42-9. Definition of a Security. In 1997, Scott and Sabrina Levine formed Friendly Power Co. (FPC) and Friendly Power Franchise Co. (FPC-Franchise). FPC obtained a license to operate as a utility company in California. FPC granted FPC-Franchise the right to pay commissions to “operators” who converted residential customers to FPC. Each operator paid for a “franchise”—a geographic area, determined by such factors as the number of households and competition from other utilities. In exchange for 50 percent of FPC’s net profits on sales to residential customers in its territory, each franchise was required to maintain a 5 percent market share of power customers in that territory. Franchises were sold to telemarketing firms, which solicited customers. The telemarketers sold interests in each franchise to between fifty and ninety-four A-4 APPENDIX A: ALTERNATE CASE PROBLEMS—CHAPTER 42“partners,” each of whom invested money. FPC began supplying electricity to its customers in May 1998. Less than three months later, the Securities and Exchange Commission (SEC) filed a suit in a federal district court against the Levines and others, alleging that the “franchises” were unregistered securities offered for sale to the public in violation of the Securities Act of 1933. What is the definition of a security? Should the court rule in favor of the SEC? Why or why not? [SEC v. Friendly Power Co., LLC, 49 F.Supp.2d 1363 (S.D.Fla. 1999)]

42–3. Insider Trading.

Scott Ginsburg was chief executive officer (CEO) of Evergreen Media

Corp., which owned and operated radio stations. In 1996, Evergreen became interested in

acquiring EZ Communications, Inc., which also owned radio stations. To initiate negotiations,

Ginsburg met with EZ’s CEO, Alan Box, on Friday, July 12. Two days later, Scott phoned his

brother Mark, who, on Monday, bought 3,800 shares of EZ stock. Mark discussed the deal with

their father Jordan, who bought 20,000 EZ shares on Thursday. On July 25, the day before the

EZ bid was due, Scott phoned his parents’ home, and Mark bought another 3,200 EZ shares.

The same routine was followed over the next few days, with Scott periodically phoning Mark or

Jordan, both of whom continued to buy EZ shares. Evergreen’s bid was refused, but on August

5, EZ announced its merger with another company. The price of EZ stock rose 30 percent,

increasing the value of Mark and Jordan’s shares by $664,024 and $412,875, respectively. The

Securities and Exchange Commission (SEC) filed a civil suit in a federal district court against

Scott. What was the most likely allegation? What is required to impose sanctions for this

offense? Should the court hold Scott liable? Why or why not? [

SEC v. Ginsburg,

362 F.3d 1292

(11th Cir. 2004)]

A discussion of your opinion on how the travel and tourism industry might change because of Covid19. What might the new normal look like? How will things change? May be written in 1st person.

Disney uses a service matrix tool as a diagnostic tool to ensure optimal customer service.

For a business of your choice, like Starbucks, Target, Townfair Tire, Walmart…etc make a table where the first column lists the business services standards and first row shows the delivery mechanisms for those service standards. It should be a matrix tool (look up Disney service delivery matrix tool).

Please explain Enterprise Architecture, and how does it make each organization different

need to find and note pros/cons for each organization

As consumers, we continually interact and consume brands to satisfy our functional and emotional needs. Applying the theory covered as part of this module to your own experience as consumers,

1. Brands play important roles for consumers. For instance, they act as relationship partners that enable consumers to resolve personal issues. Drawing on Fournier (1998) typology of relationships between consumers and brands, identify six types of relationships you as a consumer have with different brands .

As consumers, we continually interact and consume brands to satisfy our functional and emotional needs. Applying the theory covered as part of this module to your own experience as consumers, answer all three questions:-

1. The Internet and digital world has presented new opportunities and threats for brand managers. One threat is the increasing competition traditional, bricks and mortar retail brands are facing from online retail brands. In order to survive, traditional retail brands are having to adapt to this changing environment .

