MGMT 520 Discussions ALL 7 Weeks 483 Pages Keller

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 MGMT 520 Discussions ALL 7 Weeks   483 Pages Keller 

MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller

Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators….

MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller

Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. Many of you have never heard of him, but what he has done to

my profession and the business community as a whole is earth shattering. Read the “Disbarment of Lawyers” case on pages 225 and 226 in the Kubsek text and frame your answer around the four questions for the case study which are located on page 226. In evaluating this scenario, focus upon the question of what you would do if you are directed to do something that…

MGMT 520 Chapter 5 Problems Week 2 Discussions 1 All Students Posts 35 Pages Keller

Class just as advised above we will begin our discussion with Chapter 5. And just so you know, rational basis is the lowest standard of review by the Supreme Court. The highest of course is strict scrutiny. You must understand what rational basis is. Rational basis says that a law is upheld if it is related to a legitimate governmental purpose. Once determined, the question then in turn becomes, does this unduly burden interstate commerce? What compelling governmental interests would have to exist for these laws to be sustained? How else could the government justify their enactment? How could the laws be modified so as not to be a deemed an unlawful seizure or taking?…

MGMT 520 Chapter 19 Problems Week 2 Discussions 2 All Students Posts 33 Pages Keller

Class in this thread we will discuss how the law can become law, but how we as citizens have a say in whether it becomes law. Administrative Law is essentially an offshoot of Constitutional Law, which we will be discussing in both threads this week. Did the agencies involved violate Due Process or other Constitutionally mandated safeguards? What type of evidence would the agencies need to justify their actions. How might the aggrieved parties demonstrate that the agencies were acting in an arbitrary and capricious manner? How might the agencies defend against such a charge?…

MGMT 520 Breach of Warranty Week 3 Discussions 1 All Students Posts 38 Pages Keller

Poor, poor Mr. Arvo, a victim of detrimental reliance on a manmade contraption to serve as a form of comfort and enjoyment in his home.  Right?  Well in this particular thread we are going to deal with the topic of Torts Law essentially.  In this thread we will cover the concepts of intentional torts, negligence, strict liability, and warranties.  So let’s begin our discussion based on the facts given above.   You will begin your analysis and discussion based on the questions above.   Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer’s specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake’s residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from

hyperthermia, which caused circulatory failure and then death. The executor of Lake’s estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.  Which warranties, if any, has the manufacturer of the air conditioner breached?  For a manufacturer to be liable for consequential damages caused by a breach of warranty, the consequential damages must be foreseeable to the manufacturer.  Was Lake’s death a foreseeable consequence of the air conditioner’s failure to operate properly?…

 MGMT 520 Environmental Liability and Due Process Week 3 Discussions 2 All Students Posts 34 Pages Keller

 

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 Response, Compensation, and Liability Act, or CERCLA, of 1980, as amended in 1986) gives the government several powerful tools to use when attempting to collect clean-up costs from responsible parties. Among those tools is the authority to place a lien on a responsible party’s property without providing for a reasonable hearing before placing the lien.

Is the power to place a lien on a piece of property without prior opportunity to be heard in a court of law or administrative hearing constitutional? Why or why not?…

 

 MGMT 520 Shirley Parker v. Twentieth Week 4 Discussions 1 All Students Posts 39 Pages KellerClass, welcome to Week 4, we are halfway there. In this particular thread this week we will discuss contract matters.  This thread will move fast. So hold tight and let’s drive!  Always remember to start your thought process for contracts with:  Is this a valid contract?  How do I know it is a valid contract?  What does it take to form contract?  What kind of contract is it?  Bilateral or unilateral? Expressed or an implied contract?  Our textbook discusses monetary and equitable remedies in the event that a contract is breached. These issues presented themselves in the case Shirley Parker v. Twentieth Century Fox Film Corp. (Case 11-4) on page 297 of your eBook. Read Case problem 11-8 on page 307 of your e-book. What were the various parties obligations under the employment contract?…

 MGMT 520 Larry Podder or Harry Potter Week 4 Discussions 2 All Students Posts 35 Pages KellerIn this thread we will discuss those property rights. The purpose of copyright, trademark, and patent protections is to foster the creation of new ideas and creations. You will need to learn and know the difference between each of them and also trade secrets too.  As we discussed in Week 1, we saw how Bayer was very apprehensive in just releasing their product for the greater good. In this world, people want to be paid for their originality. Here, our initial problem will be to discuss Podder v. Potter. Take it one question at a time and you should be fine. You are a newly promoted supervisor for Playing with God, a company that makes computer games for a Christian bookstore. One of the directors on the corporate board is Jon Bakker, a long-lost nephew of TV evangelists Jim and Tammy Faye. Jon’s son, Larry Bakker, is a member of your department. He writes the story lines that go into the different games. He has very little computer expertise, but he does have a creative writing degree and writes

really great Bible-based game stories. One of his games has won an award in the Christian Video Game arena….

 

 MGMT 520 Week 4 Group Discussions 32 Pages Keller1. Can Big Bank’s president rescind the contract? Under what circumstances can a

contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded?

First we’ll take a look at what circumstances must exist in order for a contract to be rescinded.

1. The easiest is for both parties to agree and give consent in written form of rescinding the contract.  This is not an option since the President of Systems Inc. would like to resolve the current issue without losing a customer.

