that in addition to the ethical aspects of the Electropic LLC situation, there may be legal implications that the human resources department needs to account for before moving forward with any plan of action. To that end, you’ll need to review any relevant information about fraud and employment at will, that might affect what could or should be done about the situation at Electropic LLC. When you’ve worked through the possible legal implications and arrived at a recommended course of action for Electropic LLC's HR department, it's time to present your analyses, recommendations, and action plan in a report. Please use your outline and research notes to inform the writing of your report. That’s all for now. I know this is a tricky case. Thank you for your efforts. Ken Step 3: Write Your Electropic LLC Report Be sure to meet the following requirements laid out by the VP: Using Badaracco’s right vs. right framework and your legal analysis, prepare a report. Include APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the report using APA style, just the reference list). See references and citations for details. Include in your report a detailed analysis of all four questions and three tests of the Badaracco framework; also include an analysis of the legal issues. Include a specific recommendation on what actions, if any, HR should take based on your legal and ethical analysis and conclusions. The report should be no more than 10 pages (double spaced, 12-point font; the reference list does not count toward page limit). Step 4: Review the Global Shippers, Inc. Case File Now that you’ve submitted your response to the Electropic incident, you turn your attention to the Global Shippers case file. The vice president has appointed you to a board of confidential advisors to discuss whether the Global Shippers CEO's actions were legal and ethical. You open the file. Reading over the specifics of this situation, you soon understand that the VP is legitimately concerned about the legal and ethical violations. In the next step, you will gather the information you need to identify important issues for the VP. Step 5: Gather and Analyze the Information While you have some general awareness that there are many ramifications of international transactions from legal and ethical perspectives and many cultural differences among countries, you realize that you need to know a lot more about these subjects before you can attempt to respond to the VP's questions. Before you begin your research, listen to this introduction to cross-cultural awareness podcast as it relates to working with people from other cultures. Then review the following topics as you work to meet the VP's request: international business ethics, laws, and regulations, cross-cultural ethical business decision making (specifically focus on the "Ethical Theory in Global Business" resources), and country cultural differences. Step 6: Engage in the Global Law and Ethics Discussion Discussion Now that you’ve gathered information and analyzed the legal and ethical consequences of Manning’s actions as outlined in the Global Shippers case file, you’re expected to discuss your conclusions and rationales with the board of confidential advisors convened by Vice President Dodger. Two main requirements will structure this discussion: First, each board member is to post an initial response fully analyzing the following questions: Were Manning’s actions legal under the Foreign Corrupt Practices Act, and what are the possible penalties for violating the act? Were Manning’s actions legal under the UK Bribery Act and what are the possible penalties for violating the act? Were Manning’s actions ethical, particularly in light of differing cultural norms? When answering these questions, be sure to apply the following guidelines: Provide a full explanation for why all his actions were or were not legal and ethical in your discussion, including a full rationale for each conclusion. This post can be as long or as short as you need in order to effectively make your points. Second, each member of the confidential board of advisors must provide a substantive response to at least one posting from a colleague in the discussion, critiquing the initial post with rationale based on legal and ethical analysis.

READ MORE >>

Description Business law plays an integral part in both our personal and profes ...

