Liability Essays (Examples)
Study Document
What Business Entity Structure Should Be Used
...Liability The company should operate as a C corporation. There are a few reasons for this choice of business structure. As a sole proprietorship, Bob faces a number of challenges, including the reality that his legal downside includes his personal property. Maintaining his business as a sole proprietorship will also have tax and timing implications for when he wants to pass the business on to his daughter. Therefore, the sole proprietorship should be a non-starter. He has the option of S and C corporations, and there are specific implications for each of these.
An S corporation elects to “pass corporate income, losses, deductions and credits through to their shareholders for federal tax purposes” (IRS.gov, 2020). The company is eligible to be an S corporation, as it meets the criteria that the IRS has laid out. One of the risks, however, is in the transfer of ownership to Mandy, in particular if……
References
References
IRS.gov (2020) S corporations. Internal Revenue Service. Retrieved April 12, 2020 from https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations
Morah, C. (2020) Accrual accounting vs cash basis accounting: What’s the difference? Investopedia. Retrieved April 12, 2020 from https://www.investopedia.com/ask/answers/09/accrual-accounting.asp
SBA.gov (2020) Selling a small business and succession planning for small business. Small Business Association. Retrieved April 12, 2020 from https://www.sba.gov/sites/default/files/files/PARTICIPANT_GUIDE_SELLING_SUCCESSION_PLANNING.pdf
Study Document
Net Worth Theory And Corporate Fraud
...Liability Danske Bank's Money Laundering Scandal
Madinger (2006) points out that the net worth method is among the most common used in accounting forensics when it comes to detecting illegal income, such as by way of money laundering. The case of Danske Bank and its money laundering escapades from 2007 to 2015 through an Estonian branch where a quarter of a trillion dollars flowed is a prime example of a situation in which the net worth method could be applied to investigate this corporate fraud.
As Schwab (1961) states, the net worth theory rests upon the idea that if one’s net increase exceeds the income reported, the corporation has understated its income; additionally, “if there is no increase in net worth but if the taxpayer has expended larger amounts than his reported income on nondeductible items, there has been an understatement of income” (p. 78). With Danske Bank, billions were passing……
References
References
IRS. (2017). Retrieved from https://www.irs.gov/irm/part9/irm_09-005-009
Madlinger, J. (2006). Money laundering: A guide for criminal investigators. CRC Press.
Milne, R. & Winter, D. (2018). Danske: anatomy of a money laundering scandal. Retrieved from https://www.ft.com/content/519ad6ae-bcd8-11e8-94b2-17176fbf93f5
Schwab, R. D. (1961). The Civil Aspects of the Net Worth Method. Wm. & Mary L. Rev., 3, 65.
Study Document
Fiscal Health Of Public Administration
...Liability 1
Five future trends in Public Administration are 1) global interconnectedness and self-sufficiency; 2) changes to public health policy; 3) incorporation of advanced technology into administration; 4) more grassroots advocacy; and 5) emphasis on sustainability (Florida Tech, 2019). The first trend—the global interconnectedness of public administrations and a focus at the same time on self-sufficiency—may seem like two diametrically opposed trends going in opposite directions, but the reality is that global interconnectedness and self-sufficiency are compatible and public administrators in the future will need to realize how. First off, globalization is a fact of life in the modern world. The China-U.S. trade war is a perfect example of how what is happening on one side of the world can have a tremendous impact on the entire rest of the planet: the reason is that we live in a global economy, and every country’s economic output is integrated with every other……
References
RReferences
Abiad, A. & Khatiwada, S. (2019). 5 ways technology is improving governance, public service delivery in developing Asia. Retrieved from https://blogs.adb.org/blog/5-ways-technology-improving-governance-public-service-delivery-developing-asia
Florida Tech. (2019). Five global trends in public administration. Retrieved from https://www.fit.edu/your-college-decision/trends-in-public-administration/
McDonald, B. (2017). Measuring the fiscal health of municipalities. Retrieved from https://www.lincolninst.edu/sites/default/files/pubfiles/mcdonald_wp17bm1.pdf
VCU. (2019). Public personnel administration. Retrieved from https://commed.vcu.edu/IntroPH/Management/management/personnel.html
Study Document
Current Issue In Nursing Nursing Shortage
...Liability Current Issue in Nursing: Nursing Shortage
Nursing quality and adequate staffing are intertwined. Adequate levels of nurses, lower nurse to patient ratios, and also more highly trained nurses are associated with better health outcomes and lower mortality rates. But despite the fact that there is high demand for nurses, and also increased interest in entering this very exciting profession, retaining qualified nurses and recruiting new nurses is a struggle for many hospitals. Also, in a desire to cut costs, many institutions are often unwilling, despite evidence-based research supporting higher staffing ratios as leading to lower-cost and superior patient outcomes, to hire more nurses as healthcare staffing makes up as much as 40% of all intuitional operating costs (“Nursing Shortage,” 2019).
