Author: chris

Hospitality Law

Part 1:  Non-Compete Provisions / Restrictive Covenants (write about Restrictive

Covenants related to employment … NOT related to Real Estate)

Part 2:  Trademark

Part 3:  Protecting Recipes / Trade Secrets / Trade Dress

 

Non -Compete Provisions / Restrictive Covenants:

a) What are they?

Restrictive covenants or Non-Compete Provisions are said to be obligations where employers often incorporate post-termination obligations into an employee’s contract of employment hence an employee agrees not to do certain things after he or she leaves the company. They usually designed to protect and safeguard the employers business and are usually enforceable only to protect unfair competitive use of both customer contacts and trade secrets.

Part 3:  Protecting Recipes / Trade Secrets / Trade Dress

a). Can recipes be legally protected from being copied? All the written form of recipes can be legally protected from being copied by use of copyright law, hence these can only be done once they are recorded in some manner or way, and for instance, they can be recorded on tape or else written down.

b) Trade secrets and how they can be protected:

information, including a formula, pattern, compilation, program, device, methods, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons

 

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Flat Taxation

Claim of Fact essay on why a flat tax system is better for the economy

Flat Taxation

A flat tax system is a tax system that charges a constant tax rate to all income above the personal allowance. This system ensures that above a certain level, everyone remits an equal proportion of their total earnings in spite of how much it is. It discards the deductions theory and ensures that high income individuals are taxed accordingly. This tax system differs greatly from the conventional progressive tax system since similar rates are employed across all income categories instead of being conformed to different income classes.

Although a couple of economists have argued otherwise, the flat tax system no doubt delivers some undisputed benefits both long term and short term to the economy of the country of state applying it.

Unlike the progressive tax system which imposes hefty taxes in interest incomes, capital gain and dividends, flat tax systems encourage saving over consumption since their income is taxed only once at a flat rate. This aspect promotes a savings and investments culture in the community which in turn creates an indirect effect of public expenditure to boost the country’s key economic industries such as the service industry, housing market and automobile industry. A flat tax system also motivates individuals to work hard, earn much more money, diversify and increase

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FIRESTONE TIRE SITUATION CASE

NB: –     please use diagrams like (rich pictures, system map.cause effect diagram) plus use swot analysis..

–          read the course of the open university,bloc1 and bloc2

 

–          read the t306a books then answer.

References:

 

Darzentas, J., Darzentas, J., & Spyrou, T. (1994), “Defining the Design “Decision Space”: rich pictures and relevant subsystems”, AMODEUS Project Document TA/WP 21.

 

Kerth, N. (2001), Project Retrospectives: A Handbook for Team Reviews, Dorset House, New York.

 

 

1. 1.      If you have a choice, would you use this SSM method or would you rather use the HSM? Explain why to senior management who hired you as a consultant. (20 marks)

 

The SSM method is usually geared towards getting to know or becoming aware of the underlying complexity. The complexity is usually depicted by ambiguous events which happen over unclear circumstances and tend to evoke emotional factors. The SSM system is therefore utilized in situations where the best outcome is not known thus it comes up with a position where the involved parties are on a consensus about what actions are feasible, acceptable and utile.

 

 

• • Soft complexity:

o Soft complexity tends to be about discovering what the issue is about. You may not

know in any calculated sense what the best answer is but you can come to some

shared perception about what is happening and what actions are acceptable, feasible

and useful.

o In soft complexity, the description of events is ambiguous – unclear as it involves

emotional factors.

Example for soft complexity in messes is the personal problems; where high emotional

involvement exists (e.g. divorce, career choices

 

Description Promote innovation in a team environment Support and guide colleages .

How the team works.