Description Business law plays an integral part in both our personal and professional lives. A solid grasp of essential business law concepts is critical to successfully navigating complex and diverse business environments. You will assess relevant legal issues and apply the discipline-specific knowledge necessary to successfully address real-world business situations such as business formation and management, liability issues, and compliance with government and industry regulations. You will also effectively communicate issues and facts to peers and professionals. The final project represents an authentic competency. You will have the opportunity to present your analysis of the legal and ethical issues involved in three hypothetical business scenarios as well as to evaluate and make recommendations to avoid such issues in the future. This assessment addresses the following course outcomes: Apply the law regarding business relationships, such as agency law, partnership, and corporate law as strategies for appropriate and effective business management Analyze issues of real and personal property as they pertain to business formation and management Determine the legal rights and duties of the parties to commercial paper for their impact on fundamental business operations Analyze the rights and duties of the parties in credit transactions, including secured transactions and bankruptcy law, as they apply to fundamental business operations Evaluate the impact of government regulation on business practices for strategic and compliance purposes Prompt The final project for this course consists of two milestones and the final project submission. Milestones One and Two are short answers crafted in memo format from the perspective of a business consultant who is making recommendations to a client. For Milestones One and Two, use the case study to craft a professional memo that is appropriate in format, tone, and content to send to your clients Javier and Elena with your preliminary thoughts on their case. Your memos should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Your communications should always be clear, kind, and professional. The third element, the case study in the Final Project submission, will be a short, 2- to 3-page memo in APA format that will require you to independently issue-spot as well as provide a factual analysis of relevant law and recommendations. You will receive feedback on both milestones. Make any necessary revisions and then include them all in the final submission, where you will label them as Case Study 1, 2, and 3. Case Study 1 Javier is well-known in his town for his homemade salsa picante, also known as hot sauce. After years of encouragement, he has decided to take his product to market as “Javier’s Very Hot Sauce!” The label includes the subheading “It just might kill you!” The sauce is made with an extremely spicy hot pepper that can cause eyes to water and, in rare instances, abdominal pain and cramping. Javier plans to make and bottle his hot sauce in a large outbuilding on his 50-acre property. Javier and his wife, Elena, have two children: a son, Antonio, and a daughter, Maria. Maria does not work for the business. Javier expects Antonio to be involved with the business now, though. He even presented Antonio with an option to make him a partial owner at a later date. Antonio has been promoting the product for commercial sale. As a result, several local restaurants and grocers have placed orders with Javier. Antonio also intends to approach several national chains to secure supply contracts for Javier’s hot sauce. Javier has asked Antonio to assist him with sales and deliveries by using Antonio’s van. Both Antonio and Maria live with their spouses and children in homes built on their father’s property. Javier has told them they both will inherit the property in equal shares. Javier and Elena engage you as their business consultant to assist with the formation of their new business. This includes determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family property. While you are not an attorney, you are very familiar with the many legal details and nuances that need to be addressed before Javier goes further with his plan. After your initial meeting, you identify and research the following issues. Specifically, address the following rubric criteria in your memo to Javier and Elena: Describe the main types of business entities and their defining characteristics. Apply product liability law to determine issues and recommend mitigating actions. How would you advise your client to mitigate those issues? Apply the elements and characteristics of an agency relationship to actions. Determine if an agency relationship was created and if it provides justification. Does Antonio’s involvement prior to the business formation, and his anticipated role once the business is formed, create an agency relationship? Why, or why not? Identify potential real property issues based on the location of the business on the family property and provide justification for each. Determine if the manufacture process of Javier’s Very Hot Sauce! on the family property necessitates a formal transfer of ownership or possessory rights, and defend your response. Identify potential personal property issues based on the use of Antonio’s personal vehicle to deliver the product, and justify each potential issue. Determine if the use of a personal vehicle exposes Antonio or the business to any liability issues. Does the use of his personal vehicle in the course of business expose Antonio or the business to any liability issues? Defend your response. Identify potential estate planning issues. Identify potential estate planning issues regarding the business and the family property. Justify each potential issue. Determine what estate planning vehicles are available to transfer ownership between two parties and provide advantages and disadvantages to each. What estate planning vehicles are available to Javier and Elena if they want to transfer ownership of the business and family property to Antonio and Maria? What are the advantages and disadvantages of each? Apply legal and factual analysis to form a recommendation on an appropriate business entity and provide rationale. Applying your analysis of the issues above, which type of business entity do you recommend for Javier’s Very Hot Sauce!, and why? Case Study 2 Javier’s Very Hot Sauce! has hit the market. It has