1. Review the impact the Internet and digital space has had on traditional retail brands .
2. What three recommendations would you have for traditional retail brands to survive in the increasingly digital and online world? .

The Facts: Enzo and Marie have come to your office for some business organization advice. They plan to set up a flower shop. Enzo will work in the store. Marie will invest the original operating capital of $100,000. They want to share management authority, profits and losses equally. They plan to distribute all of the profits from the business to themselves as they are earned.

(1) List TWO benefits a member-managed Limited Liability Company (LLC) would provide Enzo and Marie based on the fit between the basic business planning characteristics of such an LLC and their expressed business objectives. (Worth 5 points)

(2) Assuming they elect to do business as an LLC, what advice would you give Enzo and Marie about signing any agreements with third parties before the LLC is formed? (Covered this problem in class and made a statement about it) (Worth 5 points)

(3) When does the LLC's existence begin? (Worth 2 points) (

4) Gerard is an incredible candy maker and would like to go into business for himself, but he needs some money to get started. His parents want to help him get his feet on the ground and start his career. They agree to invest in his business; however, they don’t want to be involved in any part of the business, they are just trying to help him out. Gerard asks your supervising attorney for advice on how to organize his business. The task is assigned to you. What business form would suit the needs of Gerard? Why? What are the advantages of this business form?

5) Gerard may have two different business forms that could be used. Name each and provide a brief description of the benefits and detriments of each one. Then which of those two would you recommend and why? (Worth 10 points)

Assume that Product Z is made of two units of A and three units of B. A is made of three units of C and four of D. D is made of two units of E.

Lead times for purchase or fabrication of each unit to final assembly are: Z takes two weeks; A, B, C, and D take one week each; and E takes three weeks.

Fifty five units OF Product Z are required in Period 10. (Assume that there is currently no inventory on hand of any of these items.)

b. Develop an MRP planning schedule showing gross and net requirements and order release and order receipt dates. (Leave no cells blank - be certain to enter "0" wherever required.)

The Facts: Linda and Michael are the only shareholders of Investors, Inc. The corporation purchases property suitable for commercial development as shopping centers, office buildings or apartment complexes. It holds each property for a period of time to let it increase in value. It then sells the property for a profit to an unaffiliated commercial developer.

Investors, Inc. was properly formed as a corporation in full compliance with applicable law four (4) years ago. The Articles of Incorporation are silent concerning the corporation’s purpose and powers. One thousand (1000) shares of common stock are authorized. Linda owns 50 shares and Michael owns 50 shares. Linda and Michael are the only two members of the Investors, Inc. Board of Directors. At the organizational meeting of the Board of Directors Linda and Michael both voted as directors in favor of electing Linda as President and expressly giving her the authority to purchase commercial properties for the corporation. Michael was elected as Treasurer and Secretary.

The corporation is located in Duluth, Minnesota. It maintains its own offices, has separate records and accounts, letterhead and other corporate indicia. Linda and Michael are careful to always observe all corporate formalities, including holding regular directors and shareholder meetings. They consistently advise corporate creditors they are acting in their corporate capacities. Neither Linda nor Michael takes any salary. Distributions are only made to them if the corporation’s operating reserves after the distribution will cover at least three (3) months of normal operating expenses.

The corporation has funded all its property purchases through loans from Big Bank, located in Duluth, Minnesota. Each loan was negotiated and signed on behalf of Investors, Inc. by Linda as President. The property to be purchased serves as collateral (by mortgage) for the related purchase loan. Additionally, Linda and Michael have each given Big Bank a valid and binding personal guarantee. The guarantees state Linda and Michael are each individually unconditionally and primarily liable for all valid and binding indebtedness of Investors, Inc. to Big Bank.

The corporation has been very successful. It has already bought and sold five (5) different commercial properties, all located in Duluth, at a substantial profit. The corporation currently holds three (3) additional commercial properties, all also located in the Duluth.

