Four Business Types – Pros and Cons

In my opinion, Corporation is the best form suited to venture as intended by Victoria & Quentin because it is separate legal entity distinct from its owners & have well defined registered by laws. These organizations are highly regulated & attract capital even from outside source very easily & existed infinitely. The main issues concerning the Intellectual property rights in providing licensing Marvel's intellectual property to Universal studios are Copyright and Trademark protections to the theme parks which Disney proposed to develop by using Thor, The Hulk, Iron man etc. Law related to copy rights gives the author or creator of work the exclusive rights for limited time span in order to promote creativity & allow control over use of artistic creations. Authors have been given powers to manage the characters (like The Hulk, Iron Man etc) as created by them & any one copying it definitely attract legal provisions (Chapter 17 of the United States Code). However there is the right of public to benefit from the authors work but that too exist on supposition that once copyrightable work enters public domain, others should be allowed to benefit from it and can make make it better for the excellence of all. Where Copyright law protect original writings of an author & dealt with character development and individualization protection trademark laws actually take care trademarks commercial value & designed to safeguard endures against confusion as to source or authorization of an item. Therefore trademark owner has given control over use of the sign or mark in association with those goods and services for which mark symbolizes. The Securities Act of 1933 which originally introduced on account of economic crisis of 1929 and mainly focus on two main objectives: First, to ensure more transparency in financial statements so as to facilitate investors to take informed decisions and second, to establish stringent laws to curb fraudulent activities/misrepresentation in securities markets. Whereas the Securities Exchange Act of 1934 derived to provide for governance of securities transactions in secondary market & to regulate stock exchanges and intermediaries (broker-dealers) to protect public investments. The main purpose of Securities Act of 1933 was to maximize the disclosure of financial through the detailed process of registration of securities. In case investor suffers losses on account of misleading information, they have recovery rights on proving that losses arises due to incomplete or inaccurate information. Whereas by means of Securities Act of 1933, Securities and Exchange Commission (SEC) was created which has broad powers & authority over all aspects of the securities market inclusive of brokerage firms, transfer agents, and clearing agencies and even nation's securities self regulatory organizations (like New York Stock Exchange, the NASDAQ Stock Market, Chicago Board of Options, Financial Industry Regulatory Authority etc). This act also provides the Commission with disciplinary powers over various regulated entities and persons associated with them & include provisions for periodic reporting of certain information by companies whose shares are publicly traded. A company planning for an IPO must appoint a lead manager (book runner) who helps to determine appropriate price of shares to be issued, which can be done by either of the two methods i. e. ither through lead managers or through analysis of confidential investor demand data, which is to be compiled by the book runner known as book building process. IPO requires effective planning comprising of development of an impressive management and professional team, significant growth of company's business so have known public marketplace, available audited financial statements following Internationally accepted accounting principles, compliance's of various act, good corporate governance practices etc. Victoria & Quentin fund raise not amount to IPO but a private placement/funding in which funds can be raised not directly from public but through private investors/ merchant bankers or private equity firms on which minimum regulations are applicable & statutory provisions of an IPO are not applicable. Patent: Patent protects an invention which is novel, useful, and non-obvious. Whereas invention refers to any new article, new machine, or any process or combination thereof or any new use developed by human being but that invention must not form part of public domain nd not previously known in the public before invented. It must be new. Also that invention must be non obvious to person skilled in art. Copyright: Copyrights usually protect the works of an author like writings, music, artistic work or art work which can be expressed in tangible form. It generally gives protection to software, web, course materials, publications, electronically or non electronically, printed or non printed. Trade Mark: Trademarks gives protection to the words, names, marks, symbols, or colors etc. hich differentiate between the goods and services and direct to the source of those goods or services. Trademarks can be renewed forever to the extent they can be Trade Secret: A trade secret is an information which the organizations generally keep secret or undisclosed so as to give them advantage on their opponents/competitors. In the given instances, there is an infringement claim of patent which is design with respect to chip clip for multiple bags of potato chips & another is an infringement of Copyright & trademark when to use the words â€Å"Astroclaw†Ã¢â‚¬  similar to â€Å"Atomic Claw†. In order to make case their effective Victoria & Quentin must prove that, there is no infringement of Intellectual Property rights. They can give evidence to prove that the designs & music has already been created by them as new without copying and their claims & application filed by Gunnar & Alexander fails to serve the test of patentability. Shareholders defined as individuals or artificial legal person who issued stock/shares in a company with a view to get benefit with the hope of earning of profits by company. It is a sort of investment in ownership of company and get rights to the extent of their investment. Whereas stakeholders are the persons who impacted by the policies, rule, regulations & working of an organization. This is the broad term comprises of whom an organization directly or indirectly associated with. It referred to as somebody who has stake or interest in actions of the company at large or even small scale. This term in connection with a corporation consists of its staff, employees, customers, supplier, vendors, dealers & society in wider context. This is the term generated out of need of suitable corporate governance as well as part of corporate social responsibility. Shareholder owes fiduciary duties to minority shareholders as well as to other stakeholders comprising of society at large, means they must act in their self interest so as to maximize their profits by following corporate governance principles. I support Mr. Garfield as he is the supporter of new ideas of capitalism & believes in restructuring & revival mechanism of capitalism. He believes that instead of running a failing or loss making business, shareholders should accept beneficial proposal so as to evade compulsory winding up which impacted other business. He appears to be an ethical person when denied to take money from a widow. On the other hand, Mr. Andrew seems to be sympathetic towards employees, workers but actually he not grown up as manger & not taken any action to replace discard technology & owing to above reasons I vote in favor of Mr. Garfield as the organization runs to make profits & if an organization not works well, it must be restructured in a manner so as to maximize wealth of shareholders.

