...Nontraditional and Traditional Litigation Julia Salazar LAW/531 April 21, 2012 Michael T. Millar, JD Nontraditional and Traditional Litigation In the United States disputes can be settled through traditional and nontraditional litigation systems. The traditional litigation method utilizes the court in conflict resolutions. This process of conflict resolution is very complex, time consuming, and expensive. The traditional litigation is based on adversarial system of justice with prosecution and defense opposing each other in the civil court. The traditional litigation process consists of pretrial litigation, trial and appeal. “The pretrial litigation process can be divided into the following major phases: pleading, discovery, dismissal and pretrial judgment, and settlement conference” (Cheeseman, 2010, p.35). Under the traditional litigation process disputes can become protracted and very costly. The nontraditional litigation method is becoming more popular because of the expense and time consuming nature of the traditional litigation. The nontraditional method is also known as alternative dispute resolution (ADR). “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee” (Cheeseman, 2010, p. 35). Quick Takes In the Litigation and Alternatives video Nonlinear Pro accused Quick Takes in defaulting...
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...Abstract In this essay the reader will be able to identify the legal disputes presented in the Litigation an Alternative Video. The paper will converse the difference between the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company. Forms Litigation Litigation is the process of bringing, maintain, and defending a lawsuit (Cheeseman 2012). Over the year’s traditional litigation has been the most popular form to use. Traditional Litigation such as a trail are time consuming, expensive and challenging, and must comply with the law. For that reason alternative dispute solution (ADR) has become popular. There are several forms of nontraditional litigation such as, mediation, arbitration, negotiation, etc. Arbitration the process of both parties selecting a neutral third party to listen to evidence presented and makes a decision. Arbitration is the best alternative to use when the parties do not get along and have no chance of becoming longer term business partners. The parties’ involved in the dispute have the option of selecting an arbitrator, submitting evidence, and written opinions. It is important...
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...Litigation and Alternatives Wilma McDonald LAW 531 August 14, 2012 Candice M. Deisher, Esq. Litigation and Alternatives The video “Litigation and Alternatives” features a dispute between Quick Takes Video (Quick Takes) and Non-Linear Pro (Non-Linear), which involves the use of a new video editing system. Quick Takes stated that the verbal agreement with Non-Linear consisted of using the new editing system for a three-week trial period. Non-Linear stated they have a signed lease agreement with Quick Takes for a minimum of three months. Non-Linear presented Quick Takes with an invoice in the amount of $5,000, which Quick Takes refuses to pay because of the inefficiency of the editing system and its belief that a lease agreement was never agreed upon (University of Phoenix, 2012). Both parties have options for resolving this matter. This paper serves to discuss the traditional litigation system and the nontraditional forms of Alternative Dispute Resolution (ADR) to gain a better understanding of the benefits and risks for both Quick Takes Video and Non-Linear Pro. Traditional litigation normally involves a substantial amount of time, unwarranted publicity, and detail-oriented tasks...
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...Nontraditional and Traditional Litigation Patricia L. Northern LAW/531 January 10, 2013 Andrew Bethart Nontraditional and Traditional Litigation The video “Litigation and Alternatives” presented different legal issues seen. The foundation of the issue is that Quick Takes did not like the equipment from Nonlinear Pro. A signature on a delivery slip disguised as a lease contract was the basis of the $5000 payment. Both parties have brought forth their arguments to pay or not to pay and what would be the best method to do so. There are two systems in place for dispute resolution: the traditional system that includes litigation, pleadings, discovery, jury, and trials. These processes are time-consuming and very costly related to the complex rulings and the hiring of lawyers to navigate the process. The second system is non-traditional as it is alternative dispute resolution (ADR) and developed out of the frustration of bringing up a traditional lawsuit. These include negotiation, mediation, arbitration, and a newer trend of the mini-trial. The complaint filed by Quick Takes, their premise is that an oral agreement of trialing the equipment for a month was agreed upon. They were very unhappy with the equipment’s performance and sent it back prior to the month period. They had an employee spend three weeks trying to work on the equipment and also an employee suffered a laceration from the equipment that later became infected. Quick Takes can take the traditional...
