...Intellectual property law Name: Instructor: Task: Date: INTRODUCTION The foremost objective of this law is to protect the rights of people who come up with original works. These original works run across a very broad spectrum and range from; books like novels, innovative ideas and company logos among others. This law is one of the single most important laws that regulate business environment. This is because it encourages individuals to come up with new technologies and innovations that promote growth to the economy. When an innovative person is assured that their work will be accorded protection enabling them to benefit from it, they will thus be encouraged to continually engage in the production and creation of creative innovations. These creations may subsequently result in job creation, emergence of new technologies, new procedures in the business world that can improve efficiency and finally new ideas that can aesthetically make our surrounding more appealing. There exist three main and most important ways through which intellectual property laws are enforced; these include through patents, trademarks and copyrights. Copyrights protect ideas; they give the owner of the idea fundamental right over the idea. So only the owner can benefit financially from the idea. Patents, on the other hand, deal with the protection of inventions. Trademarks deals with the protection of company logos, this enable all competitors in a given industry to have a unique way of identifying...
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...Abstract Employment At-Will and Medical Marijuana use are two issues merging together in today’s society as state laws are becoming more reciprocal to medical marijuana users. Research has found that many users find marijuana to be a great therapeutic alternative when traditional therapeutic drugs start to become ineffective. The issue of employers having the legal right to fire employees who are registered medical marijuana users when testing positive during drug test makes employees feel helpless. This paper explores the legal, ethical, and social responsibilities that companies have in today’s society in regard to the use of medical marijuana. At Will Employment and Medical Marijuana: Analyses based on Legal, Ethical and Social Responsibility There is controversy over the rising issue of employment at-will and medical marijuana off company property. There are 22 states that allow the use of medical marijuana, but these states’ medical marijuana laws do not explicitly provide protection status to patients. Should this be legal and is it worth it for the organization to continue this practice? This paper will discuss the issue of “zero-tolerance” drug policies in organizations located in states that allow the legal use of medical marijuana, and the issues that arise will be analyzed and broken down into the “3 value” analysis of the law, ethics, and social responsibility. According to a report done by CNN there is a case concerning a Michigan man named Joseph Casias...
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...In 2013 social media networks continue to grow and are becoming the largest source of marketing in business today. LinkedIn has become the one of the highest successful social media website for companies and individuals. It is designed to connect employers to employees or people with similar professional backgrounds. Today’s society has attached to networking in far more advanced areas than our generations before us and with good reason. Technology has made it much easier to connect through social media networking. LinkedIn was launched on May 5th, 2003 with 4,500 members; LinkedIn currently has 238,000,000+ million users in over 200 countries and territories today. LinkedIn counts executives from all 2013 Fortune 500 companies as members; its corporate talent solutions are used by 90 of the Fortune 100 companies. As with time, the ways of doing business will forever keep evolving especially as future generations evolve with technology. It is important to stay afloat and keep up with the today technology times with an ethical, eager, willingness attitude and competent knowledge of the law. Corporations and small business utilize LinkedIn for networking to build on your existing network, competitive analysis, and market research, opportunities to show expertise and advertise employment opportunities. As noted in LinkedIn’s mission statement, located in the user’s agreement on the website states, “The mission of LinkedIn is to connect the world’s professionals to enable...
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...| Outsourcing your Privacy | | | 4/20/2014 | Business Law Final | | Perhaps BPO is more of a threat than the NSA, when it comes to Privacy! | Outsourcing your Privacy Business Law Final Webster’s dictionary defines privacy as freedom from unauthorized intrusion. The meaning of what privacy is to an extent is driven by the society and its moral norms. Reasonable expectations of privacy in public places must change as our social environment changes. As moral and social norms change in a society the expectation from an individual towards society changes and thereby the individual’s privacy values. For example, slavery was an accepted practice in the late 19th century; today it’s not in practice. In the current information technology age, when an individual submits his personal information for purchasing merchandise online, it is within his expectation that his personal information be protected by the website. In future with the increasing use of technology in the day to day activities, new issues of privacy will arise making today’s notions of privacy out of date. One such issue is the privacy of personal information in business process outsourcing. Business process outsourcing (BPO) is the process of contracting a specific business task to a third-party service provider. There are two categories of BPO. Back office outsourcing constitutes the outsourcing of internal business functions such as purchasing or billing. Front office outsourcing constitutes the outsourcing...