Urban Housing Reforms and Urban Blight Essay Example | Topics and Well Written Essays - 500 words

Urban Housing Reforms and Urban Blight - Essay Example Cultural groups overran areas that were under urban development reforms in an effort to enjoy imminent benefits like reasonably priced houses (Aoki, 1992). For example, the aftermath of the First World War saw a profound inflow of African Americans from the south. This influx led to troubles of the â€Å"metabolism† of urban housing reform and population distribution (Pritchett, 2003). The dumbbell tenement is another example of urban blight in the form of a product of urban design reform. The vast arrival of communities resulted in the acceleration of the â€Å"junking† procedure in the field of deterioration. Reform supporters never built a systematic procedure by which to ascertain the positive impacts of the reforms. One example is the presented of outmoded contracts in many urban development councils. Similar to the private sector, urban design reform integrated control and imposed order on surrounding environs. Another example is the burdensome structure of checks and balances that reform supporters did not abandon. This system of transacting fostered fraudulence, corruption, overstated taxes, and election rigging. From this point of new, an urban blight in late nineteenth century America was not just a naturally happening procedure. Urban housing reforms of the late 1800s in the end contributed to urban blight. The loss of interest in the greater good by landowners, migration influxes, the invasion of urban areas by ethnic groups, and the lack of a systematic process contributed to urban blight.

Leadership in Clinical Practice Essay Example | Topics and Well Written Essays - 3000 words