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...Traditional and Nontraditional Litigation Paper Jason Alexander Augustus LAW 531 March 11, 2013 Teb Bowman Traditional and Nontraditional Litigation Paper The litigation and alternatives video was is an instructive and compelling case for demonstrating various legal precedents. The scenario dealt with a contractual disagreement between a business and a company named Non-Linear Pro, the dispute is between the implied verbal agreement for a trial of a video editing system and a contract signed by Janet for a three-month lease. One of the primary issues in the video had to do with agency theory and tort. The options for resolution of the dispute are arbitration, mediation, mini trial, or trial. The principle in this case Quick Takes Video had a verbal agreement with Non-Linear Pro to have a three week trial of a video editing system, but when the equipment was delivered a delivery person presumably handed Janet a contract for a three month lease. As an employee of Quick Takes Video Janet signed the contract, which could legally bind Quick Takes Video into the lease contract and subsequently be held liable for breach of contract. A major question to be answered is whether the verbal agreement that was initially made between the two firms was binding as a contract, or if the lease agreement was made in good faith. The resolution strategies available to the two firms include mediation, arbitration, mini-trial, and court hearing. The arbitration option is optimal for both...
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...Mergers and Acquisitions Basics Mergers and Acquisitions Basics All You Need To Know Donald DePamphilis Amsterdam • Boston • Heidelberg • London New York • Oxford • Paris • San Diego San Francisco • Singapore • Sydney • Tokyo Academic Press is an imprint of Elsevier Academic Press is an imprint of Elsevier 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA Elsevier, The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, UK Copyright © 2011 Elsevier Inc. All rights reserved No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions. This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein). Notices Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary. Practitioners and researchers must always rely on their own experience and knowledge...
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...More Praise for the Second Edition of Mergers & Acquisitions from A to Z ‘‘Sherman and Hart have done a terrific job assembling and synthesizing the basic, yet critical, issues to be aware of before/during/ after the deal. A well-rounded, up-to-date primer filled with pragmatic information that will serve as an excellent reference regardless of the reader’s M&A experience.’’ —Edward J. Hayes, Jr. Executive Vice President and Chief Financial Officer Quantum Corporation ‘‘After reading Andrew’s book, it became clear that his insight and processes assist entrepreneurs looking to expand their businesses. Andrew’s book offers guidance for non–U.S.-based businesses considering mergers and acquisitions in the United States.’’ —Nancye Miller, CEO, EO The Entrepreneurs’ Organization ................. 11539$ $$FM 10-19-05 09:48:09 PS PAGE i This page intentionally left blank PAGE ii MERGERS & ACQUISITIONS F ROM A SECOND TO Z EDITION Andrew J. Sherman and Milledge A. Hart American Management Association New York • Atlanta • Brussels • Chicago • Mexico City • San Francisco Shanghai • Tokyo • Toronto • Washington, D.C. ................. 11539$ $$FM 10-19-05 09:48:11 PS PAGE iii Special discounts on bulk quantities of AMACOM books are available to corporations, professional associations, and other organizations. For details, contact Special Sales Department, AMACOM, a division of American Management Association, 1601...
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...America 10 9 8 7 6 5 4 3 2 1 Please visit our web site at www.pearsoncustom.com ISBN 0–536–72690–6 BA 996748 PEARSON CUSTOM PUBLISHING 75 Arlington Street, Suite 300 Boston, MA 02116 A Pearson Education Company iii iv Table of Contents SECTION ONE ................................................................. 1 An Investment Perspective and Human Resources .... 2 HUMAN RESOURCE INVESTMENT CONSIDERATIONS ...6 INVESTMENTS IN TRAINING AND DEVELOPMENT ..... 14 INVESTMENT PRACTICES FOR IMPROVED RETENTION ............................................................ 32 INVESTMENTS IN JOB-SECURE WORKFORCES .......... 42 ETHICAL IMPLICATIONS OF EMPLOYMENT PRACTICES ............................................................. 56 NONTRADITIONAL INVESTMENT APPROACHES ......... 58 SUMMARY............................................................... 67...
