Enthusiasm is an important attribute for sales executives. How would a manager determine if an applicant had enthusiasm?

Describe the Federal Appellate system. How does one get a case before the Appellate judiciary? How influential are the appellate courts amongst one another? Explain.

Overall recommendations to individuals who are planning to go and work in South Korea as an expatriate from United States.

How do sustainability metrics affect internal (managerial) decision making?

Discuss the management objectives of a firm governed by the shareholder wealth maximization. For example, in the United States, the decision to shift production from a local factory to a foreign one may be based on the change of the NPV value as a result of such move. The owners may have only minor consideration concerning the impact that such change would have on the community and/or local employees. Explain your point of view carefully.

What are the similarities and differences in strategies and how the U.S, UK, and Japan approaches cybersecurity??

Susan stared in her glass of beer. This was the first time she was in charge of the whole consulting project. Making it a success was a must. Her client was a medium-sized television station. In a drive to cut costs, they were considering to outsource sales. Susan had just participated in the board meeting in which the key contender presented its proposal. The board had a positive impression but wanted to hear Susan's reaction. According to the sales company's proposal, they would be compensated on a variable basis. In particular, they proposed the following scheme: • 10% on the first $400 million in sales • 5% on sales above $400 million The sales company argued that their sales force was much more effective: for similar clients, their revenue generated per dollar spent on sales was more than two times higher than what the client currently achieved. The client had about $500 million in advertising sales and had no other sources of revenue. Their fixed cost was $420 million, which went mainly to the purchasing of television programs and to general overhead. Finally, they had $80 million in sales expenses, all of which was variable (in function of the number of ads sold).

Case Questions: (1) If you were Susan, would you advise your client to accept the proposal? (2) If not, what counteroffer might you propose?

Compare and contrast the limited liability company with a general partnership. Perform the same analysis regarding the limited liability company and a corporation.

Why are strategic decisions in healthcare more data driven today than ever before?

Torts R Us is a law firm formed by limited liability partnership law. The owners, all attorneys, have decided to have a manager-managed organization with Tanya Nordstrom chosen to be the manager. One of the partners, Simon, just purchased a $20,000 software package to assist the frim with their information technology needs without telling Tanya or getting her permission. Tanya has already chosen another software package and entered into a contract for the purchase of that software package on behalf of Torts R Us. Who is responsible for paying for the software Simon purchases?

Recently, the Pennsylvania Superior Court addressed the validity of an exculpatory clause within a gym membership agreement. Exculpatory clauses and waivers of liability are enforceable, provided they are conspicuous. In certain circumstances, the waiver provision can be enforced even when it is unread, if a reasonable person should have noticed the clause

In this case, Melinda Hinkal asserted a negligence claim against Gavin Pardoe, a personal trainer working at Gold’s Gym. Ms. Hinkal also brought respondeat superior claims against Gold’s Gym and TRT Holdings (Defendants).

While exercising at the gym under Mr. Pardoe’s direction, Ms. Hinkal alleged that she suffered an injury that ruptured a disc in her neck, requiring two separate surgeries. She claimed that Mr. Pardoe negligently put too much weight on the workout equipment and then instructed her to continue her workout without noticing her injury. Defendants filed a summary judgment motion on the grounds that Ms. Hinkal signed a guest agreement containing legal waivers of liability, barring Ms. Hinkal’s claims against them. The trial court granted the motion for summary judgment, and Ms. Hinkal appealed.

On appeal, Ms. Hinkal asserted that the waiver provision, on the reverse of the membership agreement, was not valid and enforceable. She claimed that it was inconspicuous and not sufficient to give notice of its contents and significance.

The court examined the agreement itself and the waiver of liability/assumption of risk statement. Notably, the court stated the agreement does not provide a space for initials to indicate acknowledgement and acceptance of the additional terms.   In certain circumstances, to determine if a reasonable person should have noticed an exculpatory clause, the court considers factors such as the clause’s placement in the document, the size of the clause’s print, and whether it was highlighted in all capital letters, or a differing font or color.

In this case, the court applied the relevant factors and determined that the exculpatory clause in the Gold’s Gym membership agreement was not enforceable, since it was not sufficiently conspicuous. First, it was printed on the reverse of the one-page document. Second, the signature line was on the other side of the document. Third, the font was the same size as the other terms and was difficult to read.

In this case, the appellate court stated that the defendants took no steps to alert Ms. Hinkal that by signing the membership agreement, she was waiving her right to initiate a personal injury action against Gold’s Gym. In conclusion, the court stated they did not find that Ms. Hinkal’s intent was to waive her right to bring a lawsuit against the gym.

The appellate court reversed the trial court’s granting of the summary judgment motion. They remanded for further proceedings.

What indicated that the terms in the agreement at issue in this case were accepted?

What were the appellant’s arguments in support of her claim? Which of those contention did the court imply was irrelevant? Why?

How did the court distinguish its conclusion in this case from its decisions in Beck-Hummel?

Explain in your own words Five factors about The country of  Mexico environment which discourages or impacts negatively on foreign direct investment and trade (include legal, political and socio-cultural factors)

Note : the answers should be computerized - Please do not copy and paste from the internet (include legal, political and socio-cultural factors)