The Defendant was terminated from the position of junior executive secretary at The Company upon the decision by The Company to downsize. The Defendant acquired confidential information upon her departure regarding the process for creating Ever-Gold; a patented process which is fundamental to The Company’s success. Shortly after, The Defendant became an employee for a competitor of The Company, Howell Jewelry World [hereby referred to as Howell]; where she willingly released unknown documents and trademark secrets. The Defendant was required to sign a confidentiality agreement which The Company claims has been violated.…
This case is about operators of a business and the owners of the strip mall where business was located. The action alleged that the business was a front for prostitution and an illegal massage parlor. A preliminary injunction was issued by trial of court restricting the operation of a massage parlor or a place of prostitution. Pacific Landmark, a restricted liability company and owner of the property and Ron Mavaddat, the Pacific's manager appeal, challenging that the preliminary injunction is disputable in light of the fact that the culpable business has cleared the premises, with the outcome there is no risk of future impairment. Mavaddat likewise opposes, as manager of Pacific,…
If a company or organization’s data and systems are not secure, be it from lack of proper controls or improper physical security, then they would be out of compliance with industry standards. According to the SOX act a company is supposed to have internal controls in place to prevent and detect unauthorized access of financial data.…
I felt the case discussion and summary was well done. It included the majority of the essential components of the case and the facts were summarized in a very organized fashion. The one item I did not find in the summary and the discussion is the final results of the case. After reading the summary it would have been helpful to include a summary of findings from the 600 page audit committee report submitted to the SEC . I would have also like to have known more about the BDO circumstances and charges they faced as the blame centered on them initially (Accounting Today, 1993)…
Labor union’s potentially are interested in this information because he or she is most interested in the company’s financial statements, precisely net income, and stockholder’s equity to evaluate the security the employee wages and increase in wages.…
This law requires management to certify the accuracy of financial information. Manipulating financial statements to ensure meeting financial predictions is unethical and illegal. There are several important sections in this law, but the main one applying to this case is section 401. Section 401 requires “each financial statement filed with the SEC to reflect all material correcting adjustments that have been identified by the audit firm in accordance with GAAP and the rules and regulations of the commission” (Mintz & Morris, 2011, pg.285). GAAP procedures circumvented in this case portray United Thermostatic Controls in a…
Assume that federal health investigators are pursuing a report that one of your manufacturing plants has a higher-than-average incidence of cancer among its employees. The plant happens to keep excellent medical records on all its employees, stretching back for decades, which might help identify the source of the problem. The government demands the files. But if the company turns them over, it might be accused of violating the privacy of all those workers who had submitted to private medical exams. The company offers an abstract of the records, but the government insists on the complete files, with employee names. Then the company tries to obtain releases from all the workers, but some of them refuse. If you give the records to the feds, the company has broken its commitment of confidentiality. What would you do?…
2. In the case, Phillips questioned how far he should push the envelope. Why should he be concerned if all the actions you recommend are legal? Do you think the associated disclosures satisfy the SEC requirement that a company provides a narrative explanation of its financial statements that enables investors to see the company through the eyes of the management?…
If I personally had to represent this company (ReadyPro) in this case against Martinez by making a confidentiality agreement between two parties would be defined by agreement between the written contracts made before Martinez employment had transpired. Anytime there is a breach of contract, Martinez employment should be disposed of by lack of confidentiality on this persons fault. This agreement was a legitimate business purpose and was applied through Martinez in a business transaction that should allow ReadyPro to be able to tell Martinez when, where and why this contractual agreement was on terms of confidential, but once you get other parties into this contract, then it should be terminated with a quick axe. Facts and reasons for this agreement to be terminated are reasons that Martinez did not disclose this agreement with no other, but Martinez decided to get other parties in this agreement which is dismissal of employment. Facts that Martinez wanted to argue is that they never got proper reimbursement of personal computer use, but if you look in the contract, it said that you will get reimbursement of personal computer use just not the amount, 12 is a reasonable amount for personal use, 15 is steep and 10 is not enough. So ReadyPro will meet in the middle with 12 a day for personal computer use reimbursement. As for other reimbursements as lodging, it should all come in good time, Martinez did not give ReadyPro time and effort to disclose lodging agreement with each other. If I had to represent this case I would state these facts and reasons on why this was a legitimate agreement between two parties.…