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...A N N U A L REPORT 2015 Financial Highlights As of or for the year ended December 31, (in millions, except per share, ratio data and headcount) Reported basis1 Total net revenue Total noninterest expense Pre-provision profit Provision for credit losses Net income Per common share data Net income per share: Basic Diluted Cash dividends declared Book value Tangible book value2 2015 $ $ $ Selected ratios Return on common equity Return on tangible common equity2 Common equity Tier 1 (“CET1”) capital ratio3 Tier 1 capital ratio3 Total capital ratio3 Selected balance sheet data (period-end) Loans Total assets Deposits Total stockholders’ equity Headcount 93,543 59,014 34,529 3,827 24,442 6.05 6.00 1.72 60.46 48.13 2014 $ $ $ 95,112 61,274 33,838 3,139 21,745 5.33 5.29 1.58 56.98 44.60 11% 13 11.6 13.3 14.7 $ 837,299 2,351,698 1,279,715 247,573 234,598 10% 13 10.2 11.4 12.7 $ 757,336 2,572,274 1,363,427 231,727 241,359 Note: 2014 has been revised to reflect the adoption of new accounting guidance related to debt issuance costs and investments in affordable housing projects. For additional information, see Accounting and Reporting Developments and Note 1 on pages 170 and 183, respectively. 1 Results are presented in accordance with accounting principles generally accepted in the United States of America (U.S. GAAP), except where otherwise noted. 2 Non-GAAP financial measure. For further discussion, see “Explanation and Reconciliation of the Firm’s Use Of Non-GAAP ...
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...Tenth Anniversary Edition Tenth Anniversary Edition TELECOMMUNICATIONS REGULATION HANDBOOK TELECOMMUNICATIONS REGULATION HANDBOOK The Telecommunications Regulation Handbook is essential reading for anyone involved or concerned by the regulation of information and communications markets. In 2010 the Handbook was fully revised and updated to mark its tenth anniversary, in response to the considerable change in technologies and markets over the past 10 years, including the mobile revolution and web 2.0. The Handbook reflects modern developments in the information and communications technology sector and analyzes the regulatory challenges ahead. Designed to be pragmatic, the Handbook provides a clear analysis of the issues and identifies the best regulatory implementation strategies based on global experience. February 2011 – SKU 32489 Edited by Colin Blackman and Lara Srivastava Tenth Anniversary Edition TELECOMMUNICATIONS REGULATION HANDBOOK Edited by Colin Blackman and Lara Srivastava Telecommunications Regulation Handbook Tenth Anniversary Edition Edited by Colin Blackman and Lara Srivastava ©2011 The International Bank for Reconstruction and Development / The World Bank, InfoDev, and The International Telecommunication Union All rights reserved 1 2 3 4 14 13 12 11 This volume is a product of the staff of the International Bank for Reconstruction and Development / The World Bank, InfoDev, and The International Telecommunication...
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...ETHICS IN INFORMATION TECHNOLOGY Third Edition This page intentionally left blank ETHICS IN INFORMATION TECHNOLOGY Third Edition George W. Reynolds Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Ethics in Information Technology, Third Edition by George W. Reynolds VP/Editorial Director: Jack Calhoun Publisher: Joe Sabatino Senior Acquisitions Editor: Charles McCormick Jr. Senior Product Manager: Kate Hennessy Mason Development Editor: Mary Pat Shaffer Editorial Assistant: Nora Heink Marketing Manager: Bryant Chrzan Marketing Coordinator: Suellen Ruttkay Content Product Manager: Jennifer Feltri Senior Art Director: Stacy Jenkins Shirley Cover Designer: Itzhack Shelomi Cover Image: iStock Images Technology Project Manager: Chris Valentine Manufacturing Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission...
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...Handbook of Management Accounting Research Volume 3 Edited by CHRISTOPHER S. CHAPMAN Imperial College London, UK ANTHONY G. HOPWOOD University of Oxford, UK MICHAEL D. SHIELDS Michigan State University, USA AMSTERDAM – BOSTON – HEIDELBERG – LONDON – NEW YORK – OXFORD PARIS – SAN DIEGO – SAN FRANCISCO – SINGAPORE – SYDNEY – TOKYO Elsevier The Boulevard, Langford Lane, Kidlington, Oxford OX5 1GB, UK First edition 2009 Copyright © 2009 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone ( 44) (0) 1865 843830; fax ( 44) (0) 1865 853333; email: permissions@elsevier.com. Alternatively visit the Science and Technology Books website at www.elsevierdirect.com/rights for further information Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for...