become a huge success locally, and they are looking to grow nationally. Javier has patented his famous concoction and trademarked the hot sauce’s name and logo. Demand is so high that Javier and Elena are working full-time on the business. Their children, Antonio and Maria, have now joined the company full-time as well. In fact, Javier has made Antonio and Maria partial owners of the business. Javier and Antonio handle the production, sales, and delivery. Elena and Maria handle most of the administrative and business management tasks. They hired a longtime friend, Tiffany, as the bookkeeper. While there are more employees now, Javier and Elena are the only authorized signatories on the corporate account. At this point, the business has only one business credit card that they use to buy Javier’s Very Hot Sauce! production supplies. There is also a small mortgage outstanding on the family property. The business owes vendors money for supplies, but it is consistently in the red. Individual family members carry high personal credit card balances. Antonio has a loan on the delivery van, too. Elena and Maria are working on securing a new production facility and distribution chain. They need this to accommodate an upcoming contract with a national chain. After locating a large warehouse on several acres, Elena and Maria approach their local credit union for a loan. An issue arises during the commercial loan accounting review process. The bank discovers that Tiffany has been siphoning off large amounts of corporate money and “cooking the books” to hide her actions. She has written several checks from the corporate account and forged both Javier and Elena’s signatures on several checks from the business’s account. Tiffany also wrote several of the forged checks to Don, a local loan shark, to repay her gambling debts. After feeling some guilt about her actions, Tiffany wrote one very large check out to “Cash” and slipped it into the collection box at church. The embezzlement is so severe that the family fears Javier’s Very Hot Sauce! business is on the brink of bankruptcy. Meanwhile, Antonio has refused to enter into an exclusive distribution deal with the local grocery store. This upsets Tyrone, the owner of the local grocery store. Tyrone has exclusively promoted Javier’s product and believes he is the one who made it a success. As a result of this dispute, Tyrone has discontinued buying the product. Tyrone has also reverse-engineered the recipe for Javier’s Very Hot Sauce! and has posted it online in an act of vengeance. Specifically, address the following rubric criteria in your memo to Javier and Elena: Determine the legal defenses Javier and Elena might raise about the checks written by Tiffany to Don, and explain why defenses will be successful or unsuccessful. Determine the legal defenses Javier and Elena might raise about the check written by Tiffany and delivered to the church, and explain why defenses will be successful or unsuccessful. Determine civil claims available to Javier and Elena against Tiffany based on her actions, and evaluate the potential for success. Analyze the forms of bankruptcy available to the business in this instance based on the chosen type of business entity, and determine which form is most appropriate and why. Assume the business entity is the same form as you chose in Case Study 1. Analyze the implications of a potential bankruptcy action on the business assets, and explain which are subject to forced sales, liens, or forfeiture. Assume the business entity is the same form as you chose in Case Study 1. Analyze the implications of a potential bankruptcy action by the business on the personal assets of the individual family members, and explain if the assets of business owners are subject to forced sale, liens, or forfeiture. Assume the business entity is the same form as you chose in Case Study 1. Determine the legal recourse Javier has against Tyrone for infringement of intellectual property rights, and explain why Javier will be successful or unsuccessful. Case Study 3 Both Javier’s family and the business have rebounded from their prior issues. Tiffany sought counseling for her gambling issues. She has worked hard to mend her relationships with the family. Before cashing the forged checks from Tiffany, Don was struck by lightning and experienced a spiritual enlightenment. He willingly returned the checks to Javier and Elena and promptly joined the Peace Corps. Likewise, when the church found out the donated check was a forgery, they immediately returned it. Tyrone’s wife (also Elena’s best friend) found out about Tyrone’s online sabotage. She promptly remedied the situation. Once Javier’s Very Hot Sauce! was back on track, the company’s growth was exponential. They were featured on a popular talk show starring a prominent chef. After this, online orders and demands from big-box chains nationwide skyrocketed. Javier and Elena have been told that now would be an ideal time to take Javier’s Very Hot Sauce! public. The only concerning issue at hand involves Manya, a local woman with an accounting degree. She applied for the open bookkeeper position. Javier told her that he needed a man and hired Marcos, a man without a degree and no experience instead. Manya has filed a claim of sex discrimination against the company and Javier personally. Javier and Elena are seeking your advice about Manya and the possibility of taking the company public. Complete a legal analysis of the given facts, including the following elements. Specifically, address the following rubric criteria: Evaluate three existing or potential legal or regulatory issues apparent in this fact pattern that might impact a public offering. Determine whether Javier’s Very Hot Sauce! is in compliance with government regulations involving public offering by analyzing relevant laws and using the appropriate legal test and facts given. Support your conclusions of law and provide recommendations to improve compliance and strategies for corporate growth. Milestones Final Submission: Case Studies 1, 2, and 3 In Module Seven, you will read the module resources and then respond to the remaining Case Study 3 critical elements, incorporating your feedback from the previous milestones. Submit the case study in a 4- to 7-page memo. Include rewrites of Milestones One and Two. Submit all three case studies as a final submission. This submission is graded with the Final Project Rubric.

