Free Essay


In: Business and Management

Submitted By abbas867
Words 3632
Pages 15
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------- x UNITED STATES OF AMERICA, : : -v: : RAJAT K. GUPTA, : : Defendant. : ------------------------------------- x JED S. RAKOFF, U.S.D.J.


The Court is called upon to impose sentence on Rajat K. Gupta, who on June 15, 2012, was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to Raj Rajaratnam. Federal law requires a court to state, not only orally

but in writing, its reasons for imposing a sentence “different from” a Guidelines sentence. 18 U.S.C. § 3553(c)(2). See also United

States v. Rattoballi, 452 F.3d 127, 128-29 (2d Cir. 2006). This will be a non-guidelines sentence, and, accordingly, the Court will both read this Sentencing Memorandum in open court and docket it promptly thereafter. Imposing a sentence on a fellow human being is a formidable responsibility. It requires a court to consider, with great care and The notion that

sensitivity, a large complex of facts and factors.

this complicated analysis, and moral responsibility, can be reduced to the mechanical adding-up of a small set of numbers artificially assigned to a few arbitrarily-selected variables wars with common


Whereas apples and oranges may have but a few salient

qualities, human beings in their interactions with society are too complicated to be treated like commodities, and the attempt to do so can only lead to bizarre results. Nowhere is this more obvious than in this very case, where the Sentencing Guidelines assign just 2 points to Mr. Gupta for his abuse of a position of trust -- the very heart of his offense -- yet assign him no fewer than 18 points for the resultant but unpredictable monetary gains made by others, from which Mr. Gupta did not in any direct sense receive one penny. It may be worth remembering that the Sentencing Guidelines were originally designed to moderate unwarranted disparities in federal sentencing by enacting a set of complicated rules that, it was hypothesized, would cause federal judges to impose for any given crime a sentence approximately equal to what empirical data showed was the average sentence previously imposed by federal judges for that crime. 96 (2007). See generally Kimbrough v. United States, 552 U.S. 85, From almost the outset, however, the Guidelines deviated For example, even though a perceived racial

from this goal.

disparity in sentencing was one of the evils the Guidelines were designed to combat, in actuality the Guidelines imposed in narcotics sentencing a huge racial disparity that dwarfed any prior such problem. Specifically, the Sentencing Commission, based on limited


and faulty data, originally determined that an ounce of crack cocaine should be treated as the equivalent of 100 ounces of powder cocaine for sentencing purposes, even though the two substances were chemically almost identical and, as later studies showed, very similar in their effects. Since, however, 85 percent of crack

cocaine offenders were black, while most of those who dealt in powder cocaine were Caucasian or Hispanic, the result of the 100-to-1 ratio was to force upon the courts a gross racial disparity in narcotics sentencing. See id. at 97-98. It was only in 2010 that the ratio was

changed from 100-to-1 to 18-to-1; and even then as much on the basis of conjecture as evidence. See generally Dorsey v. United States, 132 S.Ct. 2321, 2326 (2012). For the Sentencing Commission had no more

empirical basis for imposing the ratio of 18-to-1 than for earlier imposing the ratio of 100-to-1. In both cases, the numbers were plucked from thin air. While this example is drawn from the area of narcotics, the fundamental point is equally applicable to the instant case. Here, as there, the numbers assigned by the Sentencing Commission to various sentencing factors appear to be more the product of speculation, whim, or abstract number-crunching than of any rigorous methodology –- thus maximizing the risk of injustice. Another example of the deviation of the Guidelines from the original goals of the Sentencing Commission –- and one more directly relevant to the instant case –- is the huge increase in the 3

recommended Guidelines sentences for securities fraud cases.


Guidelines’ calculations for this offense are no longer tied to the mean of what federal judges had previously imposed for such crimes, but instead reflect an ever more draconian approach to white collar crime, unsupported by any empirical data. Take the hypothetical but

typical case described by Professor Kate Stith of Yale Law School, involving a typical securities fraud defendant who pled guilty to inflating the financial figures of a public company, thereby causing at least 250 shareholders to collectively suffer a reduction of more than $12.5 million in the value of their shares. In 1987, such a defendant would have faced a Guidelines sentence of 30-37 months; but by 2003, the same defendant would have faced a Guidelines sentence of 151-188 months, a more than 500% increase. See Kate Stith, Federal Sentencing: The One-Way Ratchet, New York City Bar Association First Annual Conference on White Collar Crime (May 2012). Was such a crime really 500% worse in 2003 than it was in 1987? Had any of the