1.Model behavior that support innovation

2.Seek external stimuli and ideas to feed to team activities

3. Pro-actively share information , knowledge and experience with other team members

4.Chalange and test ideas within the team in a positive and collaborative way

5.Pro -acticvely discuss and explore ideas with other team members on an ongoing basis

Reference, Cole ,K (2010) Management

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b.   What additional information does the company provide in its footnotes about the compensation

plans? (Be brief)

 

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part two

It is pertinent to close Nice 2 since according to the operating profits obtained in all the case scenarios, they are by far better in relation to when both Nice 1 and Nice 2 are operational. That is,

Scenario	Operating profit  (000€)	Total (000€)
Nice 1	75
Nice 2	34	109
Nice 1 without renovations	163	163
Nice 1 with renovations year 2010	205.5	205.5
Nice 1 with renovations year 2011-2014	249	249

 

 

It is important to further note that Nice 2 was recently acquired and thus it still experiencing “teething problems” that may include getting a loyal clientele. Given a chance, Nice 2 may over time attain a better operating profit of more than € 75,00 which is Nice 1s’ considering it has been around for 20 years whereas Nice 2 was just recently acquired and attained an operating profit of € 34,000!

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As energy prices increase the demand for Manufacturing will decrease.           

Energy is the underpinning of all modern society, as our economy and society would grind to a halt without gasoline, electricity, and other similar forms of energy.  Since energy plays such an important role in the nation’s economic health, it’s such an essential that despite its scarcity and high demand, we all have to use for our mere survival too and thus indispensable. These amongst other reasons make energy have an inelastic or relatively inelastic price, elasticity of demand (measure used in economics to show the responsiveness, of the quantity demanded of a good or service to a change in its price). For instance, the price elasticity of demand of oil is -0.4 and that of car fuel is -0.25 in the short run and -0.64 in the long run.

Bearing this in mind, energy being a vital input in manufacturing is that quite challenging to manage especially in the wake of increasing energy prices. For instance, in the fourth quarter of the 2008 USA fiscal year—when the cost of energy was quite high ($147.30 for a barrel of oil)—the manufacturers had a tough time in balancing production and profitability. For instance, the investment in industrial equipment further declined to -0.19 from -0.12 in the third quarter. It is also in this period that unemployment hit a high of 6.1 percent. This arose as manufacturers tried to cut down on costs of production thereby laying off workers and producing less as compared to other periods as they tried to cover up for the increased cost of energy.

Also during this time, some industries had to close down due to their unprofitability –an aftermath of increased energy prices. In the long run, there is low demand and low supply of output since manufacturers increase their products prices as the consumers lack money (due to unemployment) to purchase at the prevailing market prices. This leads to a decline in the demand for manufacturing.

 

“WASHINGTON (AP) — Two important economic reports delivered bad news about unemployment and wholesale prices.

 

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Introduction

Advertising is a major sector in any economy; it employs millions of workers globally and accounts for 2% of the world’s economic output, according to some estimates. Advertisement campaigns, both by large or smaller business aim at feeding the consumers with selective product information which they hope to generate essential income for them.

The social aspect of this e-advertising is combined with technological developments such as wireless communications, decrease in hardware costs and  the emergence of mobile phone data services to offer greater rewards like the power to target advertisements particular individuals, lower distribution costs and precise modalities to measure ad reception. This has been one of the most effective tools that have triggered major changes in a lot of today’s effective advertising aspects (Andrew 2002).

Problem Statement

At the moment the advertising industry is dealing with a restructuring crisis after the global recession deeply affected the ad spending. Simultaneously, the industry is facing longer-term challenges as users move away from traditional media towards the digital realm of websites, gaming networks, cell phones and mobile e-readers.

Objectives

The main objective of this paper is to research and analyze on the emerging trend of E-advertisement and its effects towards Kuala Lumpur Infrastructure University College (KLIUC)

Specific Objectives

• To research on advertising and advertisement means and its basic purpose and how it links to e-advertising.

 

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Case Analysis

The Coca-Cola Company

The Coca-Cola Company is a beverage retailer, manufacturer and marketer of non-alcoholic beverage concentrates and syrups. It’s widely recognized and best known for its main flagship product Coca-Cola which was invented by pharmacist John Stith Pemberton in 1886.

Paradigm shifts:

A proliferation of management paradigms is occurring, defining paradigms as a means of understanding the world and a basis for informing action, thus a paradigm is a systematic set of ideas and values, methods and problem fields, as well as standard solutions, that explain the world and inform action.(According to Thomas Clarke and Stewart Cleggare).

