...A Civil Action Trial Procedure In the movie, A Civil Action, a civil lawsuit takes place between families of the victims of a small town Woburn, Massachusetts against the corporations Beatrice Foods, and W.R. Grace Company. The corporations are being sued by the families for indirectly killing their children by contaminating the water that runs through their town. The attorney that files a lawsuit against the big corporations is Jan Schlichtmann. This movie portrays a great example of a civil trial procedure in the U.S. Court. The first stage of a civil trial procedure are the pleadings, which include the filing of complain, and motions to dismiss. A complaint was made by the families of Woburn, stating that the deaths of their children were the cause of the contamination of their town’s water supply. The complaints were made for the corporations Beatrice Foods, and W.R. Grace Company. Mr. Cheeseman, the attorney on behalf of Grace Company made a motion to dismiss the case but the judge ruled otherwise. The second stage is the pretrial, where discovery of facts and motions for summary judgment take place. In A Civil Action, the discoveries began with depositions of witnesses by the victim’s family members, residents of Woburn, and employees that work for the factories that are being blamed for contaminating the water. Witnesses came up stating that they were experiencing events of abnormal health issues and that it could be correlated with contamination of the water. One...
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...1. For Week1 1, you will analyze cases based on the first letter of your last name. * A - M: Chapter 2 (4-7) and Chapter 3 (8-10) in the Dynamic Business Law text * N - Z: Chapter 2 (8-10) and Chapter 3 (5-7) in the Dynamic Business Law text 2. For each assigned case, analyze the issue based on the following criteria: * Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant). * Identify the facts associated with the case and fact patterns. * Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). * Provide a judgment on who should win the case - be clear. * Support your decision with an appropriate rule of law. * Be prepared to defend your decision and to objectively evaluate the other points of view. Chapter 2 Case 8 Galindo v. Town of Clarkstown: 1) Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant). The plaintiff in this case is Jacqueline Galindo, wife of Javier Galindo. The defendant was Jacqueline Galindo’s employer, Richard Clark. 2) Identify the facts associated with the case and fact patterns. On June 2, 2000, there was a severe thunderstorm causing a 8o foot tree located in a adjacent property to Mr. Richard Clark’s property. Javier Galindo was park outside the home of Richard Clark while waiting on his wife, Jacqueline Galindo, when that adjacent tree fell...
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...Company Overview B ritish American Tobacco is a British multinational tobacco company headquartered in London, United Kingdom. It is the world’s second-largest quoted tobacco company by market share (after Philip Morris International), and has a leading position in over 50 countries and operations in more than 180 countries. Its brands include Dunhill, Kent, Lucky Strike and Pall Mall. BAT has a primary listing on the London Stock Exchange and is a constituent of the FTSE 100 Index. As of 26 December 2011 it had a market capitalization of £59.2 billion, the sixth-largest of any company listed on the London Stock Exchange. It has a secondary listing on the Johannesburg Stock Exchange. They are leading more than 50 countries and have their presence in more than 180 countries with approximately 50,000 employees. BAT is committed to providing consumers with pleasure through excellent products, and to demonstrating that they are meeting their commercial goals in ways that are consistent with reasonable societal expectations of a responsible tobacco group in the 21st century. BAT is designed to deliver their vision and build shareholder value. It is based on growth, funded by productivity and delivered by a winning organization that acts responsibly at all times. History Born international O n 29 September 1902 the UK’s Imperial Tobacco Company and the American Tobacco Company of the United States form a joint venture, the British American Tobacco Company, in...
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...Raymond Britton FIN-660 Case Study: RJR Nabisco March 22, 2015 The RJR Nabisco Leveraged Buyout (LBO) case study analyzes the history prior to the LBO and the post LBO corporate organization. RJR Nabisco was not performing well prior to the LBO. Financial analysis’s also implies that the shareholders of RJR Nabisco profited from Kohlberg Kravis & Roberts winning LBO bid. (Gaughan). To define a leveraged buyout or LBO, it is “a financial procedure used by a many business entities, including the management of a corporation or outside groups, such as other corporations, partnerships, individuals, or investment groups” (Gaughan). An LBO is the acquisition of another company where borrowed money is used to meet the cost of acquisition. This type of transaction allows firms to have the capability to achieve large acquisitions without obligation of having to disperse a lot of capital. LBO’s make it possible to and provide the ability to obtain less significant firms with very little capital and the attained business can take advantage from the re-organization. Additionally, LBO’s can possibly experience aggressive takeovers to the assimilated firm due to the reorganization and downsizing which can and may have a significant disruptive impact on the acquired firms workforce as well as a conflict of interest between personnel and management. The popularity of tobacco continued into the 1900’s which RJR projected and in 1913 launched four new tobacco products within...
