...MEMORANDUM Supervising Attorney 29 DEC 2015 Personal Jurisdiction Out of State Business Transactions FACTS Froogle a California based company, files a complaint against Mary, a client from Vermont. Mary argues that California does not have personal jurisdiction over her. All business is done over the internet; Mary has never been to California. ISSUE Does California have personal jurisdiction over Mary? RULE Snowney v. Harrah's Entertainment, Inc., 35 Cal. 4th 1054, 1055 (Cal. 2005), outlines the rule When determining whether specific jurisdiction exists, courts consider the relationship among the defendant, the forum, and the litigation. A court may exercise specific jurisdiction over a nonresident defendant only if: (1) the defendant has purposefully availed himself or herself of forum benefits; (2) the controversy is related to or arises out of the defendant’s contacts with the forum; and (3) the assertion of personal jurisdiction would comport with fair play and substantial justice. In Shisler v. Sanfer, 146 Cal App 4th 1254 (2006), the defendant, whose principal place of business was in Florida, maintained a website that advertised cars for sale. Plaintiff, a California resident, saw defendant’s advertisement and bought a car. Plaintiff was not happy with car and filed suit in California. Defendant claims California lacked personal jurisdiction of him. The trial court agreed with defendant and plaintiff now appeals. In order to sue the...
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...Summary of Facts Mary owns and operates a business in Vermont that sells ski equipment to resorts based in Vermont. Mary signs a contract with California-based company Froogle, allowing her to advertise on their website. Mary never visits California, doing all her business either by phone or online. Froogle alleges Mary has violated the contract between the two parties and files suit in California. Mary claims California holds no jurisdiction over her, while Froogle believes that the company being based in California gives enough credence over personal jurisdiction. Issue The issue in this case is whether or not the California Court has personal jurisdiction over Mary. Rule Abbott Power Corp. v. Overhead Elec. Co., 131 Cal. Rptr. 508 (Cal. Ct. App. 1976), held that Cal. Code Civ. Proc. § 410.10, which states that a court may exercise jurisdiction on any basis not inconsistent with the state or federal constitutions, allows for the broadest possible exercise of judicial jurisdiction. Burger King Corp. v Rudzewicz, 471 U.S. 462, 471 (1985), ruled that for a case concerning a foreign defendant to be heard, the defendant must have intentionally established minimum contacts in the forum state. Typically establishing minimum contacts means that the defendant must have taken actions deliberately directed toward the forum state. This does not require for the defendant to ever be present within the forum state; however, purposeful availment and minimum contact should not...
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...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify as either...
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...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify...
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...40.) 802.11b: NETGEAR ANT24O5 5dBi Omni-Directional 802.11 22.99 http://www.compuplus.com/ D-Link ANT24-0600 - Antenna - 802.11 b/g - indoor - 6 dBi – directional 14.99 http://www.amazon.com/D-Link-ANT24-0600-Antenna-802-11-directional/dp/B00064AW62 802.11a: TRENDNET TEW-AI75OB DUAL-BAND 802.11A/G 7/5DBI ANTENNA (TEWAI75OB) 23.65 http://www.beachaudio.com/Trendware/Tew-Ai75ob-p-89924.html?utm_source=froogle&utm_medium=cpc&utm_campaign=tew-ai75ob&utm_content=atr Outdoor Pannel Antenna 23DBI 802.11A Directional 152.00 http://www.amazon.com/Outdoor-Pannel-Antenna-802-11A-Directional/dp/B0016HM8VA 802.11g: PROSAFE™ 9 DBI OMNI-DIRECTIONAL ANTENNA ANT2409 129.99 http://www.netgear.com/products/business/access-points-wireless-controllers/antennas-cables/ANT2409.aspx Sewell Part #: SW-6130 Mfg Part #: TEW-OA24D 164.95 http://sewelldirect.com/trendnet-802-11g-wireless-WLAN-24dBi-outdoor-antenna.asp?source=froogle&utm_source=Froogle&utm_medium=cse&cvsfa=1306&cvsfe=2&cvsfhu=53572d36313330 802.11n: CP TECH OAN-2151 Omni-directional Antenna $64.24 http://www.buy.com/prod/cp-tech-oan-2151-omni-directional-antenna-15-dbi-n-type/q/loc/101/210878384.html Netgear ProSafe ANT224D10 2X2 Indoor/Outdoor 10 dBi Directional Antenna, RoHS Compliant, P/N: ANT224D10-10000S. $230 http://www.axiontech.com/prdt.php?item=90457 41.) I would look around and see what other wireless devices, cordless phones, Bluetooth devices and the such to...