Leadership in Clinical Practice - Essay Example Good leaders can develop their staff through education, training, experience, and self-study. Symptoms of a good leader are that they always keep on working and try to improve their leadership skills. Managers should be well versed and experience enough to guide the staff in relation to the convertibility of their academic knowledge in practical performance. In an emergency situation, mostly in clinics, there is a requirement of strong management and executive skills. This means not only the doctors, all other staff in a clinic should be efficient enough to deal with the situation. Managers should work for the development of staff members. Training and education programs should be implemented for staff. The evaluation process should be conducted in order to control and monitor the activities of members. Incentives, bonus and better compensation plans should be enforced to keep the staff members motivated towards the organization. Communication and leadership can also lead to the tran sformation of an organization. Culture and structure of a clinic should be flexible, so that staff members can share their preferences and knowledge with the managers. Therefore, communication and leadership are the main pillars for the success of clinics (Butler Gillian & Hope Tony, 1996). 1.2 Leadership Leadership is a key factor for an organizations success. It mainly depends on how managers are able to handle the organizational and management structure. A leader should have infinite flexibility. This means one should be able to adopt a leadership style in accordance to a particular situation. Leadership plays a most important role in clinical areas such as leading role of the doctor towards nurses and other staff, similar to that nurse play a lead role in guiding the supporting staff and trainees. These shows at all levels there are different leaders. (Blagg Deborah & Young Susan, 2001). Factors of leadership Mainly there are four factors in leadership, which are present in ever y organization i.e.: Leaders Followers Communication Situation Leader Leaders must have a clear understanding of who they are, what they know and what they can do. Therefore, it is imperative that doctors should have all knowledge in relation to their capabilities so that they can guide nurses and other staff appropriately. Before guiding other people they should know their inner capabilities, strength, and weaknesses. Because it is the nurses who help to identify whether a doctor is successful or not, therefore one will have to satisfy his followers not the boss, as they are the ones who are dependent on a leader. Followers In hospital many people are followers such as nurses, supporting staff, trainees etc. and each person has different styles and nature. Therefore, each one of them requires different leadership process and style. One should know the follower's nature, needs, emotions, and motivation. Communication Leading should be done through two-way communication, most of whic h is nonverbal. But in clinical areas, verbal communication is most important. It plays a vital role in the performance of the staff members. For instance in the case when one sets an example, this communication to people will lead them to perform only the things guided by the leader rather than performing in their own way.

Juvenile Justice System Process Essay Example | Topics and Well Written Essays - 750 words

Juvenile Justice System Process - Essay Example During the decision making stage, where the arresting officer is still trying to make contact with the parents or making transfer arrangements, federal regulations require that the juvenile being held at adult penitentiaries be kept away from adult inmates (Neubauer & Fradelia, 2009). The law also stipulates that they should be removed from the adult facilities within six hours of arrest. The third stage is the transfer of the case to the juvenile probation department. Here the intake officer will then make a decision whether to dismiss the case, handle it informally or he may propose a formal hearing. Most of the Juvenile cases about 50 percent of them are dismissed (Neubauer & Fradelia, 2009). The probation officer has to review all the facts about the case during this stage and determine whether there is sufficient information to try the youth. If there is adequate evidence the case may be heard informally or formally depending on the available facts otherwise the case is dropped. While awaiting trial the juvenile is required by law to be detained in a secure facility. A judge often decides if the juvenile should be detained before and during the course of the trial. The officer also explains the intent of the detention in a detention hearing that takes place within 24 hours of arrest (Martin, 2005). The fourth stage is either informal, formal hearing or disposition. An informal hearing will be granted by a judge if the juvenile pleads guilty and agrees to settle the charges brought against him through acceptance to meet the courts requirements which may be: restitution, mandatory curfew, school attendance or rehabilitation (NCJRS, 2000). The juvenile is then released but will be monitored by a probation officer. In formal hearings a decision is made where the case will be heard and this may be in a juvenile or criminal court. Most of the cases will be heard in a juvenile court but egregious offenses will be tried in criminal courts (Neubauer & Fradelia, 200 9). Recommendations The juvenile system process varies within states but the above mentioned process is a standard procedure that is supposed to be followed. The problem is that the process is rarely followed. I would recommend that all states adopt the same process so that it becomes uniform. Secondly some states detain juveniles for over six hours in adult penitentiaries. This should stop because the minors go through a rough time in the cells and this affects them psychologically. Third I would also recommend system wide changes in terms of facilities and officers trained to facilitate the whole process. References Martin, G. (2005). Juvenile Justice: Process and Systems. Thousand Oaks, Carlifonia: Sage Publications. NCJRS. (2000). Juvenile Justice System Structure and Process. Retrieved March 26, 2012, from NCJRS: https://www.ncjrs.gov/html/ojjdp/nationalreport99/chapter4.pdf Neubauer, D. W., & Fradelia, H. F. (2009). America's Courts and the Criminal Justice System. New York: C engage

Poem analysis Assignment Example | Topics and Well Written Essays - 500 words - 1