factors that underlie rational sentencing so radically changed as to warrant such a huge increase? In fairness, this vast increase in white collar sentencing was partly mandated by Congress, reacting in turn to public outcry over such massive frauds as Enron and WorldCom. But in implementing

the Congressional mandate, the Sentencing Commission chose to focus largely on a single factor as the basis for enhanced punishment: the amount of monetary loss or gain occasioned by the offense. By making


a Guidelines sentence turn, for all practical purposes, on this single factor, the Sentencing Commission effectively ignored the statutory requirement that federal sentencing take many factors into account, see 18 U.S.C. § 3553(a), and, by contrast, effectively guaranteed that many such sentences would be irrational on their face. This Court has already had occasion to comment on the unreasonableness of this approach in United States v. Adelson, 441 F. Supp. 2d 506 (S.D.N.Y. 2006), and hereby adopts by reference the observations made there. But there is no better illustration of the

irrationality of this approach than the instant case: for of the total of 30 Guidelines points calculated by the Probation Department and endorsed by the Government as reflecting the proper measure of Mr. Gupta’s crime and punishment, no fewer than 20 –- or two-thirds of the total -– are exclusively the product of Rajaratnam’s and his companies’ monetary gain, in which Mr. Gupta did not share in any direct sense. It might be argued that the Guidelines still work to minimize disparities. But if the sentences so calculated are the product of

placing an overwhelming emphasis on a factor that may be central to some frauds but largely incidental to others, the effect is to create, in the name of promoting uniformity, a sentencing disparity of the most unreasonable kind.


The heart of Mr. Gupta’s offenses here, it bears repeating, is his egregious breach of trust. Mr. Rajaratnam’s gain, though a

product of that breach, is not even part of the legal theory under which the Government here proceeded, which would have held Gupta guilty even if Rajaratnam had not made a cent. While insider trading

may work a huge unfairness on innocent investors, Congress has never treated it as a fraud on investors, the Securities Exchange Commission has explicitly opposed any such legislation, and the Supreme Court has rejected any attempt to extend coverage of the securities fraud laws on such a theory. See, e.g., Chiarella v.

United States, 445 U.S. 222, 232-235 (1980). Prosecution of insider trading therefore proceeds, as in this case, on one or more theories of defrauding the institution (or its shareholders) that owned the information. See, e.g., Dirks v. SEC, 463 U.S. 646, 660-64 (1983); In the eye of the law,

Carpenter v. U.S., 484 U.S. 19, 25-27 (1987).

Gupta’s crime was to breach his fiduciary duty of confidentiality to Goldman Sachs; or to put it another way, Goldman Sachs, not the marketplace, was the victim of Gupta’s crimes as charged. Yet the

Guidelines assess his punishment almost exclusively on the basis of how much money his accomplice gained by trading on the information. At best, this is a very rough surrogate for the harm to Goldman Sachs. The Court is nonetheless mandated to calculate the defendant’s Guidelines range, see 18 U.S.C. § 3553(a)(4)(A), even if,


as the Court now holds, the non-guideline sentence that it intends to impose would not vary one whit if the Guidelines calculation was that proposed by the Government, that proposed by the defendant, or anywhere in between. The parties agree that the base offense level for the offense of which Mr. Gupta stands convicted is 8 points, and that 2 points must be added for abuse of trust. To these 10 points must be added

the number of points corresponding to the amount of monetary gain resulting from the offense. Such gain is defined in the official

comment to the pertinent section of the Guidelines as “the total increase in value realized through trading in securities by the defendant and persons acting in concert with the defendant or to whom the defendant provided inside information.” U.S.S.G. § 2B1.4 cmt. Judge Holwell pointed out in connection with Mr. Rajaratnam’s sentencing, this “phrase is not a model of clarity.” United States v. Rajaratnam, No. 09 Cr. 1184 (RJH), 2012 WL 362031, at *14 (S.D.N.Y. Jan. 31, 2012). Nonetheless, it seems reasonably clear to this Court that the comment limits the calculation to gains made or losses avoided in trades that were based, in whole or in part, on the inside information. In the instant case, however, it is also clear to the Court, both from the jury’s split verdict and from the Court’s own assessment of the evidence, that the trades in question were those made by Rajaratnam and his Galleon funds on September 23, 2008 and As


