Think of a product you recently purchased and review your decision process. Why did you need or want that product? How did the product’s marketing influence your purchase decision? How did you investigate the product before making your purchase decision? Did you experience cognitive dissonance after your decision?

Think of a product you recently purchased and review your decision process. Why did you need or want that product? How did the product’s marketing influence your purchase decision? How did you investigate the product before making your purchase decision? Did you experience cognitive dissonance after your decision?

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Annika Sorenstam is approaching her second career the same way she approached her fi rst. In golf, she reached the top of her sport by learning from the best, surrounding herself with a supportive team, setting ambitious goals, and working as hard as it takes to reach those goals. A central element in her business plan is the role she herself plays as the core of the “Annika” brand. As a young player in her native Sweden, she was so reluctant to step into the limelight that she would falter toward the end of tournaments to avoid winning and facing the media attention that came with it. She clearly fi xed that problem, transforming herself into a quietly con- fi dent but ferocious competitor who often left other players in the dust as she went on to win nearly 90 times worldwide. However, as she was nearing retirement from golf and ramping up her business activities, she realized that the persona she had become known for on the course didn’t lend itself to her ambitions for the Annika brand. Research by branding consultant Duane Knapp showed that people respected Sorenstam’s competitive drive but really had no sense of who she was as a person. Even her own husband says she was viewed by the public as “the stoic Swede who will step on your throat” on the way to victory and not the “humble, pretty, and hilarious” woman he knew off the course. Transforming Annika the feared competitor into Annika the warm and welcoming brand icon was a top priority. Good examples of this effort are her blog www.annikablog.com and her Twitter account http://twitter.com/#!/ANNIKA59, which give visitors the chance to know her as she lives off the course, including her love of gourmet cooking, her passion for skiing, and her role as a mother. Along with crafting an inviting brand image that more accurately reflects her true personality, Sorenstam is busy expanding the Annika product line. She continues to endorse many of the same goods and services she promoted as an active player, including Callaway Golf, Lexus, and Rolex. Other business partnerships include an Annika-branded clothing line with Cutter & Buck, Annika wine, and Annika perfume. A central element in her product portfolio is the Annika Academy, a golf instruction facility in Reunion, Florida, that offers lessons, corporate outings, golf vacations, and the opportunity to train with the same advisors and coaches who work with Sorenstam. For the ultimate golf experience, a few lucky visitors every year can buy the three-day, $12,000 “Soren-Slam” package, which includes nine holes of golf with Sorenstam herself. Following another path blazed by her golf-business mentors, Sorenstam also launched a golf course design business, with courses stretching from Turkey to China to the United States. Having had the opportunity to play some of the fi nest and most historic golf courses in the world, she combines that experience with her insights as a professional to create challenging but playable courses. Her designs also aim to right an aesthetic wrong shared by too many golf courses: The best views of both the playing area and the surrounding landscape are found on the men’s tee boxes. (Golf courses have different sets of tee boxes to refl ect the different hitting lengths of average male and female players.) On her courses, women enjoy the same quality of experience as the men. Sorenstam has had an interest in fi nance since any early age, and that passion is refl ected in yet another part of the product mix, the Annika Financial Group. This small advisory fi rm helps other professional athletes manage their money and achieve fi nancial security in their postathletic lives. With a recrafted brand image and a growing product portfolio, Sorenstam is off to a hot start in her quest to be the fi rst woman to join the exclusive club of former athletes who have truly made it big in business. Michael Jordan is “Air Jordan,” Arnold Palmer is the “The King,” Jack Nicklaus is “The Golden Bear,” and Greg Norman, another golf empire builder, is “The Shark.” Who knows—perhaps Annika is “The Avenger”?35 Question 1. Golfers who take lessons and purchase other services from the Annika Academy presumably share at least some of Sorenstam’s passion for winning. Would toning down the competitive aspect of Sorenstam’s public persona negatively affect the Annika brand in the eyes of Academy customers? Explain your answer. 2. Sorenstam’s charitable efforts include the Annika Foundation, which you can read about on her website. How does her work with the Make-A-Wish Foundation and other activities contribute to her brand equity? 3. Explain how the brand extension efforts in wine, perfume, and fi nancial advice can reasonably fi t under the umbrella of the Annika brand.

Annika Sorenstam is approaching her second career the same way she approached her fi rst. In golf, she reached the top of her sport by learning from the best, surrounding herself with a supportive team, setting ambitious goals, and working as hard as it takes to reach those goals. A central element in her business plan is the role she herself plays as the core of the “Annika” brand. As a young player in her native Sweden, she was so reluctant to step into the limelight that she would falter toward the end of tournaments to avoid winning and facing the media attention that came with it. She clearly fi xed that problem, transforming herself into a quietly con- fi dent but ferocious competitor who often left other players in the dust as she went on to win nearly 90 times worldwide. However, as she was nearing retirement from golf and ramping up her business activities, she realized that the persona she had become known for on the course didn’t lend itself to her ambitions for the Annika brand. Research by branding consultant Duane Knapp showed that people respected Sorenstam’s competitive drive but really had no sense of who she was as a person. Even her own husband says she was viewed by the public as “the stoic Swede who will step on your throat” on the way to victory and not the “humble, pretty, and hilarious” woman he knew off the course. Transforming Annika the feared competitor into Annika the warm and welcoming brand icon was a top priority. Good examples of this effort are her blog www.annikablog.com and her Twitter account http://twitter.com/#!/ANNIKA59, which give visitors the chance to know her as she lives off the course, including her love of gourmet cooking, her passion for skiing, and her role as a mother. Along with crafting an inviting brand image that more accurately reflects her true personality, Sorenstam is busy expanding the Annika product line. She continues to endorse many of the same goods and services she promoted as an active player, including Callaway Golf, Lexus, and Rolex. Other business partnerships include an Annika-branded clothing line with Cutter & Buck, Annika wine, and Annika perfume. A central element in her product portfolio is the Annika Academy, a golf instruction facility in Reunion, Florida, that offers lessons, corporate outings, golf vacations, and the opportunity to train with the same advisors and coaches who work with Sorenstam. For the ultimate golf experience, a few lucky visitors every year can buy the three-day, $12,000 “Soren-Slam” package, which includes nine holes of golf with Sorenstam herself. Following another path blazed by her golf-business mentors, Sorenstam also launched a golf course design business, with courses stretching from Turkey to China to the United States. Having had the opportunity to play some of the fi nest and most historic golf courses in the world, she combines that experience with her insights as a professional to create challenging but playable courses. Her designs also aim to right an aesthetic wrong shared by too many golf courses: The best views of both the playing area and the surrounding landscape are found on the men’s tee boxes. (Golf courses have different sets of tee boxes to refl ect the different hitting lengths of average male and female players.) On her courses, women enjoy the same quality of experience as the men. Sorenstam has had an interest in fi nance since any early age, and that passion is refl ected in yet another part of the product mix, the Annika Financial Group. This small advisory fi rm helps other professional athletes manage their money and achieve fi nancial security in their postathletic lives. With a recrafted brand image and a growing product portfolio, Sorenstam is off to a hot start in her quest to be the fi rst woman to join the exclusive club of former athletes who have truly made it big in business. Michael Jordan is “Air Jordan,” Arnold Palmer is the “The King,” Jack Nicklaus is “The Golden Bear,” and Greg Norman, another golf empire builder, is “The Shark.” Who knows—perhaps Annika is “The Avenger”?35

