Assume that you work in the human resources department of XYZ Corporation (“XYZ”). Your supervisor, Jane Smith, informs you that XYZ is considering implementing an arbitration clause in its employee handbook. Since you are studying business law at , she asks you to write a memo to her summarizing the following:

1. The (general) pros and cons of arbitration for businesses; and

2. How an arbitration clause in an employee handbook (or an employment contract) should be drafted in order to be binding and enforceable. In other words, what should the company include in the language of the clause? What types of provisions or language should they avoid?

1. What is Cultural Relativism?  Is the Foreign Corrupt Practices Act based on Cultural Relativism?  Explain why or why not?

2.Since services are characterized by heterogeneity, how can a company standardize the delivery of a service? Give an example.

The phrase “it has been noted that” is an example of ________.

Question 1 options:

wordiness

imperative construction

a passive construction

redundancy

What types of outsourcing does the L'oreal company use? Justify your answer by giving at least one specific example. (1 point) What factors should the L’Oréal company consider when deciding whether or not to further outsource a particular part of their information systems? (1 points)

Sally is not pleased with the company she works for -- her manager does not care about her or her every-day life, and she is feeling stressed trying to juggle work, school and family obligations. Name at least three ways that her organization could help decrease work-family conflict and stress. Why should they bother?

We are expanding as a clothing sport company with stylish outfits and high quality to Australia . What would be the best to do?What is overall assessment and entry strategic plan for your company? Does your company’s mission statement and objective aligned with this business decision? What will be your corporate- and business-level strategies? Will your company have centralized or decentralized organizational structure? Which of the two types of international strategy will your company follow? Will your company make use of work teams?

This is a strategic management of an entry into new markets and classified as an Ops mgmt problem? Yes

For this discussion you will need to select a product, good, or service that you purchase on a regular basis. This could be anything from your morning coffee to the make of your car to your favorite chain restaurant. Conduct some formal research on the marketing strategy of the company or brand before you start your posts.

For Discussion

• Name of product and company: Use the proper corporate name, not a nickname.. Include pictures if you’re handy with uploading/inserting images.
• Product description: Briefly describe the product you’ve selected along with any relevant history that led you to choose this product/brand.
• Describe the key marketing strategies of your selected product. You should base your evaluation and report on what you can observe about how the four Ps are applied to the product you chose.
  • Product: Describe the want or need your product addresses.
  • Placement: Describe the physical location of the product among its closest competitors (a quick picture of the shelf would tell a good story!), and describe what this placement says about the marketing strategy.
  • Pricing: Describe the pricing strategy. A good description would include observations about the closest competitive product and its relative pricing.
  • Promotion: Describe how the product is being promoted. You could include any obvious physical/in-store promotions seen on the shelf, as well as flyers, coupons, social media, online advertising, etc.
  • Other factors: You might notice other important factors about your product that lie outside the four Ps. You can include them in your report here. One example might be a unique distribution system for your product.

While on routine patrol for the Anytown Police Department, you notice a group of what appears to be three underage male teens and one female teen standing along the outside wall of a local convenience store in a poorly lit area. Because it is 1 a.m. in the morning on a Thursday night, which is in violation of your city ordinance regarding curfew, you decide to investigate. When you turn into the driveway of the convenience store, your patrol car headlights illuminate the group of four teens—you notice a cigarette in the hand of the lone female of the group and it appears to you that two of the males are holding beer cans. After asking for identification, you began your investigation and realize that several decisions will have to be made regarding the underage youths. In an APA-formatted paper of 650–800 words, discuss the following:

• In a list that you make in your report, specifically identify the status offense laws that are being violated by each of the underage teens.
• Identify how you are going to process each of the underage teen violators at the scene, and then explain in detail why you made the decision to handle the status offenses in that specific manner.
• Describe how you would handle any of the teen-status offense violators who is being uncooperative at the scene. How would this affect your decision on how to handle this status offense case?
• If you have one or more uncooperative parents who refuse to come to the scene and pick up their child, would this affect your decision on how you handle the case, and if so, what would you then do with the teen?

