Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the Fabulous Hotel, the following paragraph appears:
“The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ.”
Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
Explain why this contract is governed by common law or the Uniform Commercial Code (UCC).
Examine at least two circumstances in which this non-compete agreement would be unenforceable.
Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite three scholarly sources in addition to the textbook Seaquist, G. (2012).Business law for managers. San Diego, CA: Bridgepoint Education, Inc, must be free of plagerism and be authentic
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Guidance and coaching is a core competency of advanced practice nursing. How do you think guidance and coaching in the advanced practice role is different from the RN role of teaching/coaching? Are there certain elements of this competency that are more important than others? How does the teaching and coaching role fit with a wellness versus sickness model of care?
should be 1.5-2 pages.REFERENCES AND CITATIONS MUST BE INCLUDED.Should be in APA Format.
use the following book as a reference book to gather more information. “Advanced Practice Nursing: An Integrative Approach Edition: 5th (2013) Author: Ann B. Hamric, Charlene M. Hanson Publisher: Elsevier Book ISBN: 9781455739806”
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After reading all chapters that have been assigned through this week, after watching the movie “Gung Ho” (available through Youtube.com for rent), and after reading the Background section on p. 575 of your text, complete the discussion questions on pp. 575-576 in your text. NOTE* The minimum length for this response has been increased significantly.
To complete a discussion appropriately, you will meet the following criteria:
Think of discussion boards as mini-essay papers. We want to keep them focused and integrated.
Choose points that you find interesting/important and elaborate on those points in your discussion.Do NOT describe or restate the content of the discussion reading or video.
A minimum response is 500 words. Discussion boards are an all or nothing assignment. If you get everything correct, you get full credit. If you do not fulfill each and all of the requirements, you will receive zero (0) credit for your work.
Every initial response is required to include, minimum, two scholarly or peer-reviewed resources to support your response. Our library allows you to choose these settings to help you find appropriate research to support your work.
Do NOT use Wikipedia.com, wiki-anything, about.com, how.com, answers.com, blogs, or any other generic answer base, because you cannot verify the accuracy of the information on the website. Instead, search our extensive library databases to find articles that contain verified information to support your discussion. If you find a blog from a notable source, you can include that information, but the blog will not count as one of your scholarly references.
There are several articles and videos in Course Documents and Web Links that you can, and should, use as references to support your discussions.
Every response must be completed in APA style. That includes all citations, both in text and reference. This includes indented paragraphs, font size, and other particulars that you will find specified in the APA manual. You will find an example of a paper written in APA style in Course Materials. Also, the APA style manual is a supplemental text for this course. Discussion boards do not require cover pages, tables of content, and other front matter, and can be copied and pasted from a draft document, such that attachments are not necessary.
You must respond to, at least, two (2) other students in class in their discussion boards/threads as well as any questions and comments from the professor and other students. Your responses to others in their threads are due by end of day, Saturday, of the due week. Your responses to everyone in your discussion board is due by end of day, Sunday, of due week. You are required to actively communicate with other students in this class as well as the instructor.
The initial post for each week’s discussion board is due by Wednesday, 11:59 p.m., of every week that a discussion board is due.
Each discussion board is worth 40 points toward your final total points.
Technique counts, so be sure to proof read your posts for grammar, spelling, punctuation, and other technical issues that can impact communication quality. If you are not a strong writer, you can contact the Writing Center for help toward improving your work.
I always suggest that students write their discussion board posts in Word or other word processing software rather than directly into Blackboard. This allows you to save your work and to make corrections before you post your work publicly. Blackboard has, regrettably, been known to eat some thoughtful and insightful responses simply because the response did not load correctly.
Below, you will see a checklist that will help you insure that your work meets graduate standards and decreases the likelihood that you will suffer oversights.
DB Checklist
Yes
Did I discuss rather than describe the original content?
Is my post 250 words or more?
Did I cite the original content as well as two scholarly sources to support my work?
Did I support my discussion with reliable/scholarly sources only?
Did I integrate course and text materials?
Did I adhere to APA style? (Did I look it up?)
Did I respond to two other students in their discussion boards by Saturday?
Did I respond to all questions and comments in my discussion board by Sunday?
Was my initial response posted by Wednesday, 11:59 p.m.?
Did I proofread and make corrections prior to posting?
Was my work reviewed by Turnitin.com for plagiarized material and corrected prior to being posted?