Question

1. Golfers who take lessons and purchase other services from the Annika Academy presumably share at least some of Sorenstam’s passion for winning. Would toning down the competitive aspect of Sorenstam’s public persona negatively affect the Annika brand in the eyes of Academy customers? Explain your answer.

2. Sorenstam’s charitable efforts include the Annika Foundation, which you can read about on her website. How does her work with the Make-A-Wish Foundation and other activities contribute to her brand equity?

3. Explain how the brand extension efforts in wine, perfume, and fi nancial advice can reasonably fi t under the umbrella of the Annika brand.

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Ethical Considerations. If your college neighborhood is typical, many companies in the area adorn themselves in your school colors and otherwise seek to identify their names with your school name and thereby encourage business from students. Some of these firms probably have brand licensing agreements with your college or are involved in sponsoring various groups on campus. However, chances are some of them are using school colors and other branding elements without having any formal arrangement with the college. In other words, they may be getting commercial benefit from the association without paying for it. 36 Is this ethical? Why or why not?

Ethical Considerations. If your college neighborhood is typical, many companies in the area adorn themselves in your school colors and otherwise seek to identify their names with your school name and thereby encourage business from students. Some of these firms probably have brand licensing agreements with your college or are involved in sponsoring various groups on campus. However, chances are some of them are using school colors and other branding elements without having any formal arrangement with the college. In other words, they may be getting commercial benefit from the association without paying for it. 36 Is this ethical? Why or why not?

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Concept Integration. Review the discussion of cultural differences in international business in. Which cultural differences do you think Disney had to consider when planning its product strategies for Disneyland Paris? Originally the company offered a standardized product but was later forced to customize many of the park’s operations. What might have been some of the cultural challenges Disney experienced under a standardized product strategy?

Concept Integration. Review the discussion of cultural differences in international business in. Which cultural differences do you think Disney had to consider when planning its product strategies for Disneyland Paris? Originally the company offered a standardized product but was later forced to customize many of the park’s operations. What might have been some of the cultural challenges Disney experienced under a standardized product strategy?