In 2017, Samsung regained control as the leader in the worldwide smart phone market. The competitive landscape has change significantly with the rise of brands such as OPPO and Vivo in smart phone segment. Huawei, in particular, poses a big threat to Samsung

1. Discuss the five (5) stages of product life cycle for Samsung.

In your opinion, to be considered truly ‘ethical’ how should a retailer treat its employees? Give examples to support your arguments

READ the scenario below here first What stands out to you the most? You are looking for the THREE (3) main issues that you will base your appellate brief on: how did the lower (trial) court err and/or what did the lower (trial) court do wrong? It is these three (3) issues or errors that we are pointing out to the appellate court. We are asking the appellate court to reverse the lower (trial) court’s ruling because of these errors and send it back for re-trial. You will have to start a bit of research here to fully understand what the THREE (3) issues are. Please use Google or Lexis to begin your legal research on educating yourself on this topic. Look for cases on these topics.

Your Case:  “Morty’s Moral Matter”

The situation described below is hypothetical.

Our client, Morty Smith, is a 17-year old high school senior who attends Harry Herpson High School ("Herpson High"). Morty refers to himself as a “Practicing Pastafarian” and a devout member of the Church of the Flying Spaghetti Monster.

Herpson High is operated by Meseeks Unified School District (the "School District"), a school district that operates elementary, middle, and secondary schools in Florida.  In planning its graduation ceremony and program, Herpson High notified parents of the graduating seniors that student-led and student-initiated nondenominational prayers would be offered at the graduation.  Attendance at the graduation would be voluntary.  School officials at Herpson High would review any prayers that were submitted by students before they were offered at the ceremony. Morty submitted to the school a “prayer” that he wished to read at graduation:

“Our pasta, who art in a colander, draining be your noodles. Thy noodle come, Thy sauce be yum, on top some grated Parmesan. Give us this day our garlic bread, and forgive us our trespasses, as we forgive those who trample on our lawns.”

School officials denied Morty’s request to read his prayer with no reason given for the rejection.  No other student received such a rejection, and the school allowed all other prayers submitted by student’s to be read at graduation.

Morty Smith sued the School District on the basis that the school violated his Constitutional rights. Among other issues, he specifically claimed that the prayers allowed at graduation violated his First Amendment right to free speech and the First Amendment's prohibition against laws relating to establishment of religion.  On a Motion for Summary Judgment, the Middle District of Florida Trial Court ruled against Mr. Smith on the School District's Motion for Summary Judgment, holding that students are not afforded the same protections as adults under the Constitution as per Freedom of Speech. Furthermore, the Court ruled that the student-led and student-initiated nondenominational prayers could not violate the US Constitution.

          Morty Smith has ample funds (backed by his grandfather, Rick) and wants to appeal to the United States Court of Appeals for the Eleventh Circuit.

Supply chain case study ch 16

To Savor or to Groupon?
Mr. Chang, the owner of Enter the Dragon, a high-end Asian restaurant in Chicago, was puzzled by the choices put before him by the Groupon sales representative. He could offer a daily deal at Groupon (a $60 coupon for $30) that would be seen by hundreds of thousands of Groupon subscribers in the Chicago region, or he could offer a more tailored discount at Savored, a restaurant reservation site also owned by Groupon. Business had been slow lately, especially during weeknights, and Mr. Chang wanted to spur demand. He wanted to make sure, however, that he did so in a way that actually increased profits. He estimated that demand on weeknights was normally distributed, with a mean of 60 and a standard deviation of 30. Given a capacity of 100 and only a single seating per table per night, there were empty tables on many nights.