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...a forensic accountant needs to possess and evaluate the need for each skill. Be sure to include discussion regarding the relationship between the skill and its application to business operations. As the annual price tag for fraud at American business soars to nearly $1 trillion, the demand for Certified Public Accountants that provide forensic accounting services has increased exponentially- a spike that appears in no danger of waning over the next several years. (Carlino, 2010) With the demand for forensic accounting services increasing, it is very beneficial for prospective employers and employees to know what skills are needed to fulfill the duties of this very important occupation in today’s society. “Forensic accounting encompasses collecting, analyzing, and evaluating evidence, and the interpreting and communicating the findings in courts, boardrooms or other venues.” (Carlino, 2010) There are numerous skills needed for these positions but five skills are vital in becoming am effective forensic accountant. The most essential skill needed to become an effective forensic accountant is included in the description of the position. One has to be very analytical in their profession in order to become efficient and effective. Being a problem solver in any business is a trait that no business wants lacking from their employees, but in the field of finance and accounting, employers cannot successfully hire accountants without the skill of being analytical. Since the...
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...Organizational Theory Dr. Lee Mahon December 17, 2011 Abstract In today’s workplace there is an emphasis on equality through trainings and programs that are intended to avoid sexism. The historical influence on the business world has shown for the last one hundred years a division of organizational leaders by gender. These divisions have been a part of organizational structure and slow to change. Historical Perspective of Sexism Women in the United States have been on a slow journey towards equality that has had many twists and turns over the last one hundred years. There have been many women who have helped to pull other women to the same level as men. The women of today are still pushing towards the same level of respect, responsibility and reward that men receive and have been receiving. Chapter one of History of Woman Suffrage Vol. I, opens with “As civilization advances there is a continual change in the standard of human rights. In barbarous ages the right of the strongest was the only one recognized; but as mankind progressed in the arts and sciences intellect began to triumph over brute force. Change is a law of life, and the development of society a natural growth…. In all periods of human development, thinking has been punished as a crime, which is reason sufficient to account for the general passive resignation of the masses to their conditions and environments.” (Cady Stanton, Anthony, Gage and Matilda. 1881, p. 20) Women have been working...
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...Using Teams in Production and Operations Management: Forensic Accountants: Fraud Busters. By: For: Class: Bus 508: Contemporary Business Date: 13 November 2012 Abstract: A case study for the Strayer University, Woodbridge, VA, Business 508 class, this paper provides for a brief review of 1) The skills that a forensic accountant requires; 2) The role of the forensic accountant in the courtroom; 3) The legal responsibilities of the forensic accountant; and lastly, 4) The role of the forensic accountant in a couple of major accounting fraud scandals. The world of Accounting has seen several major scandals since the early 1990s. These include major accounting failures such as Enron, WorldCom, Adelphia, Tyco, Phar-Mor, Cendant, Computer Associates, AOL, Freddie Mac, ImClone, Qwest Communications, Royal Ahold, Health South Corporation, AIG, Lehman Brothers, and most recently the Olympus Corporation. Some of these have resulted in the collapse and dissolution of the company – Enron, Adelphia; others have resulted in a major restructuring of the company – AOL, AIG, Freddie Mac. Whatever the result, they have all been caused by accounting fraud – either “cooking the books” to hide major losses or to hide the theft of funds. It has also resulted in the failure and absorption of the one of the Big Five Accounting firms – Arthur Anderson. Besides the whistle blower who brought most of these to public view and the lawyers who have been involved their dismantling...