2. Contracts can be rescinded on the basis of fraud.3. If the contract was created with mistakes in the document itself, this can warrant

rescinding the document.  If any of the parties that entered into the contract does not have the capacity to enter into such an agreement or was coerced under duress of influence, which can be the basis for rescinding.  This is not the case here.

4. Systems Inc. has already provided results on 4 of the 6 conversions and therefore have already shown substantial performance.

5. A breach of contract occurs under these situations:  refusal of one party to perform the actions outlined in the contract, not meeting the obligations of the contract,…

 

 MGMT 520 Pusey v. Bator Week 5 Discussions 1 All Students Posts 40 Pages KellerIn this thread we will discuss the laws of agency and acting within the scope of employment. We will begin our discussion with thePusey case. I know that some of you will be shocked and appalled by the fact that someone possibly doing wrong can sue, but it happens more often than we hear about. Please read Case problem 16-13 at the end of Chapter 16 in your eBook regarding the lawsuit by Pusey in the case Pusey v.

Bator. Under what theory might Ms. Pusey argue that Greif Brothers Corporation is liable for the death of her son by the security guard? Would the plaintiff be successful under the theory you chose? Why or why not?…MGMT 520 The Lemon Tree Dilemma Week 5 Discussions 2 All Students Posts 39 Pages Keller

The website EEOC.gov should be a bookmarked site for any individual who is working as or plans to work as a manager in a business with more than one (i.e., the owner) employee. This website contains the information that the federal government expects companies and businesses to use and follow with respect to hiring, firing, and disciplining its employees. It explains disabilities, how to handle them, and when to use them in making hiring decisions. It also provides information about “protected classes,” in which people must be a member before they can claim “discrimination.”You should plan to visit the EEOC website during this week to help work through this ethical dilemma faced by Paul and Mary, two managers in the company in “The Lemon Tree.” Read through the fictional dilemma, and then choose the subject of discrimination discussed therein, planning to debate the ramifications of that with your classmates and your instructor. Some of this seems obvious, but others aren’t as easy to determine as they seem. Your instructor will bring in new and different “twists and turns” as we go along. Read the dilemma, and then let’s discuss. (The dilemma is found on the left tree, entitled “The Lemon Tree Dilemma.” )1. What is one aspect of Title VII that has been violated by the company?2. Which actions by the two employees that call their credibility into question are you allowed, as an employer, to consider? Or, what types of actions are you not allowed to use and why? Are there any you wish you could use?…

 

MGMT 520 Restraint of Trade and Antitrust Week 6 Discussions 1 All Students Posts 42 Pages Keller

Class Antitrust Law was one of my favorite topics in law school. We will begin the thread dealing with the key rule in Antitrust Law in the US and that is the Sherman Act.  Look at problem 25-14 found on page 718 of your eBook. We will begin our discussion this week by working through this “credit card” problem to help us understand “per se” violations and how they affect how antitrust suits are brought and proven. To get started, let’s answer the following questions about the problem:Was Visa’s and Mastercard’s conduct illegal under the Sherman Act? Under the Clayton Act? Why or why not?  Are exclusive dealing agreements a “per se” violation?…

MGMT 520 Consumer Protections Week 6 Discussions 2 All Students Posts 35 Pages Keller

To start our discussion this week – let’s review Case problem 26-17 on page 761 of your eBook. In addition to the question presented by the problem:1. What responsibilities did Easton and Source One Associates, Inc. have to the individuals and businesses that were the targets of these information requests?2. What responsibilities did the clients of Easton and Source One Associates, Inc. have to (a) its clients that made the information/inquiry requests and (b) to the individuals and businesses that were the targets of these information requests?3. Explain the remedies available to the individuals and businesses that were the targets of these inquiries….

 

MGMT 520 Multinational Companies Week 7 Discussions 1 All Students Posts 33 Pages Keller

Let’s finish up this term with a discussion about moving our personal and business ethics into the international business realm. Let’s look at how ethics and laws span the concepts of all of our TCOs to date and discuss them in a realistic perspective, with particular emphasis on the multinational company and the effects of laws in other countries on business in the United States, and vice versa. The TCO topics have been the following:

A: EthicsB: Governmental regulationC: Warranties and product liabilityD: Contract lawE: Employment law and vicarious liabilityF: Intellectual propertyG: Antitrust and fair trade activitiesH: Corporate activities and the SECI: International ethics

Do you see any of our TCOs in a different light now at the end of the term than you did at the beginning of the term? If so, which one(s), and why?…

MGMT 520 SOX and Insider Trading Week 7 Discussions 2 All Students Posts 33 Pages Keller

Review problem 24-15, found on page 677 of your eBook. Let’s look at corporate malfeasance, both specifically as it is seen in the case of Mr. Bleakney and NMC, and more generally, at companies across the country. It seems as though there is an

outbreak of corporate “bad ethics” that is translating into escalating costs for compliance and policing.

Along with the SEC and their policing and efforts at ending bad business practices that relate to the stock market, we also have the Sarbanes-Oxley Act, also known as SARBOX, or SOX, which is becoming a big buzzword in the business world. We will look at that here and in the other topic. As part of that discussion, start thinking about the different ways different officers of the company will look at and use or follow SOX (i.e., the CEO, CIO, and CFO).

To start this discussion, let’s look at the conduct of Mr. Bleakney. Was his conduct illegal under the Securities and Exchange Act, and more specifically, Section 10(b) and Rule 10b-5? If so, how? If his conduct was not illegal under Section 10(b) and Rule 10b-5, explain why not.

Was his conduct unethical? Why or why not?…