Litigation Essays (Examples)
Study Document
SEC Enforcement Of Goldman Sachs And AIG
...Litigation Goldman Sachs & Co. and Fabrice Tourre were charged by the SEC in 2010 with “Fraud In Connection With the Structuring and Marketing of a Synthetic CDO” from the 2007 subprime mortgage scandal at the heart of the financial crisis of 2007-2008 (SEC, 2010). The specific charge was that the bank and Tourre made material misstatements and omissions in connection with a synthetic collateralized debt obligation that the bank had structured, marketed and sold to investors. The synthetic CDOs were linked to the performance of the subprime housing mortgage market—i.e., the subprime mortgage-backed securities identified by Lewis (2010) as triggering the wave of financial distress that led to central banking intervention (unconventional monetary policy—also known as quantitative easing) and the inflation of asset bubbles currently seen today (Huston & Spencer, 2018). Goldman Sachs settled with the SEC and agreed to pay $550 million on the condition that the bank not……
References
References
Baer, J. (2014). Former Goldman Trader Tourre Won't Appeal Fraud Verdict. Retrieved from https://www.wsj.com/articles/former-goldman-trader-tourre-wont-seek-appeal-of-securities-fraud-verdict-1401221556
Huston, J. H., & Spencer, R. W. (2018). Quantitative easing and asset bubbles. Applied Economics Letters, 25(6), 369-374.
Lewis, M. (2010). The Big Short. NY: W. W. Norton.
McDonald, R., & Paulson, A. (2015). AIG in Hindsight. Journal of Economic Perspectives, 29(2), 81-106.
Murray, N., Manrai, A. K., & Manrai, L. A. (2018). The role of incentives/punishments, moral hazard, and conflicts of interests in the 2008 financial crisis. The bi-annual academic publication of Universidad ESAN, 22(43).
SEC. (2010). Litigation Release No. 21489 / April 16, 2010. Retrieved from https://www.sec.gov/litigation/litreleases/2010/lr21489.htm
Weisenthal, J. (2009). Goldman Sachs made billions shorting AIG. Retrieved from https://www.businessinsider.com/goldman-sachs-made-billions-shorting-aig-2009-3
Study Document
Private Security And Law
...Litigation Private Security and the Law
Private security operatives are held liable for their actions based on existing federal and state laws. Potential liability for these operatives occur when attempting to stop or arrest criminals or when carrying out their daily operations. The most common potential liability issues for private security operatives are assault and battery. In addition, private security operatives can be found guilty under vicarious liability for the torts of another and for a violation of 42 U.S.C. 1983 (Reid, 2017). An example of a recent court case involving private security operatives accused or found liable for a 42 U.S.C. 1983 violation and under vicarious liability for the torts of another is State v. Santiago (2009).
In this case, the defendant Luis Santiago was involved in a verbal altercation at the Coronado Mall on July 20, 2005 in Albuquerque. Following the altercation, Santiago was stopped by security guards as……
References
References
FindLaw. (2010). State of New Mexico, Plaintiff-Petitioner, v. Luis SANTIAGO, Defendant-Respondent. Retrieved March 24, 2019, from https://caselaw.findlaw.com/nm-supreme-court/1001193.html
Reid, B. (2017, April 14). A Legal Overview of Section 1983 Civil Rights Litigation. The Huffington Post. Retrieved March 24, 2019, from https://www.huffingtonpost.com/entry/a-legal-overview-of-section-1983-civil-rights-litigation_us_58f0e17ee4b048372700d793
Wakefield, J. (2018, April 19). As Alberta’s Private Security Industry Surges, What Happens When Guards Behave Badly? Edmonton Journal. Retrieved March 24, 2019, from https://edmontonjournal.com/news/crime/as-albertas-private-security-industry-surges-what-happens-when-guards-behave-badly
Yee, M. (2018, June 24). Security Guard Liability. Retrieved March 24, 2019, from https://www.legalmatch.com/law-library/article/security-guard-liability.html
Study Document