This is the third DB, And the country i should do is Estonia
I will apply the text book later, thank you!
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Review Case 8.1, A U.S. Supreme Court Case titled Walmart Stores, Inc. v. Samara Brothers, Inc. Using the IRAC Method of briefing cases found in the Appendix below, prepare a document that outlines the legal aspects of this case.
Write an eight to twelve (8-12) page paper in which you:
Summarize the facts associated with Walmart Stores, Inc. v. Samara Brothers, Inc.
Identity the legal question(s) that is under consideration.
Prioritize the rules of law that the court will consider in this case.
Compile the court’s decision and opinions on the case.
Prepare a conclusion for the outcome of the case.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Given a business situation, evaluate the various options for resolving a business dispute from a legal perspective and develop an optimal course of action to resolve the dispute.
Use technology and information resources to research issues in commercial law.
Write clearly and concisely about commercial law using proper writing mechanics.
Appendix: Case 8.1 U.S. Supreme Court Business Ethics
Walmart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205, 120 S.Ct. 1339, 149 L.Ed..2d. 182, Web 2000 U.S. Lexis 2197 (2000)
Supreme Court of the United States
“Their suspicions aroused, however, Samara officials launched an investigation, which disclosed that Walmart [was] selling the knockoffs of Samara’s outfits.”
— Justice Scalia
Facts
Samara Brothers, Inc. (Samara), is a designer and manufacturer of children’s clothing. The core of Samara’s business is its annual new line of spring and summer garments for children. Samara sold it clothing to retailers, who in turn sold the clothes to consumers. Walmart Stores, Inc. (Walmart), operates a large chain of budget warehouse stores that sell thousands of items at very low prices. Walmart contacted one of its suppliers, Judy-Philippine, Inc. (JPI), about the possibility of making a line of children’s clothes just like Samara’s successful line. Walmart sent photographs of Samara’s children clothes to JPI (the “Samara” was readily discernible on the labels of the garments) and directed JPI to produce children’s clothes exactly like those in the photographs. JPI produced a line of children’s clothes for Walmart, which had copied the designs, colors, and patterns of Samara’s clothing. Walmart then sold this line of children’s clothing in its stores, making a gross profit of over $1.15 million on these clothes sales during the 1996 selling season.
Samara discovered the Walmart was selling the knockoff clothes at a price that was lower than Samara’s retailers were paying Samara for its clothes. After sending unsuccessful cease-and-desist letters to Walmart, Samara sued Walmart, alleging that Walmart stole Samara’s trade dress (i.e., look and feel) in violation of Section 43(a) of the Lanham Act. Although not finding that Samara’s clothes had acquired a secondary meaning in the minds of the public, the U.S. District Court held in favor of Samara and awarded damages. The U.S. Court of Appeals affirmed the award to Samara. Walmart appealed to the U.S. Supreme Court.
Issue
Must a product’s design have acquired a secondary meaning before it is protected as trade dress?
Language of the U.S. Supreme Court
The Lanham Act, the Section 43(a), gives a product a cause of action for the use by any person of “any word, term, name, symbol, or device, or any combination thereof which is likely to cause confusion as to the origin, sponsorship, or approval of his or her goods.” The text of Section 43(a) provides little guidance as to the circumstances under which unregistered trade dress may be protected. It does require that a producer show that the allegedly infringing feature is likely to cause confusion with the product for which protection is sought. In an action for infringement of unregistered trade dress a product’s design is protectable only upon a showing of secondary meaning.
Decision
The U.S. Supreme Court held that a product’s design should have acquired a secondary meaning in the public’s eye before it is protected as trade dress under Section 43(a) of the Lanham Act. The Supreme Court reversed the decision of the U.S. Court of Appeals and remanded the case for further proceedings consistent with its opinion.
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Executive compensationor executive pay is composed of the financial compensation and other non-financial awards received by an executive from their firm for their service to the organization. It is typically a mixture of salary, bonuses, stock, benefits, and perquisites.
The three decades starting with the 1980s, saw a dramatic rise in executive pay relative to that of an average worker’s wage in the United States, and to a lesser extent in a number of other countries. Observers differ as to whether this rise is a natural and beneficial result of competition for scarce business talent that can add greatly to stockholder value in large companies, or a socially harmful phenomenon brought about by social and political changes that have given executives greater control over their own pay. Executive pay is an important part of corporate governance, and is often determined by a company’s board of directors.