The attempt to cut costs by reducing staff levels reflects an unfortunately misguided view of the value of the nursing profession. It also reflects a misguided view of an aging……
References
References
ANA health care economist Peter McMenamin on the nursing shortage outlook. (2019). Nursing
World. Retrieved from: https://www.nursingworld.org/~4afb8f/globalassets/practiceandpolicy/health-and- safety/rnjobmkt_peterminterview_final_030713.pdf
Bond, D. (2017). Will BSN students consider a future nursing faculty role? Nursing Education Perspectives, 38(1):9–17.
Botha, E., Gwin, & Purpora, C. (2015). The effectiveness of mindfulness based programs in reducing stress experienced by nurses in adult hospital settings: a systematic review of quantitative evidence protocol. JBI Database of Systematic Reviews and Implementation Reports, 13(10):21–29. Retrieved from: https://insights.ovid.com/pubmed?pmid=26571279
Crawford, C. (2019). Addition of Advanced Practice Registered Nurses to the trauma team: An integrated systematic review of literature. Journal of Trauma Nursing. 26(3):141–146,
Gillespie, G. L., Grubb, P. L., Brown, K., Boesch, M. C., & Ulrich, D. (2017). ‘Nurses eat their young:’ A novel bullying educational program for student nurses. Journal of Nursing Education and Practice, 7(7), 11–21. doi:10.5430/jnep.v7n7P11
Haddad, L.M., Toney-Butler, T.J. (2019). Nursing shortage. StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing. Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK493175/
Nurse staffing crisis. (2019). Nursing World. Retrieved from: https://www.nursingworld.org/practice-policy/nurse-staffing/nurse-staffing-crisis/
Study Document
Employment Law
...Liability II. Client’s Case
D. Application of the Law to the Facts
Was Jennifer in breach of the confidentiality agreement that she signed committing never to disclose confidential/proprietary information she encounters in the course of her employ at Greene’s’s?
Case in Brief: In Hallmark Cards, Inc. v. Janet L. Murley (2013), the defendant (Murley) parted ways with the plaintiff (Hallmark Cards) and was paid a total of $735,000 as the severance package. As Hallmark’s marketing vice-president, Murley had come across and was indeed in possession of some confidential information regarding the operations of the company. The said information was inclusive of, but was not limited to, market research and business plans. Upon the payment of the severance highlighted above, Murley amongst other things agreed to dispose-off any confidential documents and ensure that the company’s confidential information was not disclosed to any third party. Years later, the defendant got hired by a……
References
References
Frey, M.A. (2015). Essentials of Contract Law (2nd ed.). Mason, OH: Cengage Learning.
Gross, J.A. & Compa, L.A. (2009). Human Rights in Labor and Employment Relations International and Domestic Perspectives. Champaign, IL: Labor and Employment Relations Association.
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
Study Document
Confidentiality Breach And Unfair Dismissal Law
...Liability Milestone 1
I. Introduction
As an intern at the legal department of Greene’s Jewelry Wholesale, I am convinced that the company does indeed have significant strengths in as far as its legal claim is concerned. This is more so the case given that Jennifer Lawson did indeed sign a confidentiality agreement whereby she made a commitment to keep any information gathered relating to the creation of Ever-Gold secret. It is important to note that she never signed a ‘not to compete’ agreement. This, however, has no connection to the issue at hand because Jennifer has not necessarily established an enterprise that seeks to compete with Greene’s Jewelry. On the other hand, when it comes to the legal defense of the company, it would be prudent to note that Greene’s Jewelry position would be weak. The subsequent sections of this text not only analyze the facts and laws relevant to the……
References
References
Bagley, C.E. (2012). Managers and the Legal Environment: Strategies for the 21st Century (7th ed.). Mason, OH: Cengage Learning.