C Suite Executive Leadership And Ethics
...Litigation Beliefs, Practices, Challenges
Persons in positions of leadership inevitably encounter major ethical dilemmas and in fact make ethical decisions on a daily basis. Interviews with senior executives can reveal the complexities of ethical decision making at the executive level, as personal morals frequently disconnect from the ethical culture governing the organization or the industry’s regulatory climate (Bailey & Shantz, 2018). Bandwagon fallacies—the sense that because something is normative it is ethical—predominate in the workplace. An interview with C. Linden (name altered to protect the individual’s privacy) shows how personal ethical beliefs clash with the prevailing norms and values in the field. Employee diversity adds to the complications involved in executive ethical decision-making, according to Linden. The predominant ethical challenges usually relate to balancing two equally compelling ethical objectives, or weighing the pros and cons of a decision when there are no clear black-and-white resolutions. No genuine dilemma has a straightforward……
References
References
Bailey, C. & Shantz, A. (2018). Creating an ethically strong organization. MIT Sloan Management Review. http://ilp.mit.edu/media/news_articles/smr/2018/60101.pdf
Crossan, M., Mazutis, D. & Seijts, G. (2013). In search of virtue. Journal of Business Ethics 113(4): 567-581.
Hatcher, T. (2008). The value of values in the C-suite. In Sims, R.R. & Quatro, S.A. (Eds.) Executive Ethics. Charlotte: IAP, pp. 97-122.
Hoekstra, E., Bell, A. & Peterson, S.R. (2008). Humility in Leadership: Abandoning the Pursuit of Unattainable Perfection. In S.A. Quatro & R. R. Sims (Eds.), Executive Ethics: Ethical Dilemmas and Challenges for the C-Suite. Greenwich, CT: Information Age Publishing, pp. 79-96.
MacDougall, A.E., Bagdarasov, Z. & Buckley, M.R. (2008). Applying a primary risk management model to the C-suite. In Sims, R.R. & Quatro, S.A. (Eds.) Executive Ethics. Second Edition. Charlotte: IAP, pp. 211-234.
Martin, R. (2011). The CEO\\\\'s ethical dilemma in the era of earnings management. Strategy & Leadership 39(6): 43-47.
Schwartz, M.S. (2013). Developing and sustaining an ethical corporate culture: The core elements. Business Horizons 56(1): 39-50.
Study Document
Customer Persona For Filshie Clip System
...Litigation Executive Summary
This is a report providing detailed description of Filshie Clip System’s customer persona based on the selected target market. The creation of this persona was based on a comprehensive analysis of the target market and a brief background of the company. The discussion demonstrates how professional women who are of childbearing age are the ideal target market for this stylish and effective method of contraception. We have established that customers in the target market are differentiated based on demographic factors, personal histories and expectations. These women are interested in a reversible contraception method that is safe and effective since it enables them to make decisions on getting pregnant when they want. Finally, justified recommendations with respect to the marketing mix have provided.
Introduction
Femcare is a group of companies owned by Utah Medical Products Inc. in the United States. This company has perfected Filshie Clip, a female surgical……
References
References
Antoun, L., Smith, P., Gupta, J. K., & Clark, T. J 2017. The feasibility, safety, and effectiveness of hysteroscopic sterilization compared with laparoscopic sterilization. American journal of obstetrics and gynecology, vol. 217, no. 5, pp.e571-570. e576.
Beerthuizen, R 2010. State-of-the-art of non-hormonal methods of contraception: V. Female sterilisation. The European Journal of Contraception & Reproductive Health Care, vol. 15, no. 2, pp.124-135.
De Toni, D., Milan, G.S., Saciloto, E.B., & Larentis, F 2017. Pricing strategies and levels and their impact on corporate profitability. Revista de Administracao, vol. 52, no. 2, pp.120-133.