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...TO: NPC Grader FROM: Sarrah Marting DATE: October 10th, 2015 RE: Froogle v. Mary FACTS: Froogle is based in California, Mary has a business in Vermont. Froogle and Mary have a contract allowing Mary to advertise on Froogle’s search engine. Mary has never been in California, all communication between Froogle and Mary has been done via telephone and internet. Froogle claims that Mary has violated their agreement. Froogle has filed a suit against Mary in the Superior Court for the county of Monterey, in Salinas California. ISSUE: Does the Superior Court of Salinas California have personal jurisdiction over Mary an out of state defendant who advertises on a California based search engine? RULE: In Pavlovich v. Superior Court, 29 Cal. 4th 262 (2002), the defendant contended that the court did not have jurisdiction over him solely on the posting of a source code on his website. The court found that having a website, like placing a product into the stream of commerce may be felt nationwide worldwide even, but without more it is not an act of purposefully directed toward the forum state. California courts may exercise personal jurisdiction on any basis consistent with the Constitutions of California and the United States. ( Code Civ. Proc., § 410.10.)In making this determination, courts have identified two ways to establish personal jurisdiction. “Personal jurisdiction may be either general [269] or specific. A court...
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...and lists of values to shape the evolution of the company.In 2004,google started to auction off shares to public with $85 a share.Google then inroduced other creative products like gmail,google map,etc as well as enter some partnership agreements. Then we do some SWOT analysis. Strengths like google have a very innovative search engine and they offer varies of services as well as new products and tools which own to the innovative corporate culture;The three-step advertising program generated economic advantage sequentially;Since their core value is focus on the user,customer experience would be in high level of satisfaction. Weaknesses could be apparent that google relys most revenues on advertising which maybe risky;Some products like froogle and google`s travel were totally lose;Meanwhile,google faced many sue events due to...
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...quick search. 1998: PageRankTM Algorithm favored pages that were referred by other pages and was determined by counting its inbound link. Till now the only source of revenue was licensing search technology to other search engines, no advertising revenues. Dec 1999: Paid Listing, cost per impression basis, i.e. they changed advertisers each time user views thread irrespective of clicking on the link. Mid 2001: Without spending on Marketing, Google became the 9th largest website in US. 2002: Google adopted a variant of cost per click (CPC) model. They weighted CPC by actual click through rate (CTR) to its expected CTR, i.e. Ads with higher CTR received more prominent position and vice-versa. This maximized their revenue. Google launches Froogle, a product search that identifies merchants for specific products along with prices. Merchants paid neither for their products to appear nor for referral fees when user clicked. May 2002: AOL switches fully to Google Algorithm and paid listing. March 2003: Launches contextual paid listing called AdSense, presented Ads on webpages with primarily editorial context. Jan 2004: Google launched personalized search, worked as per users past search and also provided history of searches. Google improved feature by offering advertisers free software to optimize paid listing campaigns. 2004: Google market share surpasses Yahoo and grows to 58.4% by 2007 and 65.6% by 2009. Factors affecting Paid Listing...
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... | Part II Select three of the identity categories below and name or describe at least 3 related stereotypes for each: • Race • Ethnicity • Religion • Gender • Sexual orientation • Age • Disability |Category |Stereotype 1 |Stereotype 2 |Stereotype 3 | |Sexual Orientation |Dike: A gay female that dresses |Fag: A gay male that dresses or |Recruiter: All gay people try | | |or acts more masculine. |acts more feminine. |and make other people gay. | |Race |Poor: African/ Black Americans |Froogle: Asian always penny |Illegal: All Hispanics are | | |live in poor neighborhoods. |pinch. |illegal. | |Religion |Recruiter: If you aren’t |Polygamy: All...
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...Strategic Analysis Google (GOOG) Presented By Josh Schumacher Charity Thomas Frieder Mack Jennifer Bell “To organize the world’s information, and make it universally accessible and useful.” 1998 2000 September, Google opened its door in Menlo Park, CA. Google officially became the world's largest search engine with its introduction of a billion-page index June 26, Google and Yahoo! announced a partnership that solidified the company's reputation — not just as a provider of great technology, but as a substantial business answering 18 million user queries every day. 2001 August, Dr. Eric Schmidt joined Google as CEO 2003 Google acquired Pyra Labs and became the home for Blogger, a leading provider of services for those inclined to share their thoughts with the world through online journals. July, Google acquired Picasa, a digital photo management company helps users to organize, manage and share their digital photos. October, Google acquired Keyhole, a digital and satellite image mapping company based in Google's own headquarter town, Mountain View, CA. 2004 2005 Google acquired web analytics firm Urchin Software. Corporate Culture “If we don’t have any of these mistakes we’re just not taking enough risks”. “Crazy definitely triumphs comfy at Google” Get Uncomfy: That means never settle into an equilibrium (a.k.a. "rut"), but don't fall apart either (a.k.a. the "chaos trap") Pace Yourself: The goal should be creating an internal rhythm...