Groupon and the Daily Deal

Launched in 2008, Groupon expanded rapidly on the basis of its daily deals. The daily deal amounted to a 50 to 70 percent discount coupon for a product or service offered by a local business. The deal was broadcast by Groupon to its subscribers; if the number of buyers exceeded a threshold, the deal was finalized and the company shared about half the revenues with the local business while keeping the rest as its commission. The local business thus received about 20 to 25 cents on the dollar of retail value. Customers who purchased a coupon using the daily deal then contacted the local business for their product or service. At restaurants like Enter the Dragon, Groupon buyers tended to get their reservations as soon as they purchased their coupon, which was well before regular customers tried to get their reservations. The popularity of the daily deal among subscribers led to rapid growth at Groupon. After rejecting a $6 billion offer from Google, the company went public in 2011. Its stock has had a turbulent journey since then. After opening at $25, the stock hit a low of $4 by the end of 2012 before recovering to $10 by early 2014. The drop in price could be attributed in part to the higher marketing costs and the negative publicity from some retailers who had used the daily deal. Some complained that “the financials just can’t work,”2 whereas others called Groupon the “worst marketing ever.” Retailers complained that while Groupon brought in new customers, the margins were terrible because the 20 to 25 cents on the dollar recovered from a Groupon deal was much lower than the revenue the new customers provided. A very popular blog post by Jay Goltz on the New York Times3 site offered retailers a way to evaluate the benefit of the daily deal. He suggested that retailers think of Groupon as advertising. Instead of writing a check to the advertising agency, retailers using the daily deal were choosing to lose money on sales. Thus, the only calculation that mattered was the cost per new customer acquired from a daily deal. The blog post suggested the following eight key metrics to decide whether the daily deal was cost effective advertising:

1. Incremental cost of sales

2. Size of the average sale

3. Percentage of coupons redeemed

4. Percentage of coupons purchased by current customers

5. Number of coupons purchased per customer

6. Percentage of new coupon customers who become regular customers

7. Value of all Groupon subscribers seeing the daily deal

8. Current cost to acquire new customer through advertising

The value of the daily deal depended on these numbers. In an example described on the blog, Mr. Goltz focused on a restaurant that sold 3,000 coupons with a face value of $75 for $35 (the restaurant received only $17.50, with Groupon keeping the rest as commission). He assumed that the restaurant spent 40 percent (of normal revenue, not discounted revenue) in incremental cost; customers spent, on average, $85 ($10 more than the coupon); only 85 percent of the coupons were redeemed; 40 percent of the coupons were purchased by current customers; two coupons were purchased per customer; and about 10 percent of the new customers came back to the restaurant. In this case, the restaurant received a check of $52,500 (= 3000 * 17.50) from Groupon and additional revenues of $25,500 (= 3000 * 0.85 * 10) because the customers who came to the restaurant spent $10 more than the face value of the coupon. The incremental cost of serving these customers was $86,700 (= 3000 * 0.85 * 85 * 0.40). The restaurant thus lost $8,700 on this deal. If viewed as advertising expense, it was necessary to evaluate the number of new repeat customers that the deal brought in. Given that 2,550 (= 3000 * 0.85) coupons were redeemed and each customer bought two coupons, the deal was used by a total of 1,275 customers. Given that 60 percent of these were new customers, the deal brought 765 (= 1275 * 0.6) new customers to the restaurant. If 10 percent of them would return, the deal effectively brought in 76 new repeat customers. The restaurant then had to decide whether spending $8,700 to bring in 76 new repeat customers was more effective than other forms of advertising.

Savored and Restaurant Discounts

Groupon acquired Savored, a restaurant reservation engine, in September 2012. Savored offered discounts of up to 40 percent at upscale restaurants aslong as customers made the reservations online in advance. Restaurants could vary the discount offered by time of day and day of week, with larger discounts for less popular times. Restaurants could also vary the number of tables available at the discount price. Savored suggested times when discounts should be offered after studying a restaurant’s traffic patterns. For example, all Saturday night slots at the Capital Grille on Wall Street were discounted because it attracted a workweek crowd, whereas the Fatty Crab in the West Village in Manhattan offered only a Saturday night discount at 11 p.m.4 Savored had helped restaurants manage their idle capacity effectively. Le Cirque, an upscale Manhattan restaurant, had eliminated its cheaper pre-theater menu because Savored reservations filled those slots.