Questions:
What criteria do you think should be used to determine a CEO’s pay and raises?
Would the criteria change based upon the industry; or profit versus non-profit company; why?
Should the criteria be objective, subjective, or both; why?
Is legislation needed to regulate CEO salary; why?
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Write an essay, based on the following question. The essay should be typed written, double spaced and between 2 and 3 pages. The sources should be included in the last page and cited throughout your essay. The final draft of the essay should be submitted with the 2nd midterm exam. You have the option to submit a first draft 2 weeks before the deadline for my comments and feedback. You may, alternatively, discuss you 1st draft essay with me before revising it and writing the final draft of your essay.
Import Substitution Policy Versus Export Led Growth Strategy
Compare the Latin American Strategy of Import Substitution Industrialization (ISI) with the East Asian strategy of Export Led Industrialization.
1. How was ISI with the perceived ever-declining terms of trade in Latin America?
2. Did ISI succeed to achieve the goal of industrialization and economic growth?
3. What was the role of macroeconomic stabilization policy in the success of export led growth in East Asia?
4. A major characteristics was the adoption of industrial policy in HPAE. Explain.
Sources: Gerber, International Economics, Chapters 15 & 16.
Import Substitution Policy Versus Export Led Growth Strategy
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The research paper assignment is worth 220 points or 22% of the course grade. A grade of C or better is required as per MBA policy as this is the Final Assessment for the course.
The objectives/purpose of the research paper project are to enable you to do a comprehensive financial analysis of a publicly traded corporation; and provide you with substantial information for you to make recommendations regarding investing in this corporation.
Your financial analysis report will be driven by a rigorous ratio analysis, and aggressively supplemented with your written analysis, interpretation, and evaluation of the data.
Your research should be strategically driven by two probing questions:
-Would you invest your financial capital in the selected firm as a shareholder?
-Would you invest your human and intellectual capital in the firm as an employee?
Steps in preparation of financial analysis report:
1.) Select a publicly held company
2.) Select a benchmark firm to compare your company against. The benchmark firm is typically the largest competitor.
3.) Obtain the firm’s balance sheet, income statement, and statement of cash flows for
the past 5 years. Download or read the firm’s annual report.
Research EDGAR’s database for additional SEC report filings: 8-k, 10-Q.
4.) The following table is the type of Excel or Word table that should be used to gather and report your ratio and financial performance data. Note the 5 financial diagnostic categories that should be used in your analysis.
Financial diagnostic categories
Chosen company vs.
Benchmark competitor
1.) Liquidity of short-term assets
-Current ratio
-Cash ratio
-Quick ratio
-Current ratio
-Cash ratio
-Quick ratio
2.) Long-term debt-paying ability
-Debt ratio
-Debt-equity ratio
-Times interest earned
-Debt ratio
-Debt-equity ratio
-Times interest earned
3.) Profitability
-Net income/sales (profit margin)
-Net income/assets (ROA)
-Net income/shareholder equity (ROE)
-Net income/sales (profit margin)
-Net income/assets (ROA)
-Net income/shareholder equity (ROE)
4.) Asset utilization/ management efficiency
-Total asset turnover
-Inventory turnover measures
-Accounts receivable turnover
-Total asset turnover
-Inventory turnover measures
-Accounts receivable turnover
5.) Market measures
-Price/earnings ratio
-Earnings per common share
-Dividend payout
-Price/earnings ratio
-Earnings per common share
-Dividend payout
Use 2-3 ratios per diagnostic category. Place your ratio calculations in the table for your selected companies—primary company and benchmark competitor. Using 5 diagnostic categories, and 3 ratios to assess each category, results in 15 ratio measures per company that will be compared side by side.
6.) To validate your research, 5 years of data should be analyzed.
7.) The financial analysis report must be written properly. They must include a title page, a table of contents, and a reference page. For both midterm and final report, information sources from the web, etc. must be cited properly, using APA style.
This means that every table that you cut and pasted or typed from the web must have a source at the bottom of the table AND that citing must also be included in a reference page at the end of the report.