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...“A critical component of any winning business is an HR function that improves business results. I highly recommend this book to HR and business leaders everywhere.” —William S. Allen, Senior VP, Group HR, AP Moller-Maersk AS, Copenhagen, Denmark “Got business? This book does. By asking (and answering) the tough questions about HR relevance for line managers, shareholders, and customers, readers will clearly understand the why, how, and what of HR transformation.” —Rich Baird, Joint U.S. and Global Leader, Advisory People and Change, PwC “Wow, they have done it! Many HR shops need transformation but don’t have the answers. This book is the roadmap, answers the questions, provides the rationale, and describes how HR transformations should unfold. Read it, but better yet—do it!” —Richard W. Beatty, Rutgers University, coauthor of The Differentiated Workforce “A must read for an HR team that wants to add the most value to the business.” —Bob Bloss, HR Executive Vice President, Hallmark “A thoughtful and practical guide that will help leaders navigate some of the most important decisions about building the HR organization of the future.” —John Boudreau, USC Marshall, coauthor of Investing in People and Beyond HR “Two bangs for your hard-earned buck. First, a very strong summary of the key tenets of the most important HR thinking. Second, highly practical examples of what to do and—even more importantly—what NOT to do when embarking upon transformation.” —Reg Bull...
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...KEY TERMS CHAPTER 1 Customer Equity-is the combined discounted customer lifetime values of all the company’s current and potential customers. Customer Lifetime Value-companies are realizing that losing a customer means losing more than a single sale. It means losing the entire stream of purchases that the customer would make over a lifetime of patronage. Customer Perceived Value-the customer’s evaluation of the difference between all the benefits and all the costs of a market offering relative to those of competing offers. Customer Relationship Management-is the overall process of building and maintain profitable customer relationships by delivering superior customer value and satisfaction. Customer Satisfaction-depends on the product’s perceived performance relative to a buyer’s expectations. Demands-human wants that are backed by buying power Exchange-is the act of obtaining a desired object from someone by offering something in return Internet-a vast public web of computer networks that connect users of all types all around the world to each other and to an amazingly large “information repository’ Market-is the set of actual and potential buyers of a product Marketing-the process by which companies create value for customers and build strong customer relationships in order to capture value from customers in return Marketing Concept-holds that achieving organizational goals depends on knowing the needs and wants of target markets and building profitable relationships...
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...Course Technology’s Management Information Systems Instructor and Student Resources Introduction to IS/MIS Principles of Information Systems, Eighth Edition • Stair, Reynolds Fundamentals of Information Systems, Fourth Edition • Stair, Reynolds Management Information Systems, Sixth Edition • Oz Information Technology in Theory • Aksoy, DeNardis Office Applications in Business Problem-Solving Cases in Microsoft Access & Excel, Sixth Annual Edition • Brady, Monk Succeeding in Business Applications with Microsoft Office 2007 • Bast, Gross, Akaiwa, Flynn, et.al Succeeding in Business with Microsoft Office Excel 2007 • Gross, Akaiwa, Nordquist Succeeding in Business with Microsoft Office Access 2007 • Bast, Cygman, Flynn, Tidwell Databases Database Systems, Eighth Edition • Rob, Coronel Concepts of Database Management, Sixth Edition • Pratt, Adamski Data Modeling and Database Design • Umanath, Scamell A Guide to SQL, Seventh Edition • Pratt A Guide to MySQL • Pratt, Last Guide to Oracle 10g • Morrison, Morrison, Conrad Oracle 10g Titles Oracle9i Titles Enterprise Resource Planning Concepts in Enterprise Resource Planning, Third Edition • Monk, Wagner Data Communications Data Communications and Computer Networks: A Business User’s Approach, Fourth Edition • White Systems Analysis and Design Systems Analysis and Design in a Changing World, Fifth Edition • Satzinger, Jackson, Burd Object-Oriented Analysis and Design with the Unified Process • Satzinger, Jackson, Burd Systems Analysis and...
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