Understanding the Paradigm Shift of the Coca-Cola Company:

The New Face of Bias in the Workplace: – It is unthinkable that a global company like Coke could be guilty of discrimination against its minority employees, however, a new paradigm exists for discrimination and bias in the workplace.  As demonstrated by Joel Author Barker, in his 1989 video (The Business of Paradigms), “When a paradigm shifts, everyone goes back to zero. It doesn’t matter how big your market share is or how strong your reputation, or how good you are at the old paradigm.  With the new one, you go back to zero. Along the way the company has learned valuable lessons about bias in the workplace and has proved to be an even better place to work for all employees.

Article summaries

The Summary of “Developing countries are competing on creativity as well as cost. That will change business everywhere”

 “Developing countries are competing on creativity as well as cost. That will change business everywhere” the Economist. Apr 15th 2010

This article that appeared in the Economist early last year depicts of a paradigm shift from a world market dictated by the western more developed countries to a world economy chiefly dependent on the emerging markets to propel growth. It explains how the BRICS (Brazil, Russia, India, China and now South Africa) have exploited the concepts of “lean manufacturing”, cheap skilled labour, breakthrough technology and innovation to produce low cost products that were once a prerogative of the developed world for their people.

The article begins by an annotation that almost three decades ago a major transformation happened in the automobile’s manufacturing industry; Japan overtook America as the world’s biggest car producer. This was unthinkable for the Detroit bosses in America and it necessitated a visit to Japan. To their disbelief, they witnessed a country that had transformed its entire economy into a hotbed of business innovation through “lean manufacturing”. This event marked the beginning of a revolution that took over in almost all factories globally, the same revolution that is now spreading fast into the developing world thus creating a shift in the world’s centre of economic gravity towards the emerging markets.

China for instance has sustained an annual growth of more than 10% for the past five years while India has its figures at 8%. This sudden growth has been instigated by the self belief and discontentment of these two nations as the sources of cheap skilled labour. Contrary to that, they have taken up the challenge to the west on innovation and product redesigning of everything. These redesigning is geared at reducing the cost of production thus producing cheaper commodities faster than their rival western corporations. This continuing trend is slowly snatching the economic leadership mantle from rich world even as more western multinationals like IBM and Ericsson try to take advantage and also invest in these emerging markets to create an edge over their now biggest competitors such as HUAWEI.

The Summary of Gary Rivlin’s “The problem with Microsoft…”

Gary R. (2010). “The problem with Microsoft…” Fortune Magazine March 29, 2011.

In this article, Gary Rivlin depicts Microsoft’s current CEO Steve Ballmer as an egocentric leader who is unquestionable and utterly disrespectful to his support and innovation staff. Ballmer’s many dismissals and discontinuations of key creative products by the company’s innovative team has continued to hurt its software industry dominance while other tech company’s like Apple and Google continue to develop successful products that mesmerize their consumers.

The writer begins by telling the rather unfortunate incidence of Courier, a project Microsoft’s entertainment and devices division was developing to catapult Microsoft into the mobile devices field that is very lucrative at the moment and which has completely dodged the corporation. Steve Ballmer eventually discontinued that project in its later stages terming it unnecessary due to its heavy borrowing from “windows”,   Microsoft’s vaunted computer operating systems.

This action is viewed as an act of improvidence by the top management even as they continued to get a lot of major cycles wrong such as the emergence of the mobile phone as the new age PC. Furthermore some of Microsoft’s products such as The MP3 player, the Zune, Bing: Microsoft’s revamped search engine, the Xbox gaming system and acquired mobile-technology company Danger were really coming down with negative user reviews.

All this has been blamed on Ballmer himself and his deep pride that causes him to dismiss excellent consumer-oriented ideas. It is a no br

The Summary of Howard Schultz’s “How Starbucks Got Its Mojo Back”

Schultz H. (2011). “How Starbucks Got its Mojo Back” The Newsweek, March 13, 2011

This article is written as a narration by the current Chairman and CEO of Starbucks chain of coffee shops, Howard Schultz’s. It contains a dramatic account of the series of events making up the story of “Starbucks”. The company grows remarkably in its first years of business until He moved out of the CEO’s office and it came crumbling to its knees. He later moved back into office and things started looking up again.