READ MORE >>

Description Find a Contracts dispute or Breach of Contract lawsuit: 1) Summari ...

Description Find a Contracts dispute or Breach of Contract lawsuit: 1) Summarize the lawsuit in 2 or more sentences. 2) Attach the link 3) Try not to use a previously posted topic. Those are the ones that people already posted. Please don't use the same one. Rapper Flo Rida sued Celsius for $82.5 million for a breach in their contract. Flo Rida was an ambassador for Celsius when they were coming up in the business world. During this time, he made the company millions and it grew tremendously. He wasn’t given any of this revenue. He said he would take the 1% partnership they originally granted instead of the $82.5 million lawsuit. Likewise, the company didn’t give him his 1% earnings and he won the lawsuit for $82.5 million. Rapper Flo Rida awarded $82.6M for breach of contract case Leonard v. Pepsico: In this lawsuit, a 21 year old student sued Pepsi, claiming that Pepsi did not honor their offer. Pepsi jokingly put out a commercial in the mid-90's that advertised that you could get a jet if you accumulated 7,000,000 Pepsi points. A 21 year old student took them up on this offer by purchasing 7,000,000 Pepsi points for $70,000. Pepsi claimed that this was a joke and they refused to give him an actual jet. The courts agreed that any reasonable person would know that it was a joke and that it was not considered an offer. A class action lawsuit against the energy drink, Red bull, resulted in the company to pay over $13 million in following claims of false advertising. The plaintiff took Red Bull to court after claiming that he did not get wings from drinking the red bull, hence the slogan that reads "Red Bull gives you wings." The man says that he has been drinking Red Bull since 2002 and have not gotten his wings, suing Red Bull for the false advertising, Red Bull agreed to the settlement to avoid unpredictability and possible high costs of litigation. It occurred in the US, but Red Bull UK told The Independent: “The lawsuit was brought in the US and therefore only applies to US consumers. Red Bull maintains that its marketing is truthful and accurate.” Red Bull awards $13m to its customers for not giving them wings | The Independent | The Independent Taylor v. Johnson: a lawsuit over breeding race horses. Where an appointment was made to breed two maires and then the stud was sold. When the stud was sold it make shareholder priority over this prior agreement. This awarded $103,122.50 in damages to the plaintiff when both maires conserved twins making both maires have to abort there baby's because twins are unstable and can put the maire in great risk. https://law.justia.com/cases/california/supreme-co... Elon Musk was pressured to abide by a contract that was signed by SpaceX and himself to provide internet access to U.S military troops stationed in Taiwan. The breach of contract was brought forward by the Chinese Communist Party, when SpaceX failed to provide the necessary equipment (Starshield Satellites), which are designed to provide the U.S military with internet access in rural combat areas. The committee claimed the Elon Musk was withholding valuable equipment. The actions taking were to get the US lawmakers to push Elon Musk and SpaceX to provide the satellite tools needed for internet access in Taiwan. https://www.businessinsider.com/lawmaker-urges-elon-musk-provide-spacex-starshield-us-defense-taiwan-2024-2 In 2022, Odell Beckham Jr. filed a lawsuit against Nike seeking for $20 million in damages. Beckham claimed Nike intentionally depressed sales of products bearing his name to avoid hitting sales benchmarks that would have triggered an extension of his endorsement deal with the company. Beckham also claimed that Nike withheld $2 million owed to him last year. This year the wide receiver posted on Instagram that the lawsuit is finally over. In the end, neither party was given a monetary award, as the court concluded that no damages were found. https://www.usatoday.com/story/sports/nfl/2022/11/... In 2020, UCLA brought a breach of contract lawsuit against Under Armour. They claimed that under armour lied about their financial standing and ended up delivering products late and not making payments on time. UCLA demanded $200 million in damages. The dispute came about when under armour informed UCLA that it would be ending it's 15 year contract with them. https://www.rosenbaumtaylor.com/ucla-files-200-mil... Before the 2024 NFL Draft, Marvin Harrison Jr., a wide receiver drafted by the Arizona Cardinals in April, was sued by Fanatics due to Breach of Contract. His deal was worth up to a million dollars and was supposed to be used for autographs and trading cards and he went against his contract and used different trading card companies to make money. Fanatics previously paid Harrison Jr. in college and "has refused to fulfill his obligations". https://www.foxnews.com/sports/fanatics-sues-cardi... Jonathan Jackson is suing Kevin Hart for a 12-million-dollar breach of contract lawsuit. The lawsuit claims that Kevin Hart has breached the 2021 settlement that was supposed to free Jonathan Jackson of baseless extortion claims related to sexually explicit content from Kevin Hart back in 2017. Jonathan Jackson says that Kevin Harts failure to publicly exonerate him has hurt his career and reputation. Kevin Hart’s Former Friend Files $12 Million Breach Of Contract Lawsuit (msn.com) AMERICAN AIRLINES V. SABRE CORPORATION In October 2024, American Airlines filed a lawsuit against Sabre Corporation, claiming monopolistic practices and breach of contract. The airline alleges that Sabre failed to deliver critical services as outlined in their agreement, leading to substantial financial losses for American Airlines. This case raises significant questions about the power dynamics between airlines and technology providers and the implications of monopolistic behavior in the travel industry. As the lawsuit progresses, it could set important precedents for how contracts are enforced in this sector and the degree to which companies can exert control over essential services. https://www.reuters.com/legal/legalindustry/legal-fee-tracker-american-airlines-presses-139-mln-fee-bid-after-1-verdict-2024-10-10/