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NORTHCENTRAL UNIVERSITY ASSIGNMENT COVER SHEET Student: Jarrett E. Walton THIS FORM MUST BE COMPLETELY FILLED IN Follow these procedures: If requested by your instructor, please include an assignment cover sheet. This will become the first page of your assignment. In addition, your assignment header should include your last name, first initial, course code, dash, and assignment number. This should be left justified, with the page number right justified. For example: DoeJXXX0000-1 1 Save a copy of your assignments: You may need to re-submit an assignment at your instructor’s request. Make sure you save your files in accessible location. Academic integrity: All work submitted in each course must be your own original work. This includes all assignments, exams, term papers, and other projects required by your instructor. Knowingly submitting another person’s work as your own, without properly citing the source of the work, is considered plagiarism. This will result in an unsatisfactory grade for the work submitted or for the entire course. It may also result in academic dismissal from the University. MGT7027 Dr. Davis Legal Implications in Management Assignment #5 Hello, Dr. Davis. Attached you will find Assignment #5 Please include the yellow faculty box as a part of the Assignment Cover sheet. It was a pleasure speaking with you on the telephone. As I stated during the call, it is clear that you read and researched the assigned case; however, this paper does not comply with APA formatting guidelines in the body of the paper and on the reference list. Here are my comments to help you write an even stronger paper: Formatting/Citations • Whenever you provide information that is not in common knowledge insert a citation. The citation allows the reader the opportunity to refer to the reference list and retrieve the document. • Citations also add validity to the paper. Even though the focus of this assignment was on an assigned case, you must include citations. • Please do not include a list of citations in the body of the paper. You provided a list of cases but did not indicate to which portion of the paper it applies. Did you actually read these cases? If so, please insert the citation for the cases in the section of the paper to which it relates. • For every citation on the reference list, there must be a corresponding citation in the body of the paper. Content • It is important to point out the reason the corporation wanted to remove the case from state court to federal court. There is a presumption of immunity under the FSIA for foreign states. • Please see the following article, Tiering and the Foreign Sovereign Immunities Acts after Dole, written by the New York Bar Association on the topic of this case: http://www.nycbar.org/pdf/report/1_CQH01.pdf The article provides important insights into this case which should be helpful. • The farm workers at Dole initiated this law suit because of alleged injury from chemicals. What responsibility does the company have? What responsibility do the workers have? • Please include a conclusion paragraph which summarizes the content of the paper. Please see additional comments in the margin of the paper. Please resubmit this paper by 8/30. Let me know if you have any questions. Jo Davis 8/28/14 Evaluate Antitrust and Legal Rights in a Business Context Jarrett E. Walton Legal Implications in Management Northcentral University August 24, 2014 Dr. Davis Dole Food Co. v. Patrickson 538 U.S. 468 (2003) Facts: Patrickson, the plaintiff, and a group of farm workers who were similarly situated and came from Costa Rica, Ecuador, Guatemala, and Panama, filed a suit against Dole Food Company, (referred to hereinafter as Dole, or defendant) seeking relief for injuries that they alleged were caused by pesticides that the company Dole used when growing produce in their home countries. Dole asserted that two other corporations should be involved: Dead Sea Bromine Co., Ltd., and Bromine Compounds, Ltd. (hereinafter referred to as the Dead Sea Companies or defendants). The plaintiffs filed suit in Hawaii in state court. The defendants requested the case be moved to federal court based on 28 U.S.C. § 1441(d). 28 U.S.C. § 1441(d) governs removal actions against foreign States and provides that: any civil action brought in a state court against a foreign State as defined [under § 1603(a) of the Foreign State Immunities Act (FSIA)] may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending 28 U.S.C. § 1441(d ). Section 1603(a) of the FSIA defines foreign state to include an “agency or instrumentality of a foreign state.” Additionally, “agency or instrumentality of a foreign State ” is defined as any entity which is a separate legal entity (person or corporation). It includes divisions of foreign states, including political subdivisions of those nations. It can also include a group of minority owners of shares or other ownership interest of a company owned by a foreign nation or political subdivision of that nation, provided the entity is not a citizen of the US or the company is not registered (or created) in a third party nation. While Dole met this qualification (because it is headquartered and registered in the US), the Dead Sea Companies were instrumentalities of the State of Israel. Thus, they argued, they were entitled to foreign immunity and that their portion of the case was more appropriately filed in Israel. Issue: The issue is whether the Foreign States Immunity Act (FSIA) requires that a foreign state own a majority of the shares of a corporation if the corporation is to be deemed an instrumentality of the State. A second issue is whether instrumentality status is determined at the time of filing a complaint or later in the process. Decision of the Court: The court of appeals held that the Dead Sea Companies were a subsidiary of an instrumentality (Dole), and were not themselves entitled to instrumentality status. The United States Supreme Court granted certiorari. How do you know this? Citations, please. Reasoning of the Court: Justice Kennedy, in the decision for the majority, stated that the Dead Sea Companies are not entitled to instrumentality status under the FSIA. This is because the nation of Israel, who Dead Sea Companies is claiming as a foreign owner, does not own a majority of the Dead Sea Company shares. In order to be an instrumentality of the state, the FSIA requires that a foreign state own a majority shares of the corporation. Citations? In addition, it states that instrumentality is determined when the complaint is filed. The FSIA requires that a foreign State own a majority of the shares of a corporation if the corporation is to be deemed an instrumentality of the State, and instrumentality status is determined at the time of filing a complaint. Under American corporate law, just because one owns shares in a parent company does not automatically entitle the shareholder to ownership interest in subsidiary companies the parent owns. A corporation and the shareholder(s) cannot be treated as one entity just because the shareholder owns shares. This law applies regardless of whether or not the shareholder is a foreign state. Citations? Israel also owned shares in Dole. As a parent company, Dole had ownership interest in Dead Sea Companies as well as its subsidiaries. However, the state of Israel did not own majority shares at any point. The Dead Sea Companies were absolutely subsidiaries of Dole, and thus were not instrumentalities of a foreign state the way the FSIA defines as necessary. A second issue is that instrumentality has to be determined when the suit is filed, not at a later point. Thus, at issue is the relevant time period surrounding the filing. At the time that Patrickson filed the suit, the Dead Sea Companies were a subsidiary and not an instrumentality of Israel. Thus, since Israel does not own majority shares, the companies are not an instrumentality. As a result the Court affirmed the appeals decision. Citations to support judgment: First Nat. City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 625 (1983) a corporation and shareholders are separate entities); Keene Corp. v. United States, 508 U. S. 200, 207 (1993) – jurisdiction depends on the state of the organization at the time of filing Woods v. Interstate Realty Co., 337 U. S. 535, 537 (1949).; instrumentality depends on situation at time of suit filing Rule of Law: FSIA requires that in a company is to be deemed an instrumentality of a state, that the State must hold a majority of the shares. Further, instrumentality is determined at time of filing of the complaint. How do you know this? Dissent: Justice Breyer joined by Justice O’Connor dissented in part, stating that the phrase “other ownership interest” when owned by a foreign state would indeed cover the ownership of the Corporate Parent as long as they owned shares of the subsidiary. He states that decisions on incorporation and how it is done are not substantial; they are merely matters of form. They are still protected by the SFIA. He states that “the risk of adverse foreign policy consequences is no less great” ( as cited in Miller & Jentz, 2007, p. 1132) whether the company is wholly owned by the foreign entity, partially, or minority owned. Indeed, as Dead Sea Companies argued, Israel did seem to hold a lot of control over the company’s actions. Regardless, however, Kennedy stated that control cannot be substituted for instrumentality. Discussion: 1.) The corporations’ instrumentality status is defined as of the time of the filing of the complaint. Thus, the instrumentality is defined either at the time of the alleged tort nor at the time the company is founded. Rather, it is determined as of the time of the filing of the compliant (De Jonge, 2011, p. 113 ). 2.) Shared responsibilities of corporations and employees are essentially an economic theory that developed as a way to ensure that the source of deeper pockets is the one that is ultimately responsible for paying them. Prosser, (in Parlee, 1984, p. 30 ) point out that: The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business. They are placed upon the employer because…he is better able to absorb them, and to distribute them, through prices, rates or liability insurance, to the public, and so shift them to society, to the community at large. Citation? This seems to suggest that it is a well understood concept that the employee can misbehave, the corporation (which has more money) will be forced to pay out, but the costs will be redistributed back to the community . This applies only to compensatory damages, and Parlee (1984 ) pointed out that the concept of vicarious liability is actually the opposite of what the entire legal system has generally accepted as fault principles. As Holmes (in Parlee, 1984, p. 31) pointed out, “commonsense is opposed to making one man pay for another man’s wrong, unless he actually has brought the wrong to pass according to the ordinary canons of legal responsibility .” The scope of employment rule, however, allows that a principal who is vicariously liable for compensatory damages may be liable for punitive damages, assuming the individual acted within the scope of agency at the time the incident occurred. This would apply in Dole v. Patrickson (year) regarding the subsidiaries. However, in this particular case it is important to note that the Court did not hear the issues relating to liability; they only heard issues relating to the proper location for hearing the case. However, in order to avoid this type of problem in the future, it would be beneficial to the companies to establish venues and jurisdiction of any potential court actions in the future, i.e., to specify in ownership, partnership, or contract papers what the venture will be in the event of a problem. In this way, any issues associate with proper setting for legal action will be settled in advance . 3.) The Supreme Court held that the Court of Appeals was correct when they held that the Dead Sea Companies were a subsidiary of an instrumentality (Dole), and were not themselves entitled to instrumentality status. Thus the matter was referred to Hawaii for hearing. 4.) The case itself did little to determine who was responsible for what, in terms of the chemicals. However, the case was extremely important in terms of establishing what was, and what was not, an instrumentality. The Court established that a company could be an instrumentality only if it were a direct subsidiary of majority stockholder interest owned by a foreign state or subdivision. It was not enough to be a subsidiary of a subsidiary; the company had to be owned in majority by the foreign state or subdivision. Breyer’s dissent held open the possibility that this issue would be discussed in later Courts. Where is the conclusion paragraph which provides a brief summary of the content of the paper? References 28 U.S.C. § 1441(d). Retrieved from http://www.harp.org/1441.htm. 28 U.S. Code § 1603 (a-d). Retrieved from http://www.law.cornell.edu/uscode/text/28/1603. De Jonge, A. (2011) Transnational corporations and international law: Accountability in the global business environment. Cheltenham, UK: Edward Elgar. First Nat. City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 625 (1983) Keene Corp. v. United States, 508 U. S. 200, 207 (1993). Miller, R. & Jentz, G. (2007) Business law today. Mason OH: Southwest Cenage. Parlee, R. S. (1984). Vicarious liability for punitive damages: Suggested changes in the law through policy analysis. Marq. L. Rev., 68, 27. West, G. D., & Smeltzer, N. A. (2011). Protecting the integrity of the entity-specific contract: The no recourse against others clause-missing or ineffective boilerplate.

