Title: Cross-Border Mergers – Mergers are business transactions that happen between two companies where one takes over entirely or part of the other business. Cross-border mergers are mergers that take part between companies from different countries or nationalities. Cross-border mergers can be classified as either inward or outward; the former occurs where a foreign company acquires a domestic company and the latter occurring when an international company is wholly or partly purchased. These cross-border mergers have been on the rise since the 1990s and are increasingly taking place in different industries. Typical industries that these cross-border mergers take place include the pharmaceutical, automotive as well as telecommunications sector.
mergers are a strategy for companies to expand into markets that they think are
profitable and are a vital key to the success of their products and services.
But due to the international aspect of these mergers, various challenges face
the companies involved for example the difference in economic, cultural and
institutional aspects and these can be a major impediment to the success of
An example of a failed cross-border merger is the merger between Daimler-Benz from Germany and Chrysler from the United States of America. This merger took place in 1998, and the result was the formation of Daimler-Chrysler Company. This merger was viewed as the union of two great automotive companies but sadly it was not a success (Rosenbloom, 2010). Looking into the reasons for the failure of this cross-border merger, several issues can be found to be the reason behind its failure. One of the key reasons behind the failure of the merger was the cultural difference between the two countries.
The German cultures were seen to be the most dominant in the company, and this led to the satisfaction of employees at Chrysler who were predominantly American to drop off. This cultural mismatch is seen to be the main reason behind the failure of this merger and nine years late Chrysler was sold off to Cerberus Capital Management after a string of losses and employee layoffs.
Another reason behind the failure of the cross-border merger between Daimler and Chrysler was the differences between the two companies’ operating styles. The organizational structure implemented at Daimler was a tiered organization that had a clear chain of command and respect for authority. This structure was a direct contrast to the approach at Chrysler that implemented a team-oriented and open plan (Pervaiz, M., and F. Zafar, 2014).
The result was a lack of harmony as well as opposing work styles between the German and American managers at the company. It can be seen that since Daimler was the one that took over Chrysler, it tried running the American company’s operations just like it was doing in Germany (Appelbaum, Roberts, and Shapiro, 2013). If this issue was to be avoided, a focus on the different organizational culture should have been carried out so as to define the various management styles, the similarities as well as the differences and tried to come up with a common ground that could be implemented in the merger.
To summarize the
key factors behind the failure of the merger between Daimler-Benz and Chrysler,
it can be deduced that the following three issues were behind it all:
cultural differences and values
of trust between employees
organizational structures leading to a lack of coordination between the employees.
According to Qiu (2010) the failure of the Daimler-Chrysler merger had far-reaching financial implications and was a disappointment to what would have been one of the most successful mergers of all time. If this merger had worked out, the company would have had a significant stronghold on the automotive market making it one of the largest automakers in the world and giving it super profits and access to a vast customer base. The competitive advantage that stood to be gained by this merger would be second to none, but this was never to be.
This benefit would have been achieved by the design and production of joint projects by the two companies instead of still competing in the market as separate entities, yet they were from one stable. The merger would have been handled better by focusing on the general issues facing the companies and not the cross-border problems that led to the discontent displayed by the two. Integration workshops would have also been held in a bid to ease the cultural integration between the two companies as well as orient the employees to the new corporation corporate strategy
The result of
this failed merger was a lesson to other businesses that would be having the
plan to take part in cross-border mergers.
Appelbaum, Steven H., Jessie Roberts, and
Barabara T. Shapiro. “Cultural strategies in M&As: Investigating ten
case studies.” Journal of
Executive Education 8, no. 1
Rosenbloom, Arthur H., ed. Due diligence for global deal
making: the definitive guide to cross-border mergers and acquisitions, joint
ventures, financings, and strategic alliances. Vol. 8. John Wiley &
Qiu, Larry D. “Cross-border mergers and
strategic alliances.” European
Economic Review 54, no. 6
Pervaiz, M., and F. Zafar. “Strategic
Management Approach to Deal with Mergers in the era of Globalization.” International Journal of
Information, Business and Management 6,
no. 3 (2014): 170.
Insider trading is
malpractice that involves buying and selling stocks using information that is
not available to the public. The practice gives some traders an unfair
advantage over others, and it is a punishable crime. Insider trading is
commonly found among the corporate officers or people who receive the
non-public information. Traders are always tempted to carry out this
malpractice to make more profits than others or avoid losses. This act is
illegal, and the Securities and Exchange Commission usually investigates and
prosecutes it. However, insider trading can be legal if the trading is done based
on information that is available for public use. This papers aim is to discuss
why insider trading is considered unethical and finding out if allowing insider
trading would hinder the operation of the stock market in raising capital for
new and existing companies.
Is Insider Trading Ethical?