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...RESEARCH PAPER ON RJ REYNOLD’s AMERICAN BACKGROUND HISTORY Reynolds American, the second-largest tobacco company in the United States was formed in January 2004 and began trading publicly on the New York Stock Exchange as RAI in August 2004. Reynolds American is also known as the parent company of American Snuff Company (formerly Conwood Company, LLC), Santa Fe Natural Tobacco Company, Inc., and Niconovum AB. This company has approximately 28 percent of U.S. cigarette sales. The company offers products in all segments of the market and makes many of the nation's best-selling cigarette brands, including: Camel, Pall Mall, Kool, Winston, Salem and Doral. In 1913, Reynolds Tobacco introduced Camel cigarettes, containing a blend of several different types of tobacco, a blend that would come to be called “the American blend.” Supported by a unique introductory advertising campaign, Camel became the first nationally popular cigarette in the United States. Reynolds Tobacco established virtually every packaging standard in the U.S. cigarette industry. The 20-cigarette pack was introduced by Reynolds Tobacco in 1913, and in 1915 the company introduced the one-piece, 10-pack carton. In 1931, Reynolds Tobacco became the first company to package its cigarettes with a moisture-proof, sealed cellophane outer wrap to preserve freshness. In 1918, Richard Joshua Reynolds – Reynolds Tobacco’s founder – died at the age of 68. In 1925, Brown & Williamson purchased J.G. Flynt Tobacco Co. and...
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...individual will be the person hurt by the knick-knacks of the business. Is this fair to the public? No it is not and solutions to the problem must be addressed to ensure this act does not regulate into a long turn advantage for the tobacco companies. The importance of competition among firms is so that companies can give consumers a choice for a certain product. Governments intervene in these markets to ensure that the quality of the product and safety to the consumer is acceptable to purchase (Federal Trade). In many of the government reports they, regulate the behavior of industries to insure prices and excessive profits that are not highly rated in a disadvantage to the consumer. Businesses look for many ways to catch the consumers’ eye such as: brand name, trade mark, slogan, or catch phrase, to name a few. These advertisements swindle age groups of society to try out this harsh product despite if the major medical health concern is cancer. Many firms are out for themselves and how they can prosper within their industry and those small like consumers known as farmers have to settle for the less but yet complicated act of the big dog industry. Competitive environments do not benefit the society concerning the tobacco company. Farmers for instance, worked hard to produce a product for a living and the industry took the product paying the seller at a lower rate and made the item into something larger. By doing this format of sly but acknowledgeable trading...
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...several stakeholders that have been affected by the U.S. tobacco industry’s production and marketing of cigarettes. The retail tobacco companies are one such group that is undoubtedly affected by the developments affecting the production and marketing of cigarettes. Companies like Phillip Morris USA, Inc., RJ Reynolds Tobacco Company and British American Tobacco Limited who are interesting in profit maximization and return on investment felt that they were unfairly targeted by the imposition of restricted marketing activities and efforts to reduce the consumption of cigarettes. The tobacco companies believe that the law is excessive and will result in an increase in the cost of modifying packages and inversely, a reduction in net profit. The state (government) is also affected by the issues surrounding the tobacco industry. The government is faced with a slight dilemma because they are the regulator of the industry and the product is a legal product which is known to be harmful to both smokers and non-smokers. The industry also contributes significant tax revenue to the government coffers. On the flip side, the government has to find several millions yearly to deal with the health issues associated with smoking cigarettes. The effect of the decision to limit the production and marketing of tobacco will affect the employees of the retail companies adversely. A decline in cigarette...
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...Raymond Britton FIN-660 Case Study: RJR Nabisco March 22, 2015 The RJR Nabisco Leveraged Buyout (LBO) case study analyzes the history prior to the LBO and the post LBO corporate organization. RJR Nabisco was not performing well prior to the LBO. Financial analysis’s also implies that the shareholders of RJR Nabisco profited from Kohlberg Kravis & Roberts winning LBO bid. (Gaughan). To define a leveraged buyout or LBO, it is “a financial procedure used by a many business entities, including the management of a corporation or outside groups, such as other corporations, partnerships, individuals, or investment groups” (Gaughan). An LBO is the acquisition of another company where borrowed money is used to meet the cost of acquisition. This type of transaction allows firms to have the capability to achieve large acquisitions without obligation of having to disperse a lot of capital. LBO’s make it possible to and provide the ability to obtain less significant firms with very little capital and the attained business can take advantage from the re-organization. Additionally, LBO’s can possibly experience aggressive takeovers to the assimilated firm due to the reorganization and downsizing which can and may have a significant disruptive impact on the acquired firms workforce as well as a conflict of interest between personnel and management. The popularity of tobacco continued into the 1900’s which RJR projected and in 1913 launched four new tobacco products within...