NORTHCENTRAL UNIVERSITY
ASSIGNMENT COVER SHEET

Student:  Jarrett E. Walton						




THIS FORM MUST BE COMPLETELY FILLED IN
Follow these procedures:  If requested by your instructor, please include an assignment cover sheet. This will become the first page of your assignment. In addition, your assignment header should include your last name, first initial, course code, dash, and assignment number. This should be left justified, with the page number right justified. For example:
DoeJXXX0000-1                                                                          1

Save a copy of your assignments: You may need to re-submit an assignment at your instructor’s request. Make sure you save your files in accessible location. 
Academic integrity: All work submitted in each course must be your own original work. This includes all assignments, exams, term papers, and other projects required by your instructor. Knowingly submitting another person’s work as your own, without properly citing the source of the work, is considered plagiarism. This will result in an unsatisfactory grade for the work submitted or for the entire course. It may also result in academic dismissal from the University.





	
MGT7027	Dr. Davis
	
Legal Implications in Management	Assignment #5
	

Hello, Dr. Davis. Attached you will find Assignment #5

Please include the yellow faculty box as a part of the Assignment Cover sheet. 

It was a pleasure speaking with you on the telephone.  As I stated during the call, it is clear that you read and researched the assigned case; however, this paper does not comply with APA formatting guidelines in the body of the paper and on the reference list.    Here are my comments to help you write an even stronger paper:
				Formatting/Citations
•	Whenever you provide information that is not in common knowledge insert a citation.  The citation allows the reader the opportunity to refer to the reference list and retrieve the document.  
•	Citations also add validity to the paper.  Even though the focus of this assignment was on an assigned case, you must include citations.  
•	Please do not include a list of citations in the body of the paper.  You provided a list of cases but did not indicate to which portion of the paper it applies.  Did you actually read these cases?  If so, please insert the citation for the cases in the section of the paper to which it relates.  
•	For every citation on the reference list, there must be a corresponding citation in the body of the paper.  
					Content
•	It is important to point out the reason the corporation wanted to remove the case from state court to federal court.  There is a presumption of immunity under the FSIA for foreign states.  
•	Please see the following article, Tiering and the Foreign Sovereign Immunities Acts after Dole,  written by the New York Bar Association on the topic of this case: http://www.nycbar.org/pdf/report/1_CQH01.pdf    The article provides important insights into this case which should be helpful.  
•	The  farm workers at Dole initiated this law suit because of alleged injury from chemicals.  What responsibility does the company have?  What responsibility do the workers have?  
•	Please include a conclusion paragraph which summarizes the content of the paper.  