READ MORE >>

Description PHS-111 Module Five: Reading Assignment Directions: 1. Download t ...

Description PHS-111 Module Five: Reading Assignment Directions: 1. Download the following assignment and fill in the answers to the questions as you read the chapters in your book and the article links. You may use either a different color or font to differentiate between the question and your answer. Make sure to display the question and then the answer for each bullet. These are your notes (similar to what you'd take in class if you were attending a lecture). You don't need to write in complete sentences or use in text citations, but make sure each question is answered fully so you can reference them for the other assignments in the week. 2. When finished, upload your completed version as a .doc or .pdf file extension and submit to this assignment. For your reference, under the Files tab, in the "Grading Policies" folder, there is a rubric labeled "Reading Assignment Rubric" for how the reading assignments will be graded. This rubric and grading scheme will be used for all reading assignments throughout the semester. All reading assignments for the semester can also be found under the Files tab in the "Reading Assignments" folder. Feel free to work ahead on these. MOD 5 Reading Assignment: Reading MOD5 (2).docxDirections: 1. Download the following assignment and fill in the answers to the questions as you read the chapters in your book and the article links. You may use either a different color or font to differentiate between the question and your answer. Make sure to display the question and then the answer for each bullet. These are your notes (similar to what you'd take in class if you were attending a lecture). You don't need to write in complete sentences or use in text citations, but make sure each question is answered fully so you can reference them for the other assignments in the week. 2. When finished, upload your completed version as a .doc or .pdf file extension and submit to this assignment. For your reference, under the Files tab, in the "Grading Policies" folder, there is a rubric labeled "Reading Assignment Rubric" for how the reading assignments will be graded. This rubric and grading scheme will be used for all reading assignments throughout the semester. All reading assignments for the semester can also be found under the Files tab in the "Reading Assignments" folder. Feel free to work ahead on these. MOD 5 Reading Assignment: Reading MOD5 (2).docx

READ MORE >>

Description ProductsWeek 3 Discussion - Product Liability, Deceptive Advertisin ...