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...Case Analysis of ban of tobacco advertising in India Here is the brief background information. On Feb 6, 2001 Indian government announced they were going to enforce a ban regarding tobacco advertising in their country. Banning included barring tobacco industries from advertising their products, sponsoring sport or cultural events. The ban was aimed to discourage young mind in India to take part in smoking. The ban, however, heated a debate between the supporters of tobacco companies and the opposition parties. In this paper, I will summarize the arguments that support the ban on tobacco advertising in India and the arguments that oppose the ban. In addition, I will discuss the conflict of interest issue pertaining to Indian government as well as I will describe my opinion on what governments should do in regards to tobacco advertising. 1. Summarize the arguments in favor of the ban on tobacco advertising in India To begin with, the advocates of the ban argued that this action of government was nothing unconstitutional. The government, in fact, has the right to interfere since their main concern was their citizen well-being. They gave this example. We know that guns are bad, so every nation has banned the public advertisement against guns so why tobacco should has a special privilege? Secondly, they used statistic from World Health Organization (WHO). They pointed out that over 3 million were killed by consuming tobacco products in 1990 and the death rate increased to 4.023...
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...Individual Final Project You have been named the Chief Financial Officer (CFO) of a two year old company, CUNY Analytics. Financials have been prepared by a bookkeeper. As CFO, you responsible for the preparation of accurate financials, analysis and review of the financials before they are released and communication of the results of your company to banks, investors, creditors and the government, as necessary. Please complete the following: a. What are the four major financial statements and, in depth, discuss their purpose. • Income Statement Reports revenues and expenses for a specific period of time. A firm's revenues, gains, expenses and losses are listed on the income statement. Revenue is money earned from a company’s normal business operations. The expenses on the income statement are the costs associated with earning the revenue. When a company sells one of its assets, it can experience a capital gain or loss. Revenues minus expenses, plus gains minus losses, equal net income or net loss. The dollar amount of net income listed on the income statement is also found on the cash flow statement under the operating activities section. • Balance Sheet The Balance sheet has two main purposes. First, it presents a snapshot at a point in time. Second, it helps to improve understanding, as companies group similar assets and similar liabilities together. The balance sheet reports assets and claims to assets at a specific point in time. It includes the elements of...
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...Toys "R" Us, Inc. ___________________________________________________________________________________________ Toys "R" Us, Inc. Recent Developments Jan 31, 2011 : Toys "R" Us offers to pay staffers $1m in back pay Fast Facts Headquarters Address One Geoffrey Way, Wayne, 07470, United States of America Telephone + 1 973 6173500 Fax + 1 973 6174006 Website www.toysrus.com Ticker Symbol, Stock Exchange N/A Number of Employees 70,000 Fiscal Year End February Revenue (in US$ million) 13,543.00 SWOT Analysis Strengths Weaknesses Efficient distribution capabilities Dependence on selected vendors Industry recognition Seasonal nature of the business Multiple channel selling strategy Wide geographic presence Opportunities Threats Growth of web-based store concept Increase in counterfeit products Increase in consumer spending in the US Increase in organized retail crime Strategic collaborations Jan 31, 2011 : Toys "R" Us offers to pay staffers $1m in back pay Jan 31, 2011 : Toys "R" Us offers to pay staffers $1m in back pay Toys "R" Us, Inc. - Company Overview Toys "R" Us, Inc. (Toys"R"Us) is a specialty retailer of toy and baby products. The company’s product portfolio includes children’s apparel, juvenile, learning, entertainment, core toy, parenting and seasonal products. These products are sold under various private labels such as Fast Lane, Imaginarium, Dream Dazzlers...
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...Ciconelo Research Assistance: Martin Mahlstedt Companies with high profit margins and previous annual revenue of less than R$ 48,000,000 often realize significant tax savings by electing to pay corporate tax under the Deemed Profit Method (also know as “Lucro Presumido”). Here, rather than paying tax on the company’s actual profits, a universal predetermined profit margin is used to calculate the company’s taxable income. 8% of revenue is the predetermined profit margins range for the sale of goods and 32% of revenue used for the sale of service. [1] Eligible companies selling goods at profit margins greater than 8% and those selling services at profit margins greater than 32%, can use the Deemed Profit Method to lower their taxable basis and reduce tax payments. While the Deemed Profit Method regime was enacted to simplify tax calculations and compliance for small businesses, many companies use the regime to generate significant tax savings and increase profits. Understanding the principles behind the Deemed Profit Method and strategies for implementation help minimize Brazilian tax. A company with previous fiscal year revenue less than R$ 48,000,000 has the option of paying income tax under either the Actual Profit Method (also known as “Lucro Real”) or Deemed Profit Method.[2] While the corporate income tax rates are equal under the two methods, the taxable basis may vary greatly. [3] Companies with revenue greater than R$ 48,000,000 will want to evaluate whether it...