The CEO records that he was first involved in the coffee business back in 1982 as the head of marketing of Starbucks then a small coffee company operating four stores. He later came to develop a strong passion for offering an excellent customer experience in their coffee houses while attending a business trip in Italy. His bosses differed with his ideas and thus he resigned and become one of Starbuck’s major competitors.

In 1987 with the help of a few investors, he bought off Starbucks, merged them with his own stores and kept the name Starbucks Coffee Company. The business g

The Summary of Jessi Hempel’s. “IBM’s Sam Palmisano: A super second act”

Jessi H. (2011). “IBM’s Sam Palmisano: A super second act” Fortune, March 4, 2011

The article tells of the tale of IBM’s CEO Sam Palmisano involvement in the company’s transformation from a just revitalized venture to the envy of the entire tech world and a darling of investors. It concentrates on his early life, education, family and career developments that helped IBM get back on its place in the information technology realm through constant innovation, intrapreneurship and strategic planning.

International Business Machines (IBM) was among the pioneer companies to venture in the technology and information industry in America. On the boost of its successful huge and powerful mainframe market share, IBM went ahead to become the leading computer maker globally back in the 1960’s and 1970’s. However in the early 1980’s personal computers and servers replaced those bulky mainframes and that signaled the beginning of IBM’s troubles since the then arrogant and bloated management failed to discern and innovate with time.

 

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Chapter 1

1) Describe three trends that have increased the need for planned change.

Declining Resources as a consequence of declining resources, many groups have organized to promote change, both legally (through lawsuits) and politically

Accountability. As public resources have dwindled, agencies have increasingly been called upon to demonstrate their effectiveness and efficiency in meeting their goals.

Expansion of Knowledge and Technology. There are greater technological abilities than ever before, and these changes have created both new opportunities and new problems.

2) Define planned change and give an example.

Planned change is any project, program or policy, new or revised, intended to produce a change in some specific problem. Example: A parolee shoots and kills a police officer after a routine traffic stop. Intensive scrutiny and revision of state parole policies immediately follows.

3) Define unplanned change and give an example.

Unplanned change means that little explicit or proactive planning has taken place at all e.g. it often comes about as a reaction to a crisis. Example a dramatic incident published by media

4) Define and describe an example of each of the following:  policy, program and project.

A policy is set of rules or guidelines of how to make a decision. For example; police officers are required to read Miranda warnings to people they have arrested.

Program is a set of services aimed at achieving specific goals and objectives. For example; boot camp correctional program.

A Project is a time limited set of services. For example; evaluating a community correction program

 

5) Why are collaborative strategies of change preferable to conflict strategies? Explain.

Collaborative strategies seek involvement from all parties concerned while Conflict strategies are more likely to come into play where opposing parties have a strong history of disagreement;

6) Briefly describe the first six stages of planned change. What are the major questions we need to ask at each stage?

Stage 1Analyzing the Problem. Question; who are the relevant stakeholders?

Stage 2 Setting Goals and Objectives. Question; where do values conflict?

Stage 3Designing the Program or Policy. Question; who is it to be served or changed?

Stage 4 Developing an Action Plan, Question; how much funding is needed?

Stage 5 Developing a Plan the Monitoring Program and Policy Implementation. Question; is the target population being reached?

Stage 6 Developing a Plan for Evaluating the Outcomes. Question; did the program or policy achieve intended objective?

7) How did the 1968 President’s Commission Report influence thinking about criminal justice planning?

 

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MEMO

TO:                  All employees; Victoria Media

FROM:            Brandon Rammrath, President B.R

DATE:            April 18 2011

SUBJECT:      Adjustment of the Retirement Contribution Scheme

 

Due to the heightening costs of health insurance, the board of directors regrets to announce a decision to reduce the company’s contribution to the retirement plan from the current 7% of each employee’s monthly gross pay to 4% of their gross monthly income beginning 1^st January 2012.

However, the new Retirement Contribution Plan allows willing employees to successively raise their monthly contribution from the usual 7% up to 11% of their monthly pay to compensate for the 3 % reduction of the company’s contribution.

The Health insurance program generally remains unchanged for the concerned parties, even as the costs to the company continue to soar.

 

Thanks