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...Does workforce diversity always result in better organizational performance? In today’s global competitive environment, workforce diversity became a competitive edge that helps firms better understand different cultures and different ways of conducting business globally (“Benefits and problems”). Taylor Cox emphasized that increasing workforce diversity for better organizational performance is still an essential business issue that receives great attention, as “most of today's small business owners and corporate executives recognize that attention to the challenges and opportunities associated with the growing trend toward culturally diverse work forces can be a key factor in overall business success”. Rob McInnes identified 7 factors that motivate companies to diversify their workforces: As a Social Responsibility: companies exercise corporate social responsibility role by diversifying their workforces and supporting their good living. As an Economic Payback: “diversifying the workforce, particularly through initiatives like welfare-to-work, can effectively turn tax users into tax payers”. As a Resource Imperative: companies shouldn’t be hindered from attracting best talents available in the markets because of discriminatory practices. As a Legal Requirement: law requires companies not to be discriminatory in their employment practices or they will be exposed to penalties, as “fines and loss of contracts with government agencies”. As a Marketing Strategy: companies...
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...Legal, Political and Ethical Dimensions of Business Week 3 - Discussion 2 - Environmental Liability and Due Process In 1979, Paul and John Reardon purchased 16 acres of land located next to a manufacturing plant in Massachusetts. In 1983, a state environmental agency, responding to a citizen's report, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (PCBs) on the plant site and on the Reardons' property where it bordered the site. Shortly thereafter, the Environmental Protection Agency (EPA) cleaned up the contaminated areas. In 1985, the EPA notified the Reardons that they might be liable for clean-up costs. An EPA investigation of the property in 1987 revealed that some soil was still contaminated. This time, the Reardons cleaned up the property themselves. In March 1989, the EPA placed a lien for an unspecified amount on all of the Reardons' property to secure payment for any clean-up costs for which the Reardons might be liable. The EPA told the Reardons that they could settle the claims against them for $336,709 but noted that this amount did not limit the Reardon’s potential liability. The Reardons filed a motion for an injunction, arguing that filing a lien against their property without any prior notice or hearing violated their due process rights under the Fifth Amendment, which states that no person can be deprived of life, liberty, or property without due process of law. Superfund (the Comprehensive Environmental...
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...Corporation: The Corporation is today's dominant institution, creating great wealth but also great harm. This 26 award-winning documentary examines the nature, evolution, impacts and future of the modern business corporation and the increasing role it plays in society and our everyday lives. The birth of the corporation: How the corporation came to be. Originally, corporations were set up to serve the public good. Corporation lawyers gained rights through the US Supreme Court using the 14th Amendment (set up to protect slaves) that gives them the rights of a person. In the last century, the corporation is given more and more rights while people are increasingly stripped of theirs. Origins of Corporations Although definitions and descriptions of corporations have changed dramatically through the last few hundred years, the first corporation actually began long ago – as early as the sixteenth century. It was a benchmark in the history of money and business, transforming an economy from what was essentially a debt economy (when it came to merchant work) to a state-sponsored enterprise. This type of business was brilliant and revolutionary for the early business world, allowing businesses to take risks and expand in ways they had been unable to do before. The concept spread and grew, and by the seventeenth century, the corporation was well on its way to being an acclaimed and established center for regular commerce. When corporate business came to the newly born United States...
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...and analyzing accounting information. With accounting practice and standards at its core Forensic accounting goes above and beyond what the auditor does. Crumbley (2009) contends that a forensic accountant may take on fraud auditing engagements but will use other accounting, consulting and legal skills to broaden their engagements. The discipline of forensic accounting is being utilized not only in a courtroom setting but also in public discussions, debates, civil matters like divorces, insurance companies, banks and the business community at large. From a general perspective forensic accounting focuses on digging into the final accounts but will follow a lead into records of original entries. These accountants cover the areas of litigation support and investigative accounting. They are seeking out the cause and effect and according to the article FTB Tax Services (2011) it states that the primary orientation of forensic accounting is the explanatory analysis of phenomena- including possibly the discovery of deception, and its effect- introduced into an accounting system domain. The article further pointed out that the primary methodology employed by forensic accountants is objective verification. One can reasonably agree that forensic accounting engagements venture beyond the mere accuracy of numbers but rather detecting what flaw that might exist in the picture as a whole. According to Joshi (2004) the term “Forensic Accountant” was coined by Maurice E. Peloubet...
