R. Civ. P. 9(b). The particularity requirement is met by pleading facts about the “times dates‚ places or other details of the alleged fraudulent involvement of the actors‚” which gives rise to a strong inference of fraudulent intent. In re GlenFed Inc. Sec. Litig.‚ 11 F.3d 843‚ 847-48 (9th Cir. 1993) (internal quotation marks omitted); see also Time Warner‚ 9 F.3d at 263 (requiring the identity
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The Warnaco Group Inc. – Accounts Receivable Refer to Warnaco’s Form 10-Q for the quarter ended April 3‚ 1993. A. What is a Form 10-Q? How do the financial statements included in a Form 10-Q differ from the financial statements included in a Form 10-K filing? The Form 10-Q is a quarterly report designed to give a status of how a business is doing after three months of operation. The Form 10-Q and the Form 10-K differ in the report’s interval; the Form 10-K is an annual report. B
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Economic conditions change‚ competitors launch new assaults and the product passes through new stages of buyer interest and requirements (Kotler‚ 2001‚ p. 484). Consequently a company must plan strategies that address any changes in the market. ebay Inc. is the world’s largest and most popular person-to-person trading community on the internet (Bradley‚ 2001‚ p. 1). From its inception eBay was unchallenged however with amazon.com’s (Amazon) entrance into the online person-to-person auction arena and
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Apple Inc. in 2010 1. What‚ historically‚ have been Apple’s competitive advantages? Apple has had various competitive advantages since its origin until the present. Firstly‚ Apple’s innovation has always been its hallmark. Beginning with the first “Apple I” till the “iPad 2”‚ Apple products have change the development of the market many times‚ specially during the last decade‚ with the first iPod’s lunch. Although Apple’s single technologies have not been walkthroughs created by the company
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1. What are Gilcrist’s responsibilities to the company? To the employees who might resent her sudden appearance? To Boswell? Gilcrist’s position is a walk-in president of the company due to Gunerson’s death intervened. Now Gilcrist must learn the business in a fast pace and keep it running without Gunerson’s advice. She can expect some skepticism from her employees because that’s what usually happens when change occurs. Her employees will watch her every move to grade if she’s capable of handling
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Introduction Tennessee Sunshine Inc. is a mid-sized Tennessee company that specializes in creating exotic sauces from imported fruits and vegetables. The CEO Bill Stooksbury saw the pressing need to institute an enterprise risk management program in the company and has asked the firm’s financial analyst to prepare a report to brief the firm’s executives on this topic. In this case study‚ the concepts of enterprise risk management‚ the various components of an ERM framework‚ the reasons risk manage
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To: Cost4Life Inc. From: Mr. Pat Brown Subject: Strategic Recommendations for the cost saving and revenue generation during upcoming industry downturn. Date: 21st January 2014 Table of Contents Introduction 3 Identification of Issues 3 Major Strategic Issue 3 Identification and Prioritization of Issues and Alternatives 4 Alternative 1: Divesting the Fraser dry dock 4 Alternative 2: Targeting more profitable market segment 4 Alternative 3: Register
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FEDERAL COURT OF AUSTRALIA D’Arcy v Myriad Genetics Inc [2014] FCAFC 115 Citation: D’Arcy v Myriad Genetics Inc [2014] FCAFC 115 Appeal from: Cancer Voices Australia v Myriad Inc [2013] FCA 65 Parties: YVONNE D’ARCY v MYRIAD GENETICS INC and GENETIC TECHNOLOGIES LIMITED File number: NSD 359 of 2013 Judges: ALLSOP CJ‚ DOWSETT‚ KENNY‚ BENNETT & MIDDLETON JJ Date of judgment: 5 September 2014 Catchwords: PATENTS – Patent including claims for isolated nucleic
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The case about misappropriation of a trade secret that I researched is Best Buy Co. v. TechForward Inc. What happened was that Los Angeles-based TechForward sued Best Buy for misappropriating an original TechForward trade secret for the Best Buy “Guaranteed Buyback Program” (Star Tribune). The issue with the lawsuit involves what TechForward’s business does for its consumers. What they do (a much smaller business than Best Buy Co.) is calculate the buyback value of various consumer products such
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2008 → John Dragasevich (president)‚ small water filtration company based out of Toronto‚ Ontario‚ considering expansion‚ increasingly strict regulations on wastewater management implemented by government‚ invest in new technology (membrane biological reactors)? Industry: → increased demand for water and water treatment‚ trend expected to continue → market projections reaching $348 billion → demand growing for safe drinking water in developing countries → sustainability challenges and advancements
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