Please see additional comments in the margin of the paper.   Please resubmit this paper by 8/30.  Let me know if you have any questions.
Jo Davis		8/28/14



Evaluate Antitrust and Legal Rights in a Business Context
Jarrett E. Walton
Legal Implications in Management
Northcentral University
August 24, 2014
Dr. Davis














Dole Food Co. v. Patrickson
538 U.S. 468 (2003)
Facts:
	Patrickson, the plaintiff, and a group of farm workers who were similarly situated and came from Costa Rica, Ecuador, Guatemala, and Panama, filed a suit against Dole Food Company, (referred to hereinafter as Dole, or defendant) seeking relief for injuries that they alleged were caused by pesticides that the company Dole used when growing produce in their home countries. Dole asserted that two other corporations should be involved:  Dead Sea Bromine Co., Ltd., and Bromine Compounds, Ltd. (hereinafter referred to as the Dead Sea Companies or defendants). The plaintiffs filed suit in Hawaii in state court. The defendants requested the case be moved to federal court based on 28 U.S.C. § 1441(d). 28 U.S.C. § 1441(d) governs removal actions  against foreign States and provides that:
any civil action brought in a state court against a foreign State as defined [under § 1603(a) of the Foreign State Immunities Act (FSIA)] may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending 28 U.S.C. § 1441(d ).
	Section 1603(a) of the FSIA defines foreign state to include an “agency or instrumentality of a foreign state.” Additionally, “agency or instrumentality of a foreign State ” is defined as any entity which is a separate legal entity (person or corporation).  It includes divisions of foreign states, including political subdivisions of those nations. It can also include a group of minority owners of shares or other ownership interest of a company owned by a foreign nation or political subdivision of that nation, provided the entity is not a citizen of the US or the company is not registered (or created) in a third party nation. While Dole met this qualification (because it is headquartered and registered in the US), the Dead Sea Companies were instrumentalities of the State of Israel. Thus, they argued, they were entitled to foreign immunity and that their portion of the case was more appropriately filed in Israel. 
Issue:
	The issue is whether the Foreign States Immunity Act (FSIA) requires that a foreign state own a majority of the shares of a corporation if the corporation is to be deemed an instrumentality of the State. A second issue is whether instrumentality status is determined at the time of filing a complaint or later in the process.
Decision of the Court:
	The court of appeals held that the Dead Sea Companies were a subsidiary of an instrumentality (Dole), and were not themselves entitled to instrumentality status. The United States Supreme Court granted certiorari. How do you know this?  Citations, please.
Reasoning of the Court:
	Justice Kennedy, in the decision for the majority, stated that the Dead Sea Companies are not entitled to instrumentality status under the FSIA. This is because the nation of Israel, who Dead Sea Companies is claiming as a foreign owner, does not own a majority of the Dead Sea Company shares. In order to be an instrumentality of the state, the FSIA requires that a foreign state own a majority shares of the corporation.  Citations?
	In addition, it  states that instrumentality is determined when the complaint is filed.  The FSIA requires that a foreign State own a majority of the shares of a corporation if the corporation is to be deemed an instrumentality of the State, and instrumentality status is determined at the time of filing a complaint. Under American corporate law, just because one owns shares in a parent company does not automatically entitle the shareholder to ownership interest in subsidiary companies the parent owns. A corporation and the shareholder(s) cannot be treated as one entity just because the shareholder owns shares. This law applies regardless of whether or not the shareholder is a foreign state.  Citations?
	Israel also owned shares in Dole. As a parent company, Dole had ownership interest in Dead Sea Companies as well as its subsidiaries. However, the state of Israel did not own majority shares at any point. The Dead Sea Companies were absolutely subsidiaries of Dole, and thus were not instrumentalities of a foreign state the way the FSIA defines as necessary. A second issue is that instrumentality has to be determined when the suit is filed, not at a later point. Thus, at issue is the relevant time period surrounding the filing. At the time that Patrickson filed the suit, the Dead Sea Companies were a subsidiary and not an instrumentality of Israel. Thus, since Israel does not own majority shares, the companies are not an instrumentality. As a result the Court affirmed the appeals decision. 
Citations to support judgment:
	First Nat. City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 625 (1983) a corporation and shareholders are separate entities); 
	Keene Corp. v. United States, 508 U. S. 200, 207 (1993)  – jurisdiction depends on the state of the organization at the time of filing
	Woods v. Interstate Realty Co., 337 U. S. 535, 537 (1949).; instrumentality depends on situation at time of suit filing
 Rule of Law:
	FSIA requires that in a company is to be deemed an instrumentality of a state, that the State must hold a majority of the shares. Further, instrumentality is determined at time of filing of the complaint. How do you know this?
Dissent:
	Justice Breyer  joined by Justice O’Connor dissented in part, stating that the phrase “other ownership interest” when owned by a foreign state would indeed cover the ownership of the Corporate Parent as long as they owned shares of the subsidiary. He states that decisions on incorporation and how it is done are not substantial; they are merely matters of form. They are still protected by the SFIA. He states that “the risk of adverse foreign policy consequences is no less great” ( as cited  in Miller & Jentz, 2007, p. 1132) whether the company is wholly owned by the foreign entity, partially, or minority owned. Indeed, as Dead Sea Companies argued, Israel did seem to hold a lot of control over the company’s actions. Regardless, however, Kennedy stated that control cannot be substituted for instrumentality. 
Discussion:
	1.) The corporations’ instrumentality status is defined as of the time of the filing of the complaint. Thus, the instrumentality is defined either at the time of the alleged tort nor at the time the company is founded. Rather, it is determined as of the time of the filing of the compliant (De Jonge, 2011, p. 113 ). 
	2.) Shared responsibilities of corporations and employees are essentially an economic theory that developed as a way to ensure that the source of deeper pockets is the one that is ultimately responsible for paying them. Prosser, (in Parlee, 1984, p. 30 ) point out that: 
 The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business. They are placed upon the employer because...he is better able to absorb them, and to distribute them, through prices, rates or liability insurance, to the public, and so shift them to society, to the community at large. Citation?
	This seems to suggest that it is a well understood concept that the employee can misbehave, the corporation (which has more money) will be forced to pay out, but the costs will be redistributed back to the community . This applies only to compensatory damages, and Parlee (1984 ) pointed out that the concept of vicarious liability is actually the opposite of what the entire legal system has generally accepted as fault principles. As Holmes (in Parlee, 1984, p. 31) pointed out, “commonsense is opposed to making one man pay for another man’s wrong, unless he actually has brought the wrong to pass according to the ordinary canons of legal responsibility .” 
	The scope of employment rule, however, allows that a principal who is vicariously liable for compensatory damages may be liable for punitive damages, assuming the individual acted within the scope of agency at the time the incident occurred. This would apply in Dole v. Patrickson (year)  regarding the subsidiaries. However, in this particular case it is important to note that the Court did not hear the issues relating to liability; they only heard issues relating to the proper location for hearing the case.  However, in order to avoid this type of problem in the future, it would be beneficial to the companies to establish venues and jurisdiction of any potential court actions  in the future, i.e., to specify in ownership, partnership, or contract papers what the venture will be in the event of a problem. In this way, any issues associate with proper setting for legal action will be settled in advance .
	3.) The Supreme Court held that the Court of Appeals was correct when they held that the Dead Sea Companies were a subsidiary of an instrumentality (Dole), and were not themselves entitled to instrumentality status. Thus the matter was referred to Hawaii for hearing.
	4.) The case itself did little to determine who was responsible for what, in terms of the chemicals. However, the case was extremely important in terms of establishing what was, and what was not, an instrumentality. The Court established that a company could be an instrumentality only if it were a direct subsidiary of majority stockholder interest owned by a foreign state or subdivision. It was not enough to be a subsidiary of a subsidiary; the company had to be owned in majority by the foreign state or subdivision. Breyer’s dissent held open the possibility that this issue would be discussed in later Courts.
Where is the conclusion paragraph which provides a brief summary of the content of the paper? 
References
28 U.S.C. § 1441(d). Retrieved from http://www.harp.org/1441.htm.
28 U.S. Code § 1603 (a-d).  Retrieved from  http://www.law.cornell.edu/uscode/text/28/1603.
De Jonge, A. (2011) Transnational corporations and international law: Accountability in the global business environment. Cheltenham, UK: Edward Elgar. 
First Nat. City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 625 (1983) 
Keene Corp. v. United States, 508 U. S. 200, 207 (1993).
Miller, R. & Jentz, G. (2007) Business law today. Mason OH: Southwest Cenage.
Parlee, R. S. (1984).  Vicarious liability for punitive damages: Suggested changes in the law through policy analysis. Marq. L. Rev., 68, 27.
West, G. D., & Smeltzer, N. A. (2011). Protecting the integrity of the entity-specific contract: The no recourse against others clause-missing or ineffective boilerplate.