Study Questions Use the spreadsheet & excel :-

1. Assume a variable cost of $10 per table and an average spending of $60 per table. With the daily deal ($60 for $30 coupon), Groupon provides Mr. Chang with a revenue of $15 per table. The analysis provided in the New York Times blog indicates that Mr. Chang makes money ($5 per table) through the daily deal (rather than incurring advertising expense). Do you think the analysis has included all aspects that need to be considered? Should Mr. Chang go ahead with the daily deal given that he can advertise while making a little bit of money per coupon?

2. With Savored, Mr. Chang can limit the number of tables he allows for the discount price. Assuming he makes the same revenue with Savored per discounted table as the daily deal ($15), do you think the ability to limit the number of tables at discount has any advantages? Would you prefer to use Savored or the daily deal?

3. Would you prefer to use Savored or the daily deal? Why?

Geographic segmentation: Geographic segmentation is done based on variables like city, country, or region. In the case of Kathmandu, we will select the city or places which are tourist destinations and also host adventure sports.

Demographic segmentation: Demographic segmentation is used to divide the market on the basis of demographic variables like age, gender, ethnicity, etc. we will select Age variable for Kathmandu as the product is mainly used by people of certain age groups.

Psychographic segmentation: Psychographic segmentation is a technique to segment the market in different segments based on psychographic variables like values, interest, or attitude. For Kathmandu, we will select the interest as a variable under psychographic segmentation. Because the interest in travel and adventure sports is a must in the segment for Kathmandu products.

Behavioral segmentation: This technique of market segmentation is based on behavioral variables like purchase behavior. brand loyalty, usage pattern, benefits sought, etc. For Kathmandu, we will select benefits sought as a variable under behavioral segmentation. Benefits sought from travel and adventure products will be considered as segmentation variables for Kathmandu's product because there is certain type of expectation customer has from travel and adventure products.

Question: According to the four variables above, choose a target segment in Australia for Kathmandu. You can use one variable or combine some variables to determine the target segment. Analyze this target segment by applying the five effective segmentation criteria (Measurable, Substantial, Accessible, Differentiable, and Actionable).

Given the time series sales data for years 2018 (quarter 1 to 4), 2019 (quarters 5 to 8) as reported in the table below, forecast sales in quarters 9 to 12 of 2020. (20)

The interpolation of historical data is

Facts: Butcher Block is an Austin (Travis County), Texas company that packages meat products for sale to local convenience stores. When its refrigerated delivery truck suffers an engine failure, Butcher’s president Billy contacted Vaught Motors, an Oklahoma City company that sells refrigerated vans and trucks to businesses. Billy negotiated with Vaught sales associate Annie a valid contract for the immediate sale and next-morning delivery of a used 2017 Mitsubishi Fuso FE 140 for $45,000 (including a time-of-the-essence clause because Butcher could make no deliveries without the truck). Vaught delivered a vehicle promptly, but it was a 2019 GMC G33705 van. Butcher rejected delivery because the GMC van—though newer, so the price was good—had only half of the storage capacity as the Mitsubishi truck and thus would not allow Butcher to make all of its deliveries each day. Butcher instead bought an equivalent Mitsubishi truck from another seller for $50,000. The day it was supposed to receive the truck from Vaught, Butcher missed all of its deliveries, which were worth $10,000 in profit. It also had to rent a delivery truck for 10 days at $500/day so that it could fill its orders while it awaited the truck from the alternate seller.

Question 1: Explain whether Vaught performed or breached its contract with Butcher and what the potential damages are for Butcher.

Question 2: For this second question only, assume that Annie was a probationary sales associate, and her manager Madelyn had told her orally not to do contracts above $25,000 without consulting her, and Annie did not consult Madelyn about the contract with Butcher. Billy had contacted Annie directly through the Vaught website, which told customers “Our sales associates can get you the right truck for your business,” and it included Annie’s name and contract information. Explain under agency law principles whether Vaught or Annie (or both) is liable for money damages if Butcher were to win a judgment for breach of contract.

Essay 3: If Butcher sues Vaught in a court located in its home (Travis County, Texas), explain what court or courts have subject matter jurisdiction over the lawsuit and whether there is personal jurisdiction over Vaught. Also address whether Butcher can sue in a court if the contract contains a clause requiring the parties to arbitrate.