October 24, 2008, directly and immediately as the result of tips from Gupta.1 In the former case, Gupta, late on the afternoon of September 23, tipped Rajaratnam about Warren Buffett’s soon-to-be-announced infusion of $5 billion into Goldman Sachs, whereupon Rajaratnam caused various Galleon funds to purchase large quantities of Goldman stock just before the market closed. When the Buffett investment was

announced the following morning, the stock surged, causing Galleon to realize an immediate gain of $1,231,630. In the latter case, Gupta,

on October 23, tipped Rajaratnam that Goldman Sachs would soon report third quarter losses, whereas many analysts were predicting a profit. On the next day, Rajaratnam sold 150,000 shares of Goldman. Thereafter, as word began to seep out about Goldman’s reduced prospects, the stock began to fall, and when the poor third quarter results were finally made public on December 16, 2008, it fell still further. Based on all the evidence, the Court concludes that it is more likely than not that Rajaratnam, in the absence of Gupta’s tip, would not have caused Galleon to sell its valuable Goldman stock until the morning of December 17, 2008. The tip thus enabled Galleon to avoid losses of $3,800,565. Taken together, therefore, the

If the Court were assessing the evidence without the benefit of the jury’s verdict, it might find that the Government had proved, at least by a preponderance of evidence, that some of additional Galleon trades were also, as the Government alleged, the product of Gupta’s tips. But a decent respect for the jury’s assessment of the evidence, albeit under a higher standard, properly informs this Court’s assessment. 8


September and October tip-based trades resulted in an illegal “gain” of $5,032,195. This figure, while large, is less than one-third of the $15,355,409 gain calculated by the Government and endorsed by the Pre-Sentence Report of the Probation Department. But in the

arbitrary world of the Guidelines, this big difference makes little difference. Instead of adding 20 points to Gupta’s Guidelines score, it adds 18 points, still overwhelming all other factors. Although the defendant propounds a number of other theories for still further reducing the gain figure, see Sentencing Memorandum of Rajat K. Gupta at 55-67, the Court rejects these arguments, essentially for the reasons given by Judge Holwell in rejecting similar arguments at the time of the Rajaratnam sentencing, 2012 WL 362031, at *13-15, as well as the additional reasons set forth in the Government’s two sentencing memoranda submitted in this case. Thus,

the Court concludes that the total offense level is 28, the criminal history category is I, and the Guidelines range is 78 to 97 months’ imprisonment. But this Guidelines range does not rationally square with the facts of this case, not only for the reasons already stated but also because it does not take adequate account of the factors this Court is required by law to consider in imposing sentence. The Court

therefore turns to the bedrock of all federal sentencing, section 3553(a) of Title 18, entitled “Factors to be considered in imposing a



The very first factor is “the nature and circumstances of

the offense and the history and characteristics of the defendant” (emphasis supplied). Thus, at the very outset, there is presented

the fundamental problem of this sentence, for Mr. Gupta’s personal history and characteristics starkly contrast with the nature and circumstances of his crimes. All the evidence before the Court -– not just the letters written on Mr. Gupta’s behalf but also the objective facts of record –- establish beyond cavil that Mr. Gupta has selflessly devoted a huge amount of time and effort to a very wide variety of socially beneficial activities, such as the Global Fund to Fight AIDS, Tuberculosis and Malaria, the Public Health Foundation of India, the Indian School of Business, the Pratham Foundation (which provides quality education to underprivileged children in India), the Cornell Medical School, the Rockefeller Foundation, and many many more. well summarized in his counsel’s sentencing memorandum, such activities are but illustrations of Mr. Gupta’s big heart and helping hand, which he extended without fanfare or self-promotion, to all with whom he came in contact. While some have suggested that the large volume of poignant letters submitted on Mr. Gupta’s behalf are simply the strategem of a rich, well-connected defendant endeavoring to derail the Court from focusing on his crimes, this is simply not the case, for the facts recited in most of the letters are well documented and, indeed, As


undisputed by the Government.

The Court can say without exaggeration

that it has never encountered a defendant whose prior history suggests such an extraordinary devotion, not only to humanity writ large, but also to individual human beings in their times of need. The Guidelines virtually ignore this measure of the man, but here as elsewhere the Guidelines must take second place to section 3553(a), which requires a court to take account of a defendant’s character in imposing sentence. And how could it be otherwise, for on this day of

judgment, must not one judge the man as a whole? But when one looks at the nature and circumstances of the offense, the picture darkens considerably. In the Court’s view, the evidence at trial established, to a virtual certainty, that Mr. Gupta, well knowing his fiduciary responsibilities to Goldman Sachs, brazenly disclosed material non-public information to Mr. Rajaratnam at the very time, September and October 2008, when our financial institutions were in immense distress and most in need of stability, repose, and trust. Consider, for example, his tip to Rajaratnam on September 23, 2008. With Goldman Sachs in turmoil but on the verge

of being rescued from possible ruin by an infusion of $5 billion, Gupta, within minutes of hearing of the transaction, tipped Rajaratnam, so that the latter could trade on this information in the last few minutes before the market closed. equivalent of stabbing Goldman in the back. This was the functional


So why did Mr. Gupta do it?