Duran, A 2018. Sink or swim: how to create buyer personas to ensure marketing success. Forbes. Viewed 20 August 2019,
Griffin, A, Noble, CH, Durmusoglu, SS, Luchs, MI, & Swan, S 2015. ‘Chapter 3 Personas: powerful tools for designers’, in Design Thinking : New Product Development Essentials from the PDMA, John Wiley & Sons, Incorporated, Hoboken.
Johnson, S., Pion, C. & Jennings, V 2013. Current methods and attitudes of women towards contraception in Europe and America. Reproductive Health, vol. 10, no. 7, pp.1-9.
Kotler, P., & Keller, K. L. (2015). Marketing Management, Global Edition. Pearson Education Limited: Boston, MA.
Magrath, A.J 1986. When Marketing Services, 4Ps are not enough. Business Horizons, pp.4450.
Study Document
Application Of Quality And Safety Concepts
… to the waste caused by it. Besides patients paying the price through adverse health events and inconvenience, there is also an increase in litigation and administrative costs on account of such mistakes and inefficiencies (Amit, 2019). Of particular concern is: patient information exchange when patients are shifted ……
References
Bibliography
Alotaibi, Y. K., & Federico, F. (2017). The impact of health information technology on patient safety. Saudi Med J, 38(12), 1173–1180.
Amit, M. (2019, January 28). 5 Problems Which Healthcare Technology Can Solve for a Healthier World. Retrieved from Net Solutions: https://www.netsolutions.com/insights/5-healthcare-problems-which-digital-technologies-can-solve-for-a-fit-and-healthy-world/
DeSanctis, G., & Poole, M. S. (1994). Capturing the Complexity in Advanced Technology Use: Adaptive Structuration Theory. Organization Science, 5(2), 121-147.
Feldman, S. S., Buchalter, S., & Hayes, L. W. (2018). Health Information Technology in Healthcare Quality and Patient Safety: Literature Review. JMIR Med Inform, 6(2).
Halamka, J., Mandl, K., & Tang, P. (2008). Early Experiences with Personal Health Records. Journal of the American Medical Informatics Association, 15(1), 1-7.
IOM. (1999). To Err is Human: Building a Safer Health System. National Academy of Sciences.
Singh, H., & Sittig, D. (2016). Measuring and improving patient safety through health information technology: The Health IT Safety Framework. BMJ Quality & Safety, 25, 226-232.
Weigel, F., Hall, D. J., & Landrum, W. H. (2009). Human/Technology Adaptation Fit Theory for Healthcare. SAIS 2009 Proceedings.
Study Document
Investigative Conclusion And Testimony
… witnesses, fact witnesses are, therefore, not expressly required to have special expert insights, experience, or training in relation to various aspects of the litigation.
Question 9: Transcript in response to: “How do we know you are not biased in this case, choosing to report only what would ……
References
References
Adam, C. (2016). Forensic Evidence in Court: Evaluation and Scientific Opinion. Hoboken, NJ: John Wiley & Sons.
Casey, E. (Ed.). (2009). Handbook of Digital Forensics and Investigation. Burlington, MA: Academic Press.
Maras, M. (2014). Computer Forensics: Cybercriminals, Laws, and Evidence (2nd ed.). Burlington, MA: Jones & Bartlett Publishers.
Newman, R.C. (2007). Computer Forensics: Evidence Collection and Management. New York, NY: CRC Press.
Reddy, N. (2019). Practical Cyber Forensics: An Incident-Based Approach to Forensic Investigations. New York, NY: Springer.
U.S. Department of Justice (2018). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft. Retrieved from https://www.justice.gov/criminal-ccips/file/891011/download
Study Document
Shareholder Vs Stakeholder Theory
… more than Ponzi schemes feeding one another. All of this is even now coming out in the public as a result of shareholder litigation. The fact is that Musk is posing as the Messiah of sustainability in order to dupe shareholders. He needs them to keep the ……
References
References
Augustine. (n.d.). Commentaries on Sermon on the Mount. http://www.newadvent.org/fathers/16011.htm
Chen, J. (2019). Market Milestones as the Bull Market Turns 10. Retrieved from https://www.investopedia.com/market-milestones-as-the-bull-market-turns-10-4588903
Egan, M. (2018). Tax cut triggers $437 billion explosion of stock buybacks. Retrieved from https://money.cnn.com/2018/07/10/investing/stock-buybacks-record-tax-cuts/index.html
Henrich, S. (2019). Unholy alliance. Retrieved from https://northmantrader.com/2019/11/30/unholy-alliance/
Laux, C., & Leuz, C. (2010). Did fair-value accounting contribute to the financial crisis?. Journal of economic perspectives, 24(1), 93-118.