This is the largest number of properties the corporation has ever held at one time. All three (3) properties have increased considerably in value since being purchased. At the most recent meeting of the Board of Directors, held one week ago, Linda said she believed the properties would continue to increase in value and the corporation should not sell any of them at the present time. Michael agreed. Michael reported that the corporation’s finances were sound. He explained that although the total loan balance with Big Bank was the highest it have ever been because of the unusually large property holdings, the corporation had substantial cash reserves and he expected no problem meeting the regular loan payments to due Big Bank.

Claude is putting together a project to purchase a large piece of undeveloped land 35 miles north of Duluth. He does not know either Linda or Michael. He does know they are the owners of Investors, Inc. Because he is aware of Investors, Inc.’s past success, Claude calls Linda to inquire whether she would be interested in making a personal investment in Claude’s project. He explains that although the land is currently zoned only for agricultural use, he believes there is a good chance it can be successfully re-zoned in the future to permit commercial uses thereby substantially increasing its value. The parcel of land is three times larger than any piece of land previously purchased by Investors, Inc. Without telling Michael, Linda personally invests and becomes a 30% owner in Claude’s project.

The Questions: Based on the above facts and limiting consideration to business organization and agency law, please discuss the following issue. When discussing the issues please explain concisely how you arrived at your conclusions through application of the relevant law to the facts presented.

(1) One year after Linda and Claude bought this land, it has been sold for a $300000 profit. Michael has now found out about that purchase and sale, and has caused Investors, Inc. to sue Linda for a share of that of that $300000 profit. Will Investors Inc. win or lose and why? You must provide a full explanation for your answer. (Worth 10 points)

(2) Assume that instead of investing personally, Linda, without telling Michael, makes the investment by purchasing the 30% interest in Claude’s project for Investors, Inc. Linda finances the investment by obtaining an additional loan from Big Bank. Because Investors does not own the property itself, Big Bank takes a security interest in the 30% interest in Claude’s project as collateral for repayment of the loan. All the documents relating to the investment and the loan are signed by Linda as President on behalf of Investors, Inc. Claude’s project fails and Big Bank sues Investors, Inc. on the loan. Will Big Bank win this lawsuit against Investors Inc. for the loss? Why or why not, you must provide a full explanation. (Worth 10 points)

Frederico owns a local bakery. With the recent Covid 19 pandemic he has had to restrict his store hours and limit his employees’ shifts. He is not sure he’ll be able to stay in business if it goes on much longer. He has eight long-time employees and isn’t sure whether he can keep them employed. Frederico wants to know what his options are in relation to keeping on or getting rid of his employees in terms of employment law issues we have studied in this course.

Develop a testing plan on a new education system

write a 2-page paper addressing the topics/questions below

-What were your main learnings from your testing?

-What worked? What didn’t work?

-What could be improved?

-Any new ideas results from testing? If yes, how can you use them?

-How will you use your test results to improve your solution?

when sourcing internationally a buyer should consider what?

Part A Understanding Consumers Consumer decision-making processes can be complicated because there are many factors (internal and external) that influence this process. For example, there are individual internal factors like personality and external factors including household structures, society and culture. Some decision making processes are linear and others are more emotional. For your report, you need to identify and explain how the concept of motivation affects consumers' likelihood of buying your product

Part B Segmentation

Define and describe the theoretical concept and purpose of segmentation. Identify and define the key segmentation variables (i.e. demographics, psychographic etc), be sure to present this information with market data evidence (i.e. tables/graphs/statistics from sources such as ABS/ Roy Morgan etc) ; and Using the different segmentation variables, describe a likely primary segment for your organisation and create your "Typical Consumer" profile (see template in i2)

Part C Targeting strategies

Define and describe the theoretical concept of targeting strategies; and Outline the most appropriate strategy for your product, given the competition and market analysis (from Assessment Two) and its likely segment described in your consumer profile

• practicing the english composition ( Book: the Language of composition Reading • Writing • Rhetoric) ,
• In what ways have you succeeded?
• What would you like to continue to work on?