Since motive is not an element

of the offenses here in issue, it did not need to be proved at trial, and so one can only speculate. Having finished his spectacular

career at McKinsey in 2007, Gupta, for all his charitable endeavors, may have felt frustrated in not finding new business worlds to conquer; and Rajaratnam, a clever cultivator of persons with information, repeatedly held out prospects of exciting new international business opportunities that Rajaratnam would help fund but that Gupta would lead. There is also in some of the information

presented to the Court under seal an implicit suggestion that, after so many years of assuming the role of father to all, Gupta may have longed to escape the straightjacket of overwhelming responsibility, and had begun to loosen his self-restraint in ways that clouded his judgment. But whatever was operating in the recesses of his brain,

there is no doubt that Gupta, though not immediately profiting from tipping Rajaratnam, viewed it as an avenue to future benefits, opportunities, and even excitement. Thus, by any measure, Gupta’s

criminal acts represented the very antithesis of the values he had previously embodied. So how does a court balance these polar extremes? In arguing

for a non-guideline sentence in the Pre-Sentence Report, the experienced Senior U.S. Probation Officer Emily Frankelis had this to say: “We believe the defendant’s commission of the instant offenses was aberrant behavior – not aberrant as defined by the U.S.


Sentencing Guidelines, but rather as defined by Merriam-Webster: ‘ . . . atypical.’” The Court agrees, and finds that the aberrant nature of Mr. Gupta’s conduct by itself would warrant a non-guideline sentence, even aside from the other factors favoring leniency. in order to find just the right sentence, the Court must also consider two further mandates of section 3553(a): first, “the need for the sentence imposed” to afford specific deterrence, general deterrence, “just punishment,” and the like; and, second, the requirement that any sentence imposed be “sufficient, but not greater than necessary, to comply with [these] purposes.” As to specific deterrence, it seems obvious that, having suffered such a blow to his reputation, Mr. Gupta is unlikely to repeat his transgressions, and no further punishment is needed to achieve this result. different conclusion. General deterrence, however, suggests a As this Court has repeatedly noted in other But

cases, insider trading is an easy crime to commit but a difficult crime to catch. Others similarly situated to the defendant must

therefore be made to understand that when you get caught, you will go to jail. Defendant’s proposals to have Mr. Gupta undertake various

innovative forms of community service would, in the Court’s view, totally fail to send this message. Moreover, if the reports of Mr.

Gupta’s charitable endeavors are at all accurate, he can be counted on to devote himself to community service when he finishes any prison term, regardless of any order of the Court.


At the same time, no one really knows how much jail time is necessary to materially deter insider trading; but common sense suggests that most business executives fear even a modest prison term to a degree that more hardened types might not. Thus, a relatively

modest prison term should be “sufficient, but not more than necessary,” for this purpose. There are, however, still other factors set forth in § 3553(a) that the Court must, and has, considered, of which perhaps the most difficult, but most important one, is the concept of “just punishment.” While all the other factors under section 3553 partake

to a lesser or greater degree of policy considerations, “just punishment” taps a deeper vein. Human beings, as social animals, are programmed to respect moral values. This is why people without shame

or guilt are considered psychopaths, and also why violations of the moral order raise such deep passions in the human breast. have come to understand that insider trading is not only a sophisticated form of cheating but also a fundamental breach of trust and confidence, they have increasingly internalized their revulsion for its commission. While no defendant should be made a martyr to As people

public passion, meaningful punishment is still necessary to reaffirm society’s deep-seated need to see justice triumphant. No sentence of

probation, or anything close to it, could serve this purpose. After carefully weighing all these, and other, relevant factors, the Court concludes that the sentence that most fulfills all


requirements of section 3553(a) is two years in prison.

Rajat K.

Gupta is therefore sentenced to 24 months’ imprisonment, concurrent on all counts, to be followed by one year of supervised release, on the terms stated from the bench and here incorporated by reference. The otherwise mandatory forfeiture has been waived by the Government, but Court imposes a fine in the sum of $5,000,000. The Court will

defer the determination of restitution for up to 90 days, as permitted by federal law. A formal Judgment embodying these terms

and incorporating this Memorandum by reference will issue shortly. Meanwhile, Mr. Gupta is ordered to surrender to the designated prison by 2 p.m. on January 8, 2013.