Description ProductsWeek 3 Discussion - Product Liability, Deceptive Advertising, and Unsafe Products Refer to Chapter 13 in your course textbook for this discussion. Respond to the following: Product liability law grew out of the notion of protecting consumers from deceptive advertisements of products and products that are unsafe and dangerous in the marketplace. Lawsuits for product liability actions are rooted in contract law and tort law. If a business sells a dangerous or defective product that can cause injuries to a customer, it creates a risk for legal action that could cost a lot of money. If a manufacturer's advertising results in deception and a breach of an expressed warranty or implied warrant, legal action can also result. Research and summarize one (1) type of lawsuit below using the resource links provided. Briefly explain the facts, your understanding of the law, and the decision and reasoning used by the court. One (1) breach of warranty lawsuit based on a deceptive advertisement OR one (1) product defect case pursuant to a product design defect, manufacturing defect, or a failure to warn of a defect. Imagine you were tasked with defending against a product liability tort action. Briefly explain the three (3) defenses in the reading and which you believe would be the most effective against the lawsuit example you provided and why. Resources: NEXIS-Uni Legal Database. Strayer Library Databases. Be sure to respond to one of your classmates' posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards. Classmate post:Hello Class, According to the Federal Trade Commission website, Car Shield was mandated to pay $10 million to settle FTC charges due to deceptive marketing tactics.(1) Car Shield used celebrities to promote the fact that they cover all car repairs. (1) Unfortunately, it was discovered that many repairs were not covered and FTC also alleges that both celebrities and consumers who endorsed Car Shield were making false statements. (1) Based on this weeks text, the three defenses one could use against a liability tort action are: 1. Misuse or Abnormal Use: Applies when a plaintiff has used a product in a way that was harmful to them despite warnings provided by the defendant/manufacturer. In addition, can apply when a plaintiff has used the product in a manner that the defendant/manufacturer could not anticipate. (2) 2. Contributory Negligence: Traditionally a complete defense to a product liability suit in negligence. An example of when this could be applied is when a plaintiff is using a product for recreational purposes that does not have necessary protections necessary to keep them safe when they are already injured which poses a knowingly higher risk. (2) Comparative Negligence has been adopted in some states that states that the plaintiffs negligence is not a complete defense. When this happens, it reduces the amount the plaintiff is entitled to recover for damages.(2) 3. Assumption of Risk: This is applied when a plaintiff uses a product that they know is dangerous to use. As an example, if they drive around in a car that they know has a recall is an implied assumption of risk. (2) When it comes to the Car Shield case, it is very hard to decide. However, I would use comparative negligence. I would make sure to bring up what the plaintiff did to obtain clarification on fine print in the advertisements. It does say that service contracts are on behalf of leading third-party administrators and that programs may vary based on information obtained about the car, such as vehicle use, mileage, state and pre-existing conditions. In addition, states that all claims must be pre-authorized before repairs are made. As a result, making both parties responsible for negligence will help to reduce the amount owed to the plaintiff. Thanks, Daisy Sources: 1. Federal Trade Commission. September 30, 2024. CarShield. https://www.ftc.gov/legal-library/browse/cases-proceedings/2223031-carshieldLinks to an external site.. 2. Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment (12th ed.). Cengage Learning US. https://strayer.vitalsource.com/books/979821433887... Week Assignment: Week 3 Activity - Product Liability Law Case Summary Week 3 Activity - Product Liability Law Case Summary Due: Mon Oct 21, 2024 9:00am10/21/2024 Ungraded, 65 Possible Points65 Points Possible Attempt In Progress NEXT UP: Submit Assignment Unlimited Attempts Allowed Available after Sep 29, 2024 12:00am9/29/2024 Overview In this activity, you review the product liability of a selected case and create a brief that summarizes its legal elements. Instructions Choose a case from the cases presented below: Case 1 Brooks v. Mission Stucco Co., 2024 Cal. App. Unpub. LEXIS 5519 (Court of Appeal of California, Second Appellate District, Division Three. August 30, 2024, Opinion Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CVH-3CY3-RRP2-2508-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Case 2 Gil v. Petco Health & Wellness Co., 2024 U.S. Dist. LEXIS 153421, 2024 WL 3949321(United States District Court for the District of New Jersey. August 27, 2024, Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CTY-MKV3-S4Y5-355M-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Case 3 Summers v. FCA US LLC, 2024 U.S. Dist. LEXIS 151320 (United States District Court for the Eastern District of Louisiana. August 23, 2024, Filed).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6CT3-KB13-RSTK-X37H-00000-00&context=1519360&identityprofileid=XG7R2Q51703. Case 4 Wyeth v. Levine, 555 U.S. 555, 129 S. Ct. 1187, 173 L. Ed. 2d 51, 2009 U.S. LEXIS 1774, 77 U.S.L.W. 4165, CCH Prod. Liab. Rep. P18,176, 21 Fla. L. Weekly Fed. S 675 (Supreme Court of the United States March 4, 2009, Decided).https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a4VRY-4YV0-TXFX-13DM-00000-00&context=1519360&identityprofileid=XG7R2Q51703. Case 5 Oglesby v. Medtronic, Inc. Medtronic USA, Inc., 2024 U.S. App. LEXIS 7138, 2024 WL 1283341 (United States Court of Appeals for the Fifth Circuit. March 26, 2024, Filed)https://advance-lexis-com.libdatab.strayer.edu/api/document?collection=cases&id=urn%3acontentItem%3a6BN4-SH03-RRVB-S317-00000-00&context=1519360&identityprofileid=XG7R2Q51703 Using the Week 3 Activity Template Download Week 3 Activity Template[DOCX], accurately summarize the following regarding a design defect, a manufacturing defect, and/or a failure-to-warn cause of action in a brief that effectively lays out the following legal elements of the case: Case facts. Parties and their arguments. Proceedings of the court case - what happened in the court(s)? The law regarding product liability defect The holding of the court and its reason(s). This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions. Week 3 Activity - Product Liability Law Case Summary Week 3 Activity - Product Liability Law Case Summary Criteria Ratings Pts Create a brief that accurately summarizes all specified legal elements presented in the scenario. (100%) 65 to >58.49 pts Exemplary Created a brief that accurately summarized all specified legal elements presented in the scenario. 58.49 to >51.99 pts Competent Created a brief that summarized specified legal elements presented in the scenario but with 1–2 significant errors or omissions. 51.99 to >45.49 pts Needs Improvement Created a brief that summarized specified legal elements presented in the scenario, but with 3–5 significant errors or omissions. 45.49 to >0 pts Unacceptable Did not submit or did not create a brief or created a brief with more than 5 significant errors or omissions. / 65 pts Total

