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,…
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.…
Michael J. McGrover (McGrover) is a supporting case for Giere. In this case the employee McGrover was employed by Spencer from March of 2003 through early 2012 where he was the Vice President of the Commercial and Industrial Lending department. McGrover left Spencer for a similar role at Union which I assume to be another bank. While employed at Spencer there was an employee handbook which referred to a confidentiality clause. This clause was not formal in that it was not considered to be a legal document as there was no signature and the like. The confidential information that was allegedly taken from Spencer was simple documents which included some forms. These forms were not considered to be proprietary and/or controlled and therefore the confidentiality agreement was informational only.…
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…
The Sarbanes-Oxley Act (SOX), passed in July 2002, requires publicly traded companies to submit accurate and reliable financial information. Securing private information is not included in its requirements; however, establishing security controls for confidentiality, availability, and integrity of the reporting are (Kim & Solomon, 2012).…
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)…
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:…
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).…
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?…
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.…
Mironi, M. (1974). The confidentiality of personnel records: A legal and ethical view. Labor Law Journal, 25(5), 270-292. Retrieved from http://ezproxy.library.capella.edu/login?url=http://search.ebscohost.com.library.capella.edu/login.aspx?direct=true&db=tsh&AN=5816959&site=ehost-live&scope=site…
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?…
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)…
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).…