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Conduct a SWOT Analysis Select an organization and describe its history, products, and major competitors in a paragraph or two. Develop a SWOT analysis detailing the strengths, weaknesses, opportunities, and threats that may affect the organization. You must submit a three-to four-page paper (excluding the title and reference pages) formatted according to APA style guidelines as outlined in the Ashford Writing Center. In addition to the textbook, you must use at least two scholarly sources. Instructions Locate a competing organization in your local market (or region) to help develop your SWOT analysis. You can find this information on the website for the US Chamber of Commerce. Your SWOT analysis should address the Questions to Ask on Rob Berman’s blog. Trane vs Carrier. please site and show all references

Conduct a SWOT Analysis


Select an organization and describe its history, products, and major competitors in a paragraph or two. Develop a SWOT analysis detailing the strengths, weaknesses, opportunities, and threats that may affect the organization.

You must submit a three-to four-page paper (excluding the title and reference pages) formatted according to APA style guidelines as outlined in the Ashford Writing Center. In addition to the textbook, you must use at least two scholarly sources.

Instructions
Locate a competing organization in your local market (or region) to help develop your SWOT analysis. You can find this information on the website for the US Chamber of Commerce. Your SWOT analysis should address the Questions to Ask on Rob Berman's blog. Trane vs Carrier. please site and show all references

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Hi, please I was wondering if you can check my work. I need help in punctuation and If you notice a big horrible mistake please let me know. Thank you !! Chapter 4 4.1 Audience Benefits and the You View YOUR TASK. Revise the following sentences to emphasize the perspective of the audience and the “you” view. a. We have prepared the enclosed form that may be used by victims to report identity theft to creditors. Because your financial security is important to us, please use the enclosed form to report identity theft b. To help us process you order with our new database software need you to go to our website and fill out the customer information required. To process your order more efficiently, please complete the customer information required in our website. c. We are now offering RapidaAssist, a software program we have developed to provide immediate technical support through our website to your employees and customers. Now a new software program can provide to your employees and customers technical support through our website. d. We find it necessary to restrict parking in the new company lot to those employee vehicles with “A” permits. All employee vehicles with “A” permits are required to relocated permanently from the new company lot to the other areas of parking e. To avoid suffering the kinds of monetary losses experienced in the past, our credit union now prohibits the cashing of double endorsed checks presented by our customers. Because our credit union cares about your welfare and your financial priorities, the credit union had the decision of no longer accepting cashing double endorsed checks. f. Our warranty goes into effect only when we have received the product’s registration card from the purchaser. When a customer decides to acquire our products, you also receive the best quality and guaranty as soon you return your product’s registration card. g. Unfortunately, the computer and telephone systems will be down Thursday afternoon when we will be installing upgrades to improve both systems. Computer and telephones systems are upgrading to improve better service to you, and Installation will be on Thursday. h. As part of our company effort to be friendly to the environment, we are asking all employees to reduce paper consumption by communicating by e-mail and avoiding printing. The company is making a special invitation to all the employees, to be friendly to the environment; by reducing paper consumption and communication by email, and avoiding as possible printing. Together our effort will make a big difference. 4.3 Positive and Courteous Expression (Obj.4) YOUR TASK. Revise the following statement to make them more positive. a. Plans for a new community center cannot go forward without full community support. Having the entire support of the community, ensure the plans for a new community center. b. We must withhold authorizing payment of your contractor’s fee because our superintendent claims your work was incomplete. To authorizing the payment of your contractor’s fee, it is required to be complete your work. c. If you do not fill in all of the blanks in the application form, we cannot issue a password. To provide you a password, please fill and complete the application form. d. It is impossible for the builder to pour the concrete footings until the soil is no longer soggy Waiting for a favorable condition in the temperature will make possible, for the builder to pour the concrete footing. e. Although you apparently failed to consult the mounting instructions for your Miracle Wheatgrass Extractor, we are enclosing a set of clamps to fasten the device to a table. A new set of instructions is enclosed. We forward to receive completed your consult soon, about the mounting instructions of wheatgrass extractor. Hence, we enclose a set of clamps to fasten the device to the table is ready, and the new set of instructions is enclosed. f. We regret to announce that the special purchase price on iPads will be available only to the first 25 buyers. You can qualify for a special purchase price on IPads if you are the first 25 buyers. 4.4 Bias-Free Language YOUR TASK. Revise the following sentences to reduce gender, racial, ethnic, age and disability bias. a. Every employee must wear his photo identification on the job. All employee will wear his or her photo identification on the job b. The conference will offer special excursion for the wives of executives. The conference will offer special excursion for the spouses of executives c. Does each salesman have his own smartphone loaded with his special sales information? Does each sales representative have his or her smartphone loaded with special sales information? d. A policeman is responsible for covering his territory. A police officer is responsible for covering his or her territory e. Serving on the panel are a lady veterinarian, an Indian CPA, two businessmen, and a female doctor. Serving on the panel are a Veterinarian, a CPA, two Business person, and a doctor.