The parts of the research paper are discussed below. The completed report (parts a through h) is due day 7 of week 6. Your project should include:
a. An overview of the corporation.
i. Provide general information regarding the type of business, products and/or services, location of headquarters, name of CEO, number of employees, and countries of operation, etc.
b. The latest financial statements
i. Get the income statement, balance sheet, cash flow statement, and the statement of owners’ equity for the past fiscal year. Create Turnitin-friendly versions of the financial statements; do not just ‘cut and paste’ them in your report. Do not forget to cite the source under each statement.
ii. If you cannot cut and paste them, you may have to type in the information in a table in your report.
c. A summary of each financial statement
i. Take each statement and state the key parts in words. Tell a story from each of the financial statements. For example, for the income statement, the story starts like, “Total Revenues in 2010 were $10 billion, while Cost of Goods Sold were $8 billion, leaving a gross profit margin of $2 billion, or 20 percent of total revenues….After taking out interest and taxes from EBIT, the net income was $0.5 billion, or 5 percent of total revenues.”
d. Ratio calculation (include 5 major types of ratios. Refer to chapter 3, Analysis of Financial Statements)
i. Organization of this section is based on the FIVE types of ratios listed in the text book. Calculate the ratios from the financial statements in part c above using Excel or your calculator and present them in a table.
ii. Find industry financial ratios online (eg. Yahoo.com) and compare your corporation’s ratios to these industry ratios.
iii. Present your results following the five types of ratios discussed in part d.
iv. A table with both corporation and industry ratios is required;
v.
e. Discussion of key statistics provided by sources like Yahoo finance.
i. There are many different other statistics available for your corporation. These include market value, beta, and diluted EPS, etc. Discuss some of the key statistics that you think can assist you to determine if this corporation is a good buy or sell.
f. For you to decide if a corporation’s stock is a good buy or sell, you must forecast several key variables, including the stock price.
i. Use historical prices (5 years of monthly data recommended) and forecast the stock price for the next year. Use regression analysis, and/or moving average, etc. to create your forecast.
ii. Create a graph from the historical data and show your forecast on the same graph. You can add a trend line to the graph to help you with a forecast. Include the graph in your report.
iii. You need to say specifically what the forecasted value of the stock price is.
iv. You must address the question, “Is this forecast reasonable?” Must you amend your analysis to get a more reasonable forecast?
g. Other information pertinent to the corporation that could affect its future performance and stock price.
i. This could include dividend policy, capital structure, bond ratings, expert opinions on TV, new projects, litigation, regulation, etc. Search for information on the web regarding this corporation. Look at company complaint blogs, etc.
h. Recommendation regarding the future of this corporation.
i. Is the stock a good buy, average buy, or a poor buy (implying a good sell)?
ii. Include a justification of your recommendation based on your analysis and research.
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Companies frequently align their strategies and operations with emerging information technology trends.
Please respond to the following in not more than 250 words:
Research and select one information technology that has been introduced in the last 10 years.
Summarize how one organization has adopted this technology. Do not repeat an example from the textbook or one that has been posted by another student.
Evaluate the success of this organization’s digital transformation initiative.
Then, in separate posts, follow up to one or more of your fellow students in substantive posts of up to 200 wordsthat further the discussion. For example, you may support or politely challenge a post with your own insights or experience, make a suggestion, or ask probing follow-up questions.
Support your positions with explanations and/or sources, as appropriate.
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Make sure this is your “made up” organization and not one that already exists. Please include:
For this assignment, you will be sharing your interest in helping some group that is facing a crisis. For this assignment you will put together a powerpoint presentation and choose what area of concern you will be advocating for. This powerpoint should include the following:
Name of your organization
The mission and purpose or goals of your organization
How your organization will accomplish these goals
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Psycho-graphics is an area of market research concerned with measures of consumer activities, interests, and opinions (AIO). Utilize AIO measures to create a psycho-graphic profile for a product of your choice.
Complete the following:
Select a product that is readily available and describe what it is and how it is used by consumers.
Using the concept of AIO measures (determining how well a particular consumer fits AIO statements), create a psychographic profile for a typical consumer of the chosen product. Note that the profile you outline may be one of many different profiles that are appropriate for the product.
Identify at least two probable items within each of the areas (activity, interest, and opinion) for the profile that you create. As an example, an activity might be “I frequently listen to country music”; an interest might be “I am interested in the latest consumer electronics”; and an opinion might be “International travel is educational for my children.”
Use proper APA style and formatting. The paper should determine its 3-5 pages in length.
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