The company in the scenario is G-Bio sport; a manufacturer of sports nutrition supplements and products. The company has been in existence for approximately 22 years (as of 2012), and has experienced much success and expansion. The company developed a set of core values in which to operate the business and employee relations. These core values consist of human dignity and respect, self-management/development, maintaining customer focus, collaboration, accountability, openness, and operating with a sense of transparency. During new hire orientation, employees receive a handbook detailing the governing rules and the policies of the company. Each employee is required to sign acknowledgement of the Non-Disclosure Agreement which states:…
State legislatures have responded to the issue of private sector employee privacy in one of four ways: (1) Enacting legislation mirroring federal law, (2) Recognizing constitutional right to privacy under their state constitutions, (3) Protecting employees only in certain areas of employment, such as personnel records or the use of credit information, and (4) Leaving private sector employees to fend for themselves […] (pp. 593-594, 1995/2004)…
The vast majority of California's water infrastructure was constructed during the Great Depression era. In fact, most pipes were put underground in three phases – in the late 1800's, the 1930's and shortly after World War II (AWWA, 2015). The general problem is our failing water infrastructure that is breaking down across the nation at an alarming rate. Consequently, the specific problem is leaky water pipes are having contaminants filtering into our drinking systems, leading to illnesses and disease outbreaks (Amwater, 2014).…
There is a fine line between how much safety a corporation should provide to the consumer regarding its products vs. how much responsibility of safety should fall on the average consumer. Take, for instance, the all too familiar McDonald’s coffee episode. Does McDonald’s have a responsibility to its customers to ensure the coffee isn’t hot enough to scald if spilled upon one’s lap? Or should the customer be held responsible for their own safety in regards to common sense judgment? This is what California Space Heaters, Inc. (CSH) must consider when deciding exactly which products to launch.…
GROUP SUBMISSION: Due 27 June 2011 Midnight American Chemical Corporation CASE QUESTIONS Read the American Chemical Corporation case that was handed to you. The underlying question to be answered is should Dixon acquire the Collinsville plant. In your case write-up, you can discuss the questions given below. Please note that the given questions are to be used only as a guide for your discussion. You do not need to answer the questions in the sequence they are presented. You can use the spreadsheet called AmericanChemCorp.xls (posted on instructor) to do your computations. Financial analysis 1. Extract all the important information given in the case study (text, footnotes and exhibits) that you will need as part of your set of assumptions in cash flow analysis, e.g. the marginal tax rate, net working capital, salvage value of the Collinsville plant, etc. 2. Using the information extracted in (1) above and relevant tables in the exhibits, estimate the expected incremental free cash flows associated with the acquisition of the Collinsville plant a. Without the laminate technology. b. With the laminate technology. 3. What is the IRR for the Collinsville investment with and without the laminate technology? Using the IRR, which of the two options is better? Estimating the discount rate 4. What is the appropriate beta for the Collinsville project? 5. Estimate the cost of equity capital appropriate for the evaluation of the incremental cash flows associated with the Collinsville investment. 6. Determine the after-tax cost of debt for the project. 7. Estimate the weighted average cost of capital (WACC) appropriate for the valuation of the Collinsville investment. Project Valuation 8. Using the discount rate determined above, estimate the net present value (NPV) of the Collinsville investments a. without the laminate technology b. with the laminate technology 9. Should Dixon Corporation acquire the plant? Is the Collinsville investment attractive on economic grounds?…
In December 2003, A Taiwan Semiconductor Manufacturing Co.’s (TSMC) terminated employee, a suspected who transferred the wafer processing of confidential information to Semiconductor Manufacturing International Corporation (SMIC). SMIC was registered to conduct business in California; also TSMC had a subsidiary in the state. As a result, TSMC was sued SMIC in U.S. court because it was violated the trade secrets. In this pleading, TSMC was sued SMIC because SMIC was violated trade secrets’ improperly by the job-hopping employee. Also, TSMC was filed for an injunction sanction and indemnification (Mcguiness, 2008).…