JED S. RAKOFF, U.S.D.J. Dated: New York, New York October 24, 2012


Similar Documents

Free Essay


...examining room was also an important factor. Availability of some assistants and instructing them on the standing operating procedures based on the workload proved to be an add-on. Initial paper work took some time, so the new patients were asked to come earlier so that the work could be completed on time. Also informing the new patients to adhere to appointment timings was a usual practice to avoid delays. What procedures were followed to keep the appointment system flexible enough to accommodate the emergency cases, and yet be able to keep up with the other patients’ appointments? It is often observed that doctors misuse the time and often emergency cases are taken as excuses for not adhering to the schedule. It was important to make the system flexible to adjust the emergency cases as well as to adhere to the timelines and get back to schedule. In case of real emergencies like fractures or caesarean section etc., all other appointments could be dropped; however in case of small issues, the doctor was expected to come back on track as early as possible and give the patient a choice to wait or reschedule the appointment. Also the assistant of the doctors were ordered to keep some open slots throughout the day for the patients suffering acutely. This time was also used to look into the emergency...

Words: 318 - Pages: 2

Free Essay

Business Case

...BUSINESS CASE Presented to the Accountancy Department De La Salle University In partial fulfillment Of the course requirements In ACCTBA2 (C33) March 2, 2015 A stakeholder is typically concerned with an organization delivering intended results and meeting its financial objectives. In general, a stakeholder can be one of two types: internal (from within an organization) or external (outside of an organization). The stakeholders in this situation are Lanie Marquez and Tim Rodriguez who are also partners in the retail distribution business and their capital contributions are as follows P500,000 and P300,000 respectively they are an internal stakeholder since they are also the owners. The total Capital of both stakeholders is P800,000 and with a monthly salary for both partners at P15,000 on the assumption that both of them will contribute to manage the business equally. Assuming that both managed the business equally the total salary for the year for Lanie and Tim are P180,000 each. They share profit and loss equally and no interest will be given on capital contributed. The problem for this situation is that Lanie is starting to get concerned with the behavior of her other partner Tim. He only manages the business 50% of the time, which will mean that his salary of P15,000 will need to decrease by also 50% since he does not manage the business equally with his partner. The business has seen a downturn in the profit outcome and for the current financial...

Words: 758 - Pages: 4

Premium Essay


.../InstructorResourceManual.pdf‎ The case was prepared by Mark S. Beasley, Ph.D. and Frank A. Buckless, Ph.D. of North Carolina State University and .... Case 1.1: Ocean Manufacturing, Inc. Ocean Manufacutring Inc The New Client Acceptance ...‎ Ocean Manufacturing, Inc.: the New Client Acceptance Decision: Case 1.1 Ocean ... Problem Solution: Harrison-Keyes Inc. Ayodeji Ajayi University of Phoenix ... Ocean Manufacturing, Inc.: The New Client Acceptance ...‎ Case 1.1 Ocean Manufacturing, Inc.: The New Client Acceptance Decision Ocean Manufacturing, Inc. is recommended as a ... ORDER NEW SOLUTIONS ... Solution Manual for Auditing Cases An Interactive Learning ... › All test banks and solution manuals‎ Download Solution Manual for Auditing Cases An Interactive Learning Approach 5th Edition by Beasely. Solution Of Ocean Manufacturing Inc Free Essays 1 - 30‎ Free Essays on Solution Of Ocean Manufacturing Inc for students. ... ACCT 805AE Case 4 Ocean Manufacturing, Inc The Osprey Group Feb 21, ... Auditing: r c aSe S t h at diSc uSS topicS rel ated to thiS Section 1.1 Ocean Manufacturing, Inc. . Case 1 1 Ocean Manufacturing Inc Free Essays 1 - 30‎ Case 1.1 Ocean Manufacturing, Inc.:......

Words: 447 - Pages: 2

Premium Essay


...THE ON OT C OP YO CASE STUDY HANDBOOK RP OS T ON OP YO RP OT C OS T THE ON OT C Write Persuasively About Cases OP CASE STUDY HANDBOOK How to Read, Discuss, and William Ellet Harvard Business School Press Boston, Massachusetts YO RP OS T Copyright 2007 William Ellet All rights reserved Printed in the United States of America 11 10 09 08 07 5 4 3 2 1 No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), without the prior permission of the publisher. Requests for permission should be directed to, or mailed to Permissions, Harvard Business School Publishing, 60 Harvard Way, Boston, Massachusetts 02163. The copyright on each case in this book unless otherwise noted is held by the President and Fellows of Harvard College and they are published herein by express permission. Permission requests to use individual Harvard copyrighted cases should be directed to, or mailed to the Permissions Editor, Harvard Business School Publishing, 60 Harvard Way, Boston, MA 02163. ON OT C Case material of the Harvard Graduate School of Business Administration is made possible by the cooperation of business firms and other organizations which may wish to remain anonymous by having names, quantities, and......