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...1. A best selling author decides to cash in on her latest novel by selling the rights to the book’s royalties for the next four years to an investor. Royalty payments arrive once per year, starting one year from now. In the first year, the author expects $400,000 in royalties, followed by $300,000, then $100,000 then $10,000 in the three subsequent years. If the investor purchasing the rights to royalties requires a return of 7 percent per year, what should the investor pay? What the investor should pay is the present value of royalty payments. The discounting rate is given as 7%. We get Year Royalty Payment (1) Discounting Factor (2) Present Value (1X2) 1 400,000 0.9346 373,832 2 300,000 0.8734 262,032 3 100,000 0.8163 81,630 4 10,000 0.7629 7,629 5 10,000 0.7130 7,130 6 10,000 0.6663 6,663 Total present Value 738,915 The discounting factor is calculated as 1/1.07^n where n is the time period. The investor should pay $738,915 Bond Prices and Interest Rates 12. Bennifer Jewelers recently issued ten-year bonds that make annual interest payments of $50. Suppose you purchased one of these bonds at par value when it was issued. Right away, market interest...
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...Support for High Definition Cameras. Support for High-Definition IP Cameras Kevin O’Neal DeVry University NETW206: Introduction to Switching Submitted to: Professor: Hopkins Date: 7-15-2012 Support for High Definition Cameras. My choice for the 150 high definition surveillance cameras would be the Aventura CAM-IPM-2D-29PIRVP 2 Megapixel IP Dome Camera. This camera has 2.0 Megapixel Resolution (1600x1200), Infrared/IR Cut Filter up to 60ft. and POE (Power Over Ethernet) support. These cameras should be combined with the Cisco Catalyst 3750-24PS switch at the access layer. 20 cameras should be combined on a single switch creating 160 mbps of maximum bandwidth per switch. By using 2 IP cameras at each location, redundancy can be created in the event of a switch failure. At each location, each of the two cameras would be on separate switches. The Cisco 3750 series access switches are IEEE 802.3af, QoS, and rapid spanning-tree compliant. The 8 Cisco Catalyst 3750-24PS access switches should be combined with 2 or more Cisco WS-X4624-SFP-E line cards installed in a Cisco Catalyst 4506-E Chassis with redundant, hot-swappable power supplies and redundant, hot-swappable Supervisor Engine 6-E’s. The Cisco Catalyst 4506-E with up to 6 slots per chassis allows for both redundancy and scalability. In this merged distribution and core layer, the next step would be the media servers at a rate of 16 cameras per media server. In this configuration each switch will support up to 20 cameras per...
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...1. Google’s key value discipline is product leadership. Since its IPO in August of 2004, Google has expanded its sphere beyond web search and into content hosting, communications applications, productivity applications, content hosting and more. Through the use of IT innovation, knowledge of the market, and superior analysis tools, Google began developing unique products by launching its own parallel applications beyond competitors’ offerings. These applications include: sophisticated web search algorithms, paid listings systems (AdSense), Froogle, Gmail, Google Maps, Google Books, Google Finance, Google Calendar, Google Checkout, Google Docs, Google Analytics, Google Chat, Google Voice, Google News, cellular phone software, cloud-based applications and more. These products moved Google’s domain beyond web search and into e-commerce, giving Google its competitive advantage in product/service leadership. Google’s success is attributable to two reasons: 1. Improvement on Overture’s process of ranking paid listings and 2. Two to three times as many advertisers on Google’s paid listings network as Overture. Google strives to maintain is technical advantage by continual invention and improvement of cutting edge web applications and products against its competitors. Recently, Google unveiled new products and ambitious projects such as the all-new Nexus 7 and Jelly Bean, the upgraded Android OS, similar to a Siri-like “technical assistant”; a prime example how Google offers ordinary...
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...outlets. It is widely known that Google offers many benefits to their employees in several different ways. As the leader in global technology, Google offers multiple perks to their employees to keep them motivated and producing highly innovative ideas. This tech giant has proven itself to be the gold standard for employers to model. Google is the leading global technology company that focuses on improving the ways people connect with information. Most commonly known for their search engine, Google also has many different services that anyone can use as long as they have an Internet connection. Some of these services include Google Images (online image library), Google news (news feeds), Google Finance (financial news and information), and Froogle (comparison shopping services). The company manages a large inventory of websites and website content that is made freely available through its search engine (Cook, 2012). Google generates 97% of its entire revenue through its advertising, with its two major sources being Google Adwords and Adsense (Cook, 2012). Being the leading search engine in the world and holding a strong market position Google is one of the world’s top ranked brands. Due to the constantly changing advances in the world today companies are required to constantly find new ways and approaches to recruit the best employees for their organization. Not only do they have to find these top talented individuals, they also have to retain the top talent, as well as motivate...
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