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...Matsushita electric and Sony manage global R&D Research Technology Management; Washington; Mar/Apr 1999; Sadanori Arimura Duns:00-891-9813 Duns:69-055-3649 Volume: 42 Issue: 2 Start Page: 41-52 ISSN: 08956308 Subject Terms: Electronics industry Foreign investment R&D Management styles Multinational corporations Case studies Classification Codes: 9179: Asia & the Pacific 1300: International trade & foreign investment 2200: Managerial skills 5400: Research & development 8650: Electrical, electronics, instrumentation industries 9110: Company specific/case studies 9510: Multinational corporations Geographic Names: Japan Companies: Matsushita Electric Corp of America Duns:00-891-9813 Sony Corp Ticker:SNE Duns:69-055-3649 Abstract: As companies transfer their R&D activities abroad, they will have to confront a challenging management issue: how to successfully operate R&D laboratories dispersed around the world. Both Matsushita Electric and Sony seem to have coped with this issue successfully by introducing new management systems and practices - redefining the mission and goals of their global R&D, assigning two types of projects at the same time, rather than specializing projects among different labs, coordinating not by large-scale committees or meeting but through human relationships among a small number of top R&D mangers, drastically changing their organizational structures. It appears that both companies have already realized some of the anticipated...
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...internationalization of R&D activities by EU MNEs Michele Cincera , Claudio Cozza , Alexander Tübke ∗,+ * * Draft for the 4th Annual Conference of GARNET Network, IFAD, Rome, 11-13 November 2009 11.11.2009 Abstract Based on an original and recent sample representative of the largest R&D corporations in the EU, this paper aims at investigating in a quantitative way the main factors explaining: (i) the decision of firms to increase their R&D investment effort in the near future; (ii) the main drivers explaining the favorite location choice for R&D; and (iii) the impact of direct and indirect policies to support R&D activities in the EU. Main findings suggest that competitive pressures from the US are the main determinants for increasing R&D investments. Public support to R&D and proximity to other activities of the company explain the decision to locate R&D in the home country while considerations on the cost of employing researchers appear also to matter for firms preferring a location outside their home country, in particular in China and India. Key words: R&D internationalisation; drivers; R&D policies; EU large R&D corporations JEL code: O33 1. Introduction In the last decade, theoretical (Dunning and Narula, 1995; Kuemmerle, 1997) and empirical studies (among the others: Kuemmerle, 1999; Kumar, 2001; Von Zedwitz and Gassmann, 2002) on the internationalization of R&D have highlighted a shift from the so-called home-base exploiting to the home-base augmenting R&D strategies. Within...
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...1.4. Company Ownership 4 1.5. Company Location 4 2. Products and Services 5 2.1 Description of Products and Services 5 3. Market Analysis Summary 5 3.1. Market Segmentation 6 3.2. Competitive Comparison 7 4. Strategy and Implementation Summary 7 4.1. Competitive Edge 7 4.2. Marketing Strategy 8 5. Management Team 8 5.1. Personnel Plan 9 6. Financial Indicators 9 6.1. Revenue Forecast 9 6.2. Break-even Analysis 10 6.3. Projected Profit and Loss 11 6.4. Projected Cash Flow 12 6.5. Sensitivity Analysis 14 7. BIBLIOGRAPHY 16 List of Figures Figure 1: Start-up 4 Figure 2: Gross Margin and Profit 12 Figure 3: Year One Cash 12 List of Tables Table 1: Start-Up Expenses 3 Table 2: Personnel Forecast 9 Table 3: Revenue Forecast 9 Table 4: Break-even Analysis 10 Table 5: Pro Forma Profit and Loss 11 Table 6: Pro Forma Cash Flow 13 Table 7: Projected Balance Sheet 13 Table 8: Best Case Scenario 14 Table 9: Worst Case Scenario 14 1. EXECUTIVE SUMMARY Bistro, a successful business located on the ground floor of a commercial building in Johannesburg, South Africa, is currently available for sale to new management. The company is a quick service café that sells breakfast, coffee, pastries, and other typical café items. ABC catering, ABCC (also referred to as “the Company”) is a start-up business that will purchase this business and continue operating it with the same quality of products and services that has made Bistro a successful company during...
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