Words: 96750 - Pages: 387

Free Essay

Actpaco Business Case

...ACTPACO INDIVIDUAL BUSINESS CASE 1T AY 2013-14 Reference: Accounting 2nd edition. Waren,C., Reeve, J.,and Duchac, J. ( with slight modifications) Case 1. Partnership agreement Jose Reyes, M.D. and Joseph Luke, M.D. are sole owners of two medical practices that operate in the same medical building. The two doctors agree to combine assets and liabilities of the two businesses to form a partnership. The partnership agreement calls for dividing income equally between the two doctors. After several months, the following conversation takes place between the two doctors: Reyes: I have noticed that your patient load has dropped over the last couple of months. When we formed our partnership, we were seeing about the same number of patients per week. However, now our patient records show that you have been seeing about half as many patients as I have. Are there any issued I should be aware of? Luke: I see. Well, I find that I am working as hard as I did when I was on my own, yet making less that I did previously. Essentially, you are sharing in half of my billings and I am sharing in half of yours. Since you are working much less than I am, I end up on the short end of the bargain. Reyes: Well, I don’t know what to say. An agreement is an agreement. The partnership is based on a 50/50 split. That’s what a partnership is all about. Luke: I that is so, then it applies equally well on the effort end of the equation as on the income end. Answer...

Words: 497 - Pages: 2

Free Essay

Business Case for Documents

...Documentum |   |   | Setting for the Case In November 1993 Jeff Miller, Documentum's CEO, is faced with the challenge of pursuing either a vertical or horizontal marketing strategy to route Documentum towards profitability.   Situation and Business Issues Documentum enjoys a leading role in an emerging and potentially lucrative space. But profiting from this opportunity will require overcoming several immediate hurdles including a limited customer base, formidable competitors and unforeseen development costs.  Key Information, Facts, Assumptions Documentum was founded in June 1990 by Howard Shao and John Newton, seasoned database engineers who aimed to develop a new class of software for automating the management of documents across an enterprise. Following three years of losses, Documentum gains traction by combining an elite management team with $5.8MM of Venture Capitalist funding.    Analysis Enterprise document management (EDM) is a new, paradigm-busting product category with few substitutes. The category growth is small, increasing at a rate of 1%-2% year over year . Competition within the EDM category is low, as no other company was developing the "whole elephant" solution. Profitability was extremely low, given the low number of customers and long lead time to develop and deliver the product solution. The combination of these characteristics wholly describes the EDM category as being in the Introduction Stage of the Category Life Cycle .     With regards...

Words: 255 - Pages: 2

Premium Essay

Case Study

...Each student must complete a Final Project. The Final Project is a definitive case analysis and is to be in the form of a written paper in APA format. The purpose of the Final Project is to assess the student’s learning accomplishments by demonstrating how well the student has assimilated the information learned in this and all other Business Management courses. The Final Project includes two definitive business case analyses. The successful student will be able to discern between relevant and irrelevant material and then apply the various business techniques and skills to thoroughly analyze the cases in relation to the questions posed. Students may use any material in the text, from other courses, in addition to original research in developing the Final Project, but every word (unless expressly quoted with appropriate credits given) must be that of the student submitting the paper. Information used from other course work must be appropriately referenced and cited. Students would be well advised to begin making notes immediately upon starting this course on how they will respond to the Final Project. Final Project Case #1: Complete a comprehensive APA formatted paper that includes a thorough analysis of the following questions. The first part of the Final Project is to be performed on the Herman Miller Inc. in 2012: An Ongoing Case of Reinvention Case in the text on page C-332. 1. What does the five-forces analysis reveal about the strength of competition......