Light, L. (2019). More than Half of All Stock Buybacks are Now Financed by Debt. Here’s Why That’s a Problem. Retrieved from https://fortune.com/2019/08/20/stock-buybacks-debt-financed/
Mullen, C. (2019). People want to buy \\\\\\'local\\\\\\' food, but they\\\\\\'re not sure what it means. Retrieved from https://www.bizjournals.com/bizwomen/news/latest-news/2019/05/people-want-to-buy-local-food-but-theyre-not-sure.html?page=all
Putka, G. (2019). Insiders are selling. Retrieved from https://www.washingtonpost.com/business/economy/company-insiders-are-selling-stock-during-buyback-programs-and-making-additional-profits-when-stock-prices-jump-and-its-legal/2019/11/06/fc592f58-e493-11e9-a331-2df12d56a80b_story.html
Study Document
Elder Abuse
...Litigation Introduction: What Is Known About Elder Abuse
Elder abuse occurs at an alarming rate: around one million incidences a year and perhaps more due to under-reporting and inconsistencies in defining what constitutes elder abuse (Falk, Baigis, Kopac, et al., 2012). Roberto (2016) estimates as many as one in every ten American elders experience some kind of abuse. Unfortunately, “there is no uniform term or agreed-upon definition used among state governments, researchers, health care and service providers, and advocates,” (Roberto, 2016, p. 302). Cultural and religious diversity further impedes the evolution of a comprehensive and universally applicable definition of elder abuse, in spite of the fact that some forms of abuse and certain instances can be considered unequivocal (Saghafi, Bahramnezhad, Poormollamirza, et al., 2019).
Some types of abuse may go undetected, such as financial abuse or identity theft, which could go unnoticed for years. Healthcare workers often feel powerless to intervene……
References
References
Falk, N. L., Baigis, J., Kopac, C., (August 14, 2012) \\\\\\\\\\\\"Elder Mistreatment and the Elder Justice Act\\\\\\\\\\\\" OJIN: The Online Journal of Issues in Nursing 17(3).
Forum on Global Violence Prevention; Board on Global Health; Institute of Medicine; National Research Council (2014). Ethical considerations. Washington (DC): National Academies Press (US); 2014 Mar 18.
Lacher, S., Wettstein, A., Senn, O., et al. (2016). Types of abuse and risk factors associated with elder abuse. Swiss Medical Weekly 2016(146): 1-10.
Lachs, M.S., Teresi, J.A., Ramirez, M., et al. (2016). The prevalence of ersident-to-resident elder mistreatment in nursing homes. Annals of Internal Medicine 165(4):229-236.
Malmedal, W., Iversen, M.H. & Kilvik, A. (2014). Sexual abuse of older nursing home residents: A literature review. Nursing Research and Practice 2015(Article 902515): http://dx.doi.org/10.1155/2015/902515
Roberto, K.A. (2016). The complexities of elder abuse. American Psychologist 71(4): 302-311.
Saghafi, A., Bahramnezhad, F., Poormollamirza, A., et al. (2019). Examining the ethical challenges in managing elder abuse: a systematic review. Journal of Medical Ethics and History of Medicine 2019(12): https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6642445/
Wangmo, T., Nordstrom, K. & Kressig, R.W. (2017). Preventing elder abuse and neglect in geriatric institutions: Solutions from nursing care providers. Geriatric Nursing 38(5): 385-392.
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