READ MORE >>

Description f the answer notes to round to the nearest dollar and you round to ...

Description f the answer notes to round to the nearest dollar and you round to the nearest cent, the answer wouldn’t be marked wrong because of that. If the answer notes to round to the nearest hundredth of a percent and you enter 1.23456789% for a ques on where the correct answer should be 1.23%, the ques on wouldn’t be marked incorrect for having too many digits

READ MORE >>

Description (see attachment for details of the assignment) A number of vehicle ...

Description (see attachment for details of the assignment) A number of vehicle manufacturers have been found guilty of falsifying their data on car emissions in order to make the vehicle appear to meet vehicle emission standards set by their governments. This means that the cars were emitting more pollutants that are damaging to the environment than scientists had previously thought. Using the VW case study from the recommended textbook and/or the related documentary Hard NOx (Dirty Money), answer the following questions: Questions: Total Word Count - 3000 words 1. Outline the main points of the VW emissions scandal. 2. Analyse, using Rest’s four stage model of ethical decision-making, at what stage VW deviated from the model in its decision-making processes regarding the attempted cover-up. 3. How can individual decision-making theories (e.g. Cognitive Moral Development and Moral Intensity) be applied to this case? 4. What does this case say about sustainability? How can we apply sustainability and other CSR theories to this case? How would Milton Friedman (shareholder theory) perceive this case? 5. Do you think that VW’s senior management handled the scandal well? Could earlier admission of the fraudulent activities have reduced the negative impact on the firm? 6. How could VW seek to improve their approach to ethics management in the future? Can claims that the firm has so quickly changed its culture stand up to scrutiny? 7. What does this case (and other cases mentioned on this module) reveal about the relationship between technology and ethics? How can companies (including your own company) ensure that technology is used ethically? References Crane, A., Matten, D., Glozer, S., & Spence, L. (2019). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press, USA. Gibney, A., & Gibney, A. (2018). Hard NOx. Dirty Money.


READ MORE >>

Description Briefly describe the issue addressed by the policy as well as the b ...

Description Briefly describe the issue addressed by the policy as well as the background of the policy’s formulation. Identify key stakeholders involved in the evolution of this policy. Briefly explain the overarching perspectives of these stakeholders with regard to the policy. Define which of the stakeholders would be considered advocacy groups and which would be classified as business interests. Explain how you differentiate the two categories and why this differentiation matters. Explain the impact of the policy on key stakeholders (not necessarily within the organization). For example, how does the policy impact consumers? A healthcare organization? An insurance company? Providers? Explain the role of various government agencies and officials, including public health agencies, in the formulation and implementation of the policy. Explain the ongoing role of law and regulation in the formulation and implementation of the policy.

READ MORE >>
QUICK ORDER

Place a Quick Order

Our verified writers got you covered. Let us help you balance between studies, work, and family.

We provide our assistance to the numerous clients looking for a professional writing service.

Order Now
Designed and developed by Brian Mubichi (mubix)
WhatsApp