Words: 576 - Pages: 3

Premium Essay


...Join now! Login Support Other Term Papers and Free Essays Browse Papers Business / Timbuk2 Case Study Timbuk2 Case Study Term Papers Timbuk2 Case Study and over other 20 000+ free term papers, essays and research papers examples are available on the website! Autor: santhanam.vikram 09 December 2013 Tags: Words: 723 | Pages: 3 Views: 86 Read Full Essay Join Now! CASE STUDY: TIMBUK2 1.) Consider the two categories of products that Timbuk2 makes and sells. For the custom messenger bag, what are the key competitive dimensions that are driving sales? Are their competitive priorities different for the new laptop bags sourced in China? Some of the competitive advantage which are the key factors of Timbuk2 bags are:-  Quality  Durable  Reliable  Not prone to defects  Custom made bags for each of the customers  The quick delivery of bags  The rave review which the company gets for its bags i.e. it basically carries a good name in the market  For its laptop bags, even though they are manufactured in china, the designing is done in San Francisco. so the exclusivity remains  Cost effective manufacture of laptop bags in china  Being able to adopt to changes in demand and fashion By manufacturing the bags in china the company saved the manufacturing cost but lost their niche of manufacturing and selling in America itself. The general perception of it being a Chinese product led to customers felling......

Words: 564 - Pages: 3

Premium Essay


...ACE INSTITUTE OF MANAGEMENT Affiliated to POKHARA UNIVERSITY CASE STUDY ON "Managing Motivation in a Difficult Economy" Prepared by Submitted to Raju Karki Shanker Raj Pandey Rama Satyal Ramesh KC Sandeep Amir Kansakar Sanjeev Shrestha THEORETICAL BACKGROUND Motivation is the process that accounts for an individual intensity, direction and persistence of efforts towards attaining a goal. It is the result of interaction between an individual and the situation. Motivated person says "Nothing is impossible” and put his best effort on the task assigned. The different organizational topics covered on the case are as follows:- a. Organizational Justice:- Organizational Justice is the overall perception of what is fair in the workplace. Disruptive Justice is the employee's perception of fairness of the amount and allocation of rewards among individuals. e.g. How much we get paid relative to what we think we should be paid? Similarly, Procedural Justice is the perceived fairness of the process used to determine the distribution of reward. For employees to see a process as a fair, they need to feel they have some control over the outcome and that they were given an adequate explanation about why the outcome occurred. Finally, Interactional Justice is an individual's perception of the degree to which she is treated with dignity, concern and respect. b. Diversity and Age:- Workforce diversity can be studied under two headings:- i.......

Words: 1602 - Pages: 7

Premium Essay

Case for Case Studies

...A Case for Case Studies Margo A. Ihde Liberty University Author Note Correspondence concerning this article should be addressed to Margo A. Ihde, Psychology 255-B05, Liberty University, Lynchburg, Va. 24515. E-mail: A Case for Case Studies Case Studies are utilized across many disciplines including but not limited to medical science, political science, social science and psychology. There is however some confusion as it relates to the use of case studies. The first such confusion that must be clarified is what the definition of a case study is and what constitutes a case study. The second clarification is to identify the reasons for using a case study. A third area is outlining the advantages and disadvantages of using a case study. Lastly, when a researcher concludes a case study would be the best option they then must determine where and in what ways would the data and information be sourced. Identifying the answers for these four areas is imperative to understanding and utilizing a case study. Case Study – Defined The definition for a case study within all many disciplines is very similar. A case study is usually described as an investigation into a real situation involving an individual, a group, an organization, or a society focusing on a single subject or object (Pegram, 2000). To begin, identifying a case studies purpose would contribute to determining what would and should be investigated. The study could focus on the......

Words: 855 - Pages: 4

Premium Essay

Hbs Case

...The HBS Case Method Pioneered by HBS faculty and one of the highlights of the HBS experience, the case method is a profound educational innovation that presents the greatest challenges confronting leading companies, nonprofits, and government organizations—complete with the constraints and incomplete information found in real business issues—and places the student in the role of the decision maker. There are no simple solutions; yet through the dynamic process of exchanging perspectives, countering and defending points, and building on each other's ideas, students become adept at analyzing issues, exercising judgment, and making difficult decisions—the hallmarks of skillful leadership. Page Content Over 80 percent of cases sold throughout the world are written by HBS faculty, who produce approximately 350 new cases per year. Simply put, we believe the case method is the best way to prepare students for the challenges of leadership. How the HBS Case Method Works When students are presented with a case, they place themselves in the role of the decision maker as they read through the situation and identify the problem they are faced with. The next step is to perform the necessary analysis—examining the causes and considering alternative courses of actions to come to a set of recommendations. To get the most out of cases, students read and reflect on the case, and then meet in learning teams before class to "warm up" and discuss their findings with other classmates. In......

