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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CASE STUDY III-1 Consumer and Industrial Products. Inc. is a large manufacturer of a wide variety of products. The company is headquartered in the United States and has several plants all around the world. The large amount of operations requires the company to have updated IT systems. When dealing with a huge number of customers‚ the proper database and storage of information plays a crucial role. Back in 1993‚ the company’s Director‚ Ted Anderson‚ launched the
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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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management: A case study comparing Canon‚ Inc. and Apple Computer‚ Inc. Ikujiro Nonaka Institute of Business Research‚ Hitotsuhashi University‚ Kunitachi‚ Tokyo‚ Japan Martin Kenney Department of Applied Behavioral Sciences‚ University of California‚ Davis‚ CA 95616‚ USA Abstract This paper argues that innovation can be best understood as an information process which is then concretized as a product that meets demand. Two very different firms‚ Canon Inc. and Apple Computer Inc.‚ are used as
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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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My band director is one of the most important and influential people in my life. He always helps boost my confidence in my playing abilities‚ and he always believes in me. I started band a year after everyone else‚ because my mom wanted me to focus on school for the first year of middle school. When I finally did join band in sixth grade‚ Mr. Sacco was very helpful and patient with me. There’s something he’s said that I believe is the best advice I have ever received : “It’s not the mistakes you
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effects or make up for the actors. They are simple and plain both in A Man Escaped and Pickpocket. Bresson doesn’t use dramatic zooms to draw attention. I felt that Bresson was looking to create more of a reality‚ and I find this admirable. Many directors prefer to use fancy effects feeling as though that will enhance the film. He wanted to enhance his film with the script as opposed to effects. However‚ what confused me was when Bresson tried to make it seem as though his characters were thinking
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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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