Hi, please I was wondering if you can check my work. I need help in punctuation and If you notice a big horrible mistake please let me know. Thank you !! 

Chapter 4
4.1 Audience Benefits and the You View
YOUR TASK. Revise the following sentences to emphasize the perspective of the audience and the “you” view.
a.    We have prepared the enclosed form that may be used by victims to report identity theft to creditors.

Because your financial security is important to us, please use the enclosed form to report identity theft

b.    To help us process you order with our new database software need you to go to our website and fill out the customer information required.

To process your order more efficiently, please complete the customer information required in our website.

c.    We are now offering RapidaAssist, a software program we have developed to provide immediate technical support through our website to your employees and customers.

Now a new software program can provide to your employees and customers technical support through our website.

d.    We find it necessary to restrict parking in the new company lot to those employee vehicles with “A” permits.

All employee vehicles with “A” permits are required to relocated permanently from the new company lot to the other areas of parking

e.    To avoid suffering the kinds of monetary losses experienced in the past, our credit union now prohibits the cashing of double endorsed checks presented by our customers.

Because our credit union cares about your welfare and your financial priorities, the credit union had the decision of no longer accepting cashing double endorsed checks.

f.    Our warranty goes into effect only when we have received the product’s registration card from the purchaser.
When a customer decides to acquire our products, you also receive the best quality and guaranty as soon you return your product’s registration card.


g.    Unfortunately, the computer and telephone systems will be down Thursday afternoon when we will be installing upgrades to improve both systems. 

Computer and telephones systems are upgrading to improve better service to you, and Installation will be on Thursday. 

h.    As part of our company effort to be friendly to the environment, we are asking all employees to reduce paper consumption by communicating by e-mail and avoiding printing.

The company is making a special invitation to all the employees, to be friendly to the environment; by reducing paper consumption and communication by email, and avoiding as possible printing. Together our effort will make a big difference.


4.3 Positive and Courteous Expression (Obj.4)
YOUR TASK. Revise the following statement to make them more positive.
a.    Plans for a new community center cannot go forward without full community support.

Having the entire support of the community, ensure the plans for a new community center.

b.    We must withhold authorizing payment of your contractor’s fee because our superintendent claims your work was incomplete.

To authorizing the payment of your contractor’s fee, it is required to be complete your work.

c.    If you do not fill in all of the blanks in the application form, we cannot issue a password.

To provide you a password, please fill and complete the application form.

d.    It is impossible for the builder to pour the concrete footings until the soil is no longer soggy

Waiting for a favorable condition in the temperature will make possible, for the builder to pour the concrete footing.

e.    Although you apparently failed to consult the mounting instructions for your Miracle Wheatgrass Extractor, we are enclosing a set of clamps to fasten the device to a table. A new set of instructions is enclosed.

We forward to receive completed your consult soon, about the mounting instructions of wheatgrass extractor. Hence, we enclose a set of clamps to fasten the device to the table is ready, and the new set of instructions is enclosed.

f.    We regret to announce that the special purchase price on iPads will be available only to the first 25 buyers.
You can qualify for a special purchase price on IPads if you are the first 25 buyers. 
4.4 Bias-Free Language
YOUR TASK. Revise the following sentences to reduce gender, racial, ethnic, age and disability bias.
a.    Every employee must wear his photo identification on the job.

All employee will wear his or her photo identification on the job

b.    The conference will offer special excursion for the wives of executives.

The conference will offer special excursion for the spouses of executives

c.    Does each salesman have his own smartphone loaded with his special sales information?

Does each sales representative have his or her smartphone loaded with special sales information?

d.    A policeman is responsible for covering his territory.

A police officer is responsible for covering his or her territory

e.    Serving on the panel are a lady veterinarian, an Indian CPA, two businessmen, and a female doctor.
Serving on the panel are a Veterinarian, a CPA, two Business person, and a doctor.