Chociey, E.F. (2018). The Defend Trade Secrets Act of 2016: An Overview and Analysis of the Statute Establishing a Federal Civil Cause of Action for Trade Secret Misappropriation and Notable Case Law to Date. Retrieved from https://www.lexology.com/library/detail.aspx?g=a6c6cf8f-5d89-4cbd-9c64-82ca38e53006
Justia (2020). Chestnut v. Stone Forest Industries, Inc., 817 F. Supp. 932 (N.D. Fla. 1993). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/817/932/1459432/
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
U.S. Department of Labor (2020). Plant Closings and Layoffs. Retrieved from https://www.dol.gov/general/topic/termination/plantclosings
Study Document
Who To Save End Of The World Scenario
...Liability Who to Save: Thinking About Stereotypes
The end of the world is a terrible prospect to contemplate. To rebuild society, while it is necessary to reproduce humans on a biological level, ideally one would hope to create a new, better society to support future life. This includes a society which is less prone to disease, famine, and basic unkindness. It would also be valuable to preserve the best knowledge which exists in the present generation for the good of future generations, hopefully to avoid future nuclear devastation, environmental degradation, and strife.
Given the need for sound scientific knowledge, the first person I would choose would be the lesbian Chinese microbiologist. Not only would she know how to combat diseases that might arise in the future that could save humanity, she is only 32 and would likely be healthy and able to exist for many years, providing assistance to the remaining……
Study Document
Six Fundamental Pillars Of Character
...Liability Six Fundamental Pillars of Character
Today, the notion of what factors comprise a good character for humans is undergoing some profoundly significant challenges as the nation’s top leadership struggles to respond to the ongoing Covid-19 global pandemic in an honest and forthright fashion. Moreover, the demographic composition of the United States and many other Western nations has experienced significant changes in recent years, introducing a number of cross-cultural factors that are used to define good character. Against this backdrop, it is important for individuals to apply their critical thinking skills to develop their own conceptualization of character. To this end, the purpose of this paper is to provide a list of six fundamental pillars of character: integrity, dependability, responsible, patriotic, open-minded and considerate of others. The critical analysis the follows below examines how these pillars of character can be used to assess the extent to which people satisfy these characteristics……
Study Document
Public Safety And Public Relations
… when it comes to the law enforcement sector. Without sound occupational safety and health initiatives in place, departments might find themselves faced with liability lawsuits. Physically fit law enforcement officers might, for instance, display a greater likelihood of exerting less force if encountering a scenario with the ……
References
References
Achim, A. C. (2014). Risk management issues in policing: from safety risks faced by law enforcement agents to occupational health. Procedia Economics and Finance, 15, 1671-1676.
Bornstein, A. (2005). Antiterrorist policing in New York City after 9/11: Comparing perspectives on a complex process. Human Organization, 64(1), 52-61. Retrieved from https://www.jstor.org/stable/44127004?seq=1
Buyantseva, L. V., Tulchinsky, M., Kapalka, G. M., Chinchilli, V. M., Qian, Z., Gillio, R., et al. (2007). Evolution of lower respiratory symptoms in New York police officers after 9/11: A prospective longitudinal study. J Occup Environ Med, 49, 310–17.
Homeland Security. (2005). Grand reform: The faster and smarter funding for first responders. Washington, DC: U.S. Government Printing Office.
Lippmann, M., Cohen, M. D., & Chen, L-C. (2015). Health effects of World Trade Center (WTC) Dust: An unprecedented disaster with inadequate risk management. Crit Rev Toxicol, 45(6), 492-530. DOI: 10.3109/10408444.2015.1044601
NYPD. (2020). About NYPD. Retrieved from https://www1.nyc.gov/site/nypd/about/about-nypd/about-nypd-landing.page
OHS. (2008). Occupational Health and Safety Code of Practice. Australian Government.
Vault. (2020). Overview. Retrieved from https://www.vault.com/industries-professions/industries/public-safety
Study Document
Arguments To Vaccinate Or To Not Vaccinate
… parent chooses not to vaccinate a child based on exemptions provided by state law, such a decision does not generate full safeguard against liability for the adverse ramifications of that choice (Caplan et al., 2012).
In the case of young Michael, I would also hold Ms. S ……
References
References
Caplan, A. L., Hoke, D., Diamond, N. J., & Karshenboyem, V. (2012). Free to choose but liable for the consequences: should non-vaccinators be penalized for the harm they do? The Journal of Law, Medicine & Ethics, 40(3), 606-611.
National Conference of State Legislatures. (2020). States With Religious and Philosophical Exemptions From School Immunization Requirements. Retrieved from: https://www.ncsl.org/research/health/school-immunization-exemption-state-laws.aspx
Nelson, K. E., & Williams, C. M. (Eds.). (2014). Infectious disease epidemiology: theory and practice. Jones & Bartlett Publishers.
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