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...Introduction Forensic accounting has been around for many years. With the spotlight on accounting due to high profile scandals such as the Enron debacle, the market for forensic accountants has increased. The increase in white collar crimes due to the economic downturn also has forensic accounting in high demand. These accountants assist in investigating financial, auditing and business related issues and require specialized training. Forensic accountants are retained by lawyers, police forces, insurance companies, banks, and the business community. Government agencies employ forensic accountants as well. Accounting positions at the FBI date back to the 1970s and around 15 percent of today’s agents qualify as special agent accountants. These agents investigate terrorists, spies, and criminals of all kinds who are involved in financial wrongdoing (FBI.gov, 2012). Determine the most important five (5) skills that a forensic accountant needs to possess and evaluate the need for each skill. Be sure to include discussion regarding the relationship between the skill and its application to business operations. Forensic accounting is a specialty field within the broader area of accounting. These accountants are more than just number crunchers. The realm of forensic accounting requires a certain type of person who possesses specific skills and traits. Besides the core knowledge and skills of any Certified Public Accountant (CPA), they must know how to use a variety of computer...
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...written agreement between two parties. In this case there was an oral agreement may either by the two parties. An written contract was being drawn up but never completed due to misinterpretation and poor communication sent by an email/fax received by Chou from BTT. BTT produced no follow-up or follow through in this matter. This was a paid contract money was given in return for negotiation rights of distribution. This did not mean What the facts may weigh in favor of or against Chou in terms of the parties objective intent to contract? I believe the fact that BTT paid Chou 25,000 dollars for the negation of distribution right, also that BTT sent an email It is normal now a day to do business communications via emails and faxes. The emails and faxes can be made binding in a court of law. “Strat Deal” indicating that they agreed with the terms of the distribution agreement including the price, time frame, and obligations. Although the 90 days of the verbal agreement had passed the actual ”Strat Deal” contract had already been drawn up yet, never signed by BTT this could present Chou a problem for Chou. Chou did as told in regards to the creation of the draft and distribution. Chou did this in a timely fashion. Yet, Chou neglected to follow through by obtaining a signature. It would have also been better for BT to have...
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...In today’s business environment, businesses must be able to sift through and analyze massive amounts of data to gain a competitive edge over their competition. Utilizing data mining techniques, businesses are given the ability to analyze data from different points of view and turn it into useful information that can be used to increase revenue, cut costs, or both (Jason.Frand, n.d.). In today’s environment, competitive businesses use what is known as “Predictive Analytics” to perform mining and analysis of their data. In fact, predictive analytics is a form of data mining that if used properly can automatically sort and index a company database to create a predictive model based off corporate knowledge (Eric Siegel, 2005). Predictive Analytics use business intelligence technology to produce a score known as a predictor, which is a measurable value for every customer or organizational element. Once data records such as where, when, and how purchases are made are correlated, a predictive predictor or score is created. This predictor, in conjunction with other information, can assist in informing businesses what actions to take in order to get the consumer to purchase the goods they are offering. In fact, the proper utilization of predictive analytics can optimize marketing campaigns, improve web site behavior, reduce customer response times, increase revenue, and cut costs. The way companies and customers interact and perform their daily business has changed throughout the years...
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...written assignment examines the elements that must exist for a contract agreement to be considered enforceable by law. The assignment will examine the following contractual elements including: (a) offers, (b) acceptance, (c) legal consideration, (d) capacity, and (e) legality of purpose. In addition, the assignment will identify the components that govern the parameters of common law and the Uniform Commercial Code (UCC). For the purpose of this study, a fictitious scenario (myself) has been hired and offered a two year contract as the head chef of the Fabulous Hotel Company. As a sample to illustrate contractual issues that individuals may encounter, the agreement contains a non-compete clause that will serve to provide a closer analysis of specific contractual obligations and restrictions. The findings of this assignment will conclude that the courts are not able to successfully arbitrate disputes without an essential contractual agreement to define the terms that make it enforceable by law. The Anatomy of Contracts Without agreements spelled out in contracts, the courts are unable to adjudicate promises between individuals. In today’s business environment, many professionals find themselves dealing with contractual issues in one way or another. Blum (2011) defined a contract as an exchange relationship that is agreed upon and is recognized as enforceable by law. A contract must consist of the following elements: (a) an oral or written agreement between two or more people...
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