Words: 389 - Pages: 2

Premium Essay

Case Interview

...Case Interview Marathon Workshop Overhead Slides v1.0 By Victor Cheng These materials provided on an “as is” basis with no warranty or guarantee expressed or implied. You use them at your own risk. This information is provided to you for free for non-commercial use. You are welcome to forward this to your friends provided you do not alter any of the content and keep the entire document in tact. I retain copyright ownership over these materials © Victor Cheng Page 1 Introduction • My Story • Goal for Today • How This Workshop Is Different • What I Will NOT Cover o Normal job interview questions o More recent twists to the case interview o Estimation / Back of Envelope Cases • Recommend Reading: “Case in Point” by Marc Cosentino Excellent coverage of recent twists to cases and estimation question type cases © Victor Cheng Page 2 Why I’m Doing This • The first time I did this… • Examples o 7 year old girl took class, one year later stopped a man who was trying to molest her at the zoo. o Teenage girl took class, 2 years later got tackled to the ground by kidnaper, fought him off and escaped o 10 year old took class, 13 years later, walking in the woods with an old boy friend, former employee, baseball bat, she took him out My request: IF you find today useful, then make a $50 donation and keep a child safe for life Cost of MBA to Get Interview: Cost......

Words: 2043 - Pages: 9

Premium Essay

Case Study

...A. Definition The case study method is a research strategy that is different from every other teaching method. A case method is a teaching approach of the study of a situation, used as a tool to help students analyze a real-life business case in-depth. In order to follow this type of process, students will have to identify the problem, gather the most accurate and important information and facts that the case provides to find a solution to a problematic. Teachers admire this method due to concrete examples that are provided to their students showing that businesses indeed have their ups and downs. A. Use The case method is used in schools in order to facilitate and prepare the student for upcoming business problems that they will have to face in their careers. Students are taught to adapt to any situation, without considering the intensity of the problem. This teaching approach gives the students a chance to know what its like to face difficult decisions in life by studying real-life business cases. As for companies, they use to the same research strategy. A business company will build up objectives and strategies as they are performing a case study on a certain situation. Studying and discussing the problem teaches us how to solve it, how to make decisions and how to form an opinion. B. Components There are several components that are essential for The Case Study Method. To begin with, the cover page is inevitably the first page that will have to be inserted...

Words: 1470 - Pages: 6

Premium Essay


...Assignment 1, 2013 – Case Studies Tutorial-based group assessments Due: See ‘Due Dates for Case Study Submission’ section Marks: 30% of the total marks for the unit Background – Learning with Cases Harvard University, probably the most famous source of teaching cases, describes these resources as follows: “Teaching cases – also known as case studies – are narratives designed to serve as the basis for classroom discussion. Cases don’t offer their own analysis. Instead, they are meant to test the ability of students to apply the theory they’ve learned to a ‘real world’ situation … where good accounts of specific events can help exemplify and illuminate theory” (Harvard, 2000). The use of cases based on or around real organisations and/or current issues provides an entirely different approach to learning from that of lectures or more conventional tutorial exercises, where students solve specific problems in isolation from the world of business. Case preparation is a significant part of both undergraduate and postgraduate business study – particularly in the English-speaking world – and it is important to learn to do it effectively and efficiently. I have provided two introductory readings to help you with this process: “Learning Information Systems with Cases” (a pdf file available from your KXO223 MyLO resources) and “Notes on Writing a Case Study Report” (included in this document as Appendix A). Please begin by reading these carefully. Cases are usually based......

Words: 15979 - Pages: 64

Premium Essay

Case Study of Business

...Case 1 : Long Hours, Hundreds of E-Mails, and No Sleep : Doe | Q1: Do you think only certain individuals are attracted to these types of jobs, or is it the characteristics of the jobs themselves that are satisfying? Case Overview - Gian Paolo Lombardo, during his vacation he spent most of the time in hotel room in California with his Blackberry, while his wife Ellen chatted with other guests. - Irene Tse heads the government bond-trading division about 10 years. She says she hasn’t slept through the night in years and often wakes up several times to check the global market status. She can count on the fingers of the hand the number of days in her career when she didn’t want to come to work. -Tony Kurz is a managing director at Capital Alliance Partners, and raises funds for real estate investments. He often flies to exotic locations to woo prospective clients. - David Clark is the vice president of global marketing for MTV. His job often travelling around and don’t have much time to spend with his family. Higher priority to professionalism than their life Jobs offer higher status in the society Employee find their jobs challenging Workaholic GROUP MEMBERS Q 2 : What characteristics of these jobs might contribute to increased levels of job satisfaction? Autonomy or independence Challenging and stimulating characteristics of the job Contribution of work to organization's goal Get benefits Work itself high pay,......

Words: 813 - Pages: 4