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a distributor of prewashed shredded lettuce is opening a new plant and considering whether to use mechanized process or manual process to prepare the product. the manual process will have a fixed cost of $43,400 per month and a variable cost of $1.80 per 5-pound bag. The mechanized process would have a fixed cost of $84,600 per month and a variable cost of $1.30 per bag. The company expects to sell each bag of shredded lettuce for $2.50. (a) Find the break-even point for each process. (b)What is the monthly profit or loss if the company chooses the manual process and sells 70,000 bags per month?

 a distributor of prewashed shredded lettuce is opening a new plant and considering whether to use mechanized process or manual process to prepare the product. the manual process will have a fixed cost of $43,400 per month and a variable cost of $1.80 per 5-pound bag. The mechanized process would have a fixed cost of $84,600 per month and a variable cost of $1.30 per bag. The company expects to sell each bag of shredded lettuce for $2.50. (a) Find the break-even point for each process. (b)What is the monthly profit or loss if the company chooses the manual process and sells 70,000 bags per month?

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Write a 4-6 page paper. You will take on the fictional role of a new CEO/leader for the below organizations. You are the new department manager for a utility company, replacing a longtime manager who failed to address internal theft and accounting indiscretions that have become public knowledge and cause for legal action against some ex-employees. to successfully lead this department after the crisis, you must adopt effective communication and leadership strategies. Use this assignment to convey what these strategies are, and how they will be implemented. Specifically address the following questions in the paper: As a new leader you must communicate with the key stakeholder groups. Identify the key stakeholder groups and their probable concerns, given the current situation. Describe how you will approach the communication (s) in terms of content, tone, and channels. Include an assessment of how your DiSC style may impact the effectiveness of your approach(es). You are under pressure from those that hired you to demonstrate a plan to get the firm back into good standing with key stakeholders, including the public, investors, and others, as appropriate. The presentation audience should be a specific group, likely the people who hired you. For example the group might be the Board of Directors, Executive Team, owners, or key investors, depending on the situation selected. You decide to connect with the audience by delivering an eight-minute persuasive presentation. Outline the key points you plan to make and why, including the purposes of your presentation. Explain in writing your top design and delivery strategies and tactics, highlighting their expected effects on the audience. be creative! Finally, you have a deeply ingrained sense of integrity. You intend for the firm to operate with the same depth of values when facing ethical decisions and dilemmas. Describe three key areas you would focus on to influence the values of the firm, and explain the actions you would take to apply those values. References: Munter, Mary (2012), Guide to Managerial Communication (10th edition, Upper Saddle River: Prentice Hall Welch, Jack (2005), Winning. New Your: Harper Collins. Seglin, J.L. (2006) the right thing: Conscience, Profit and Personal Responsibility in today’s Business. London: Spiro Press. Appleman, J.E (2008), 10 Steps to Successful Business Writing (10 Steps). ASTD Press. Heffeman, M. (2011) Willful Blindness: Why We Ignore the Obvious at our Peril. New York: Walker Publishing Company.

Write a 4-6 page paper.

You will take on the fictional role of a new CEO/leader for the below organizations.

You are the new department manager for a utility company, replacing a longtime manager who failed to address internal theft and accounting indiscretions that have become public knowledge and cause for legal action against some ex-employees. to successfully lead this department after the crisis, you must adopt effective communication and leadership strategies. Use this assignment to convey what these strategies are, and how they will be implemented.

Specifically address the following questions in the paper:
As a new leader you must communicate with the key stakeholder groups. Identify the key stakeholder groups and their probable concerns, given the current situation. Describe how you will approach the communication (s) in terms of content, tone, and channels. Include an assessment of how your DiSC style may impact the effectiveness of your approach(es).

You are under pressure from those that hired you to demonstrate a plan to get the firm back into good standing with key stakeholders, including the public, investors, and others, as appropriate. The presentation audience should be a specific group, likely the people who hired you. For example the group might be the Board of Directors, Executive Team, owners, or key investors, depending on the situation selected. You decide to connect with the audience by delivering an eight-minute persuasive presentation. Outline the key points you plan to make and why, including the purposes of your presentation. Explain in writing your top design and delivery strategies and tactics, highlighting their expected effects on the audience. be creative!

Finally, you have a deeply ingrained sense of integrity. You intend for the firm to operate with the same depth of values when facing ethical decisions and dilemmas. Describe three key areas you would focus on to influence the values of the firm, and explain the actions you would take to apply those values.

References:
Munter, Mary (2012), Guide to Managerial Communication (10th edition, Upper Saddle River: Prentice Hall
Welch, Jack (2005), Winning. New Your: Harper Collins.
Seglin, J.L. (2006) the right thing: Conscience, Profit and Personal Responsibility in today's Business. London: Spiro Press.
Appleman, J.E (2008), 10 Steps to Successful Business Writing (10 Steps). ASTD Press.
Heffeman, M. (2011) Willful Blindness: Why We Ignore the Obvious at our Peril. New York: Walker Publishing Company.

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“Cost of Quality” Please respond to the following: 1. Select two fast food restaurants and evaluate them in terms of service quality. Suggest ways to improve the service quality. 2. Evaluate the two fast-food restaurants you selected in Part 1 of this discussion in terms of the “Seven QC tools”. Determine the top three QC tools that tend to be most valuable to business owners. Explain your rationale. Quality Control Systems” Please respond to the following: 3. Compare and contrast ISO900:2000 and Six Sigma in terms of their differences and similarities. 4. From the e-Activity, select one organization that has achieved Six Sigma certification. Then, discuss the benefits and results that the organization has achieved as a result of following the quality standards inherent in Six Sigma certification. Explain how these standards help this organization pursue continuous improvement.

"Cost of Quality" Please respond to the following:

1. Select two fast food restaurants and evaluate them in terms of service quality. Suggest ways to improve the service quality.
2. Evaluate the two fast-food restaurants you selected in Part 1 of this discussion in terms of the “Seven QC tools”. Determine the top three QC tools that tend to be most valuable to business owners. Explain your rationale.

Quality Control Systems" Please respond to the following:

3. Compare and contrast ISO900:2000 and Six Sigma in terms of their differences and similarities.
4. From the e-Activity, select one organization that has achieved Six Sigma certification. Then, discuss the benefits and results that the organization has achieved as a result of following the quality standards inherent in Six Sigma certification. Explain how these standards help this organization pursue continuous improvement.

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