Poem analysis - Assignment Example She is a beautiful young woman, but instead of pursuing her dreams, she is dancing and singing as a prostitute. The use of race suggests that her skin color has affected her access to social and economic opportunities. Hughes also connects race to suffering. He mentions that the pianist has â€Å"his ebony hands on each ivory key,† (9), followed by â€Å"[h]e made that poor piano moan with melody† (10). The nearness of these statements implies that the man’s race has something to do with his suffering. He could be experiencing distress because his music cannot have a bigger audience due to his race. He could also be witnessing racism daily that burdens his soul. Besides racial descriptions, these poems have similes that relate to suffering. McKay uses a simile to compare the prostitute’s voice to â€Å"blended flutes† (3). Blended flutes demonstrate the beauty of the woman’s form that is compared to a flute, and the melody of her song that is similar to flute music that can be understood by many people. This simile is important in contrasting the form with the essence of the music, which is no longer blended, but full of pain and sadness. Hughes also uses simile to show that suffering can be performed. If the prostitute can sing and dance and appear like she is in another place, the pianist in Hughes’ poem can also perform, this time with a piano, while he is singing. Hughes says: â€Å"He played that sad raggy tune like a musical fool† (13). The pianist looks like a musical fool, but at least, he has music to express his sadness that is deep in his soul. He uses music to unload the burdens of his race. Apart from similes, these poems use musical metaphors to describe how music helps express and reduce people’s innermost anxieties. The prostitute of â€Å"The Harlem Dancer† feels like an object that is consumed because her performance is paid through â€Å"coins† and because her

Corporation law Essay Example | Topics and Well Written Essays - 1500 words - 1

Corporation law - Essay Example Andy and Robert made some mistakes by not signing a written agreement on their partnership, by not choosing to set up an appropriate legal entity and by letting their personal relationship interfere in business. the real type of partnership between Andy and Robert, considering that the enterprise is called Freedom Diving, Leisure & Co, & Co – referring to a specific level of employees’ involvement in the management of the company; First of all, the legal status of Freedom Diving, Leisure & Co should be analyzed in order to seek out the legal implications of the two partners. Including ‘&Co’ in the name of the company implies that the employees participate in the management of the enterprise. Considering that at the beginning of their partnership Andy and Robert did not have employees, it is possible to assume that they were not aware of the legal stipulations in this matter and they just went along with the name they liked. On the other hand, the partners had legal alternatives to their partnership, but I would have advised them to choose a form of Limited Liability Partnership or Limited Company, both options having their advantages. On the other hand, a limited partner cannot participate in the management of the company4, otherwise he will become just as liable as a general partner5. In the case of Andy and Robert, the non-participation in the management of their own company is far from being possible, as it is they who are qualified in diving and it is a hobby that has become a source of income. As it has already been mentioned, both legal structures have numerous advantages, but there are some disadvantages that are difficult to avoid. The partners – Andy and Robert - should choose the one that fits their type of business best. On the other hand, there is a big minus in the LLP option – the fact that limited partners cannot participate in the management of the company, otherwise they

PQI Management of Suppliers Article Example | Topics and Well Written Essays - 250 words

PQI Management of Suppliers - Article Example Therefore, Tier 1 suppliers should maintain the relationship with PQI. Tier 2 suppliers have the capability to maintain stable supply in the region. It also has strong technical support, and production management ability. Due to this, PQI should continue working with Tier 2 to supply its products in the region. Tier 3 suppliers have low competitive prices, and less ability to produce quality products. PQI should issue warning to Tier 3 suppliers. If the numbers of local customers continue to reduce, PQI should cease working with Tier 3 suppliers and pursue new suppliers. It should share the assessment results because this will enable the suppliers to realize their weakness and improve. This will also enable PQI to keep close relationship with all the suppliers because it wants to take advantage of any technology that might arise. Further, it will be able to minimize on production costs. For instance, maintaining close working relationship with Tier 3 implied that production of die products by a skilled company would play a vital role in assisting PQI to bring new products to the market at a low production cost. 4- The purchasing manager has narrowed its choice of potential supplier for the rush order from the new customer to A, B, and C. If you were Wang, which supplier would you recommend that the purchasing manager place the order with? Explain