Insider trading is unethical because it involves exploiting the knowledge that is only known to a few people. The insiders are usually given an unfair advantage that allows them to benefit from information of the stock market before the general public. These people get to exploit the opportunity before the rest making accumulative profits and avoid risks. Generally, insiders ought to maintain a fiduciary relationship with their companies and shareholders so when they try to benefit from the inside information puts their interest above the people they serve. The practice is unethical since the insiders are supposed to protect the interests of the entities they serve rather than using it to their advantage.
There are other times the people on the inside divulge the information to the people on the outside (Alldredge, 2015). The process involves a tipper and a whistle-blower, with the tipper being the person who divulges the information to the outsider and the tepee the receiver of the data. The whistle-blower then utilizes the information obtained to seek profits or avoid financial losses in the stock market. As much as the tippler may not benefit directly, it is still unethical since it makes some people gain unfair advantages over others.
In most cases, insiders are after personal gains at the expense of the investors and the company at large which is unethical. On moral grounds such as actions are unjust and are termed as a fraud. The investors feel unsafe and insecure to invest since they lose trust that they hold to the insiders.
Any interests in a stock market must look after the interests of all shareholders and not just favoring a few (Skaife, 2013). Generally, insider trading betrays investors’ trust; insiders act on data that is not available to shareholders for monetary gains, officers of a company are acting to satisfy their interests. The insider trading is an unethical practice and should be checked on and brought to a stop.
However, there some people who argue that insider trading is not a bad practice. Such people insinuate that insider trading allows for all the relevant data to be reflected in the shares’ price. The process makes the security it easy for investors to understand the costs before purchasing the shares (Alldredge, 2015).
In such situations, potential investors and current shareholders are able to make informed decisions on purchase and sale respectively. Another argument is that barring the practice delays something that will eventually take place. Blocking investors from accessing the information on the price changes can subject them to buying or selling shares at losses which could have been avoided if the information had been available.
Insider trading hinders the operation of the stock market in raising capital for the new and existing forms. Instances when a few people benefit from the stock’s information, investors lose trust in the company hindering them from participating in the activities of the stock market. The process leaves the stock markets with nowhere to gets funds consequently affecting the market’s ability to carry out its operations. Without the services then it becomes difficult for the stock markets to finance new or existing companies (Skaife, 2013).
Additionally, when insiders reveal security’s information to some people before the sales take place, the stock markets become integrated affecting the stocks prices. The stock market fails to exploit the pricing advantage since buyers already know what to expect. The process may cause the market to suffer losses making it difficult for the market to raise cash for other firms. Generally, insider trading is allowed to continue, and it can lead to many investors being driven away and avoiding the practice.
affects general business management and decision making. Managers may make
wrong on a particular situation using the inside information which is not
reliable all the time. On top of that, insider information influences investor
decisions impacting the stock’s market price or valuation. For example, when
the investors are aware that the price of shares is going to drop they sell
their shares in advance to avoid losses consequently impacting a firm’s stock
insider practice is an unethical practice since it favors some people over
others. The people on the side get to exploit nonpublic information for their
benefits at the expense of the investors. The investors lose trust in the whole
process of stock exchange and with time they get driven away. The method may
leave the stock exchange market with funds that are needed to finance upcoming
and existing companies. Insider trading is unfair and unethical since it
involves lying to the investors and should be stopped to avoid negatively
affecting the economy.
Alldredge, D. M., & Cicero, D. C. (2015). Attentive insider trading. Journal of Financial Economics, 115(1), 84-101.
Skaife, H. A., Veenman, D., & Wangerin, D. (2013). Internal control over financial reporting and managerial rent extraction: Evidence from the profitability of insider trading. Journal of Accounting and Economics, 55(1), 91-110.
Coca-Cola is a multinational company which has been in the market for a long period of time. For it to survive, the company has adopted proper planning and strategies to its market and customer base. The main theme has been to make Coca-Cola products a refreshing beverage to all people. This theme has been maintained because the company has more than three thousand beverage products that market and customer. t are consumed by its portfolio. In order for this drink to be available to every part of the globe, Coca-Cola has so many companies that help in product distribution (Jones and Comfort, 2018). To have such a range of the beverage products selling well globally require proper strategic plans and marketing strategies. This is because the product has to penetrate through to customers of different cultures, tastes and preferences. Moreover, a strategy which works in one country might not work in another country. For instance, there have been campaign logos like a ‘delightful winter or summer drink’ which have been growing on the media. This advert logo was indicative that Coca-Cola products can be consumed at all times, all year round.
Coca-Cola Strategy, Vision and Mission
The second theme concerns the strategy, vision and mission of this company which are always progressive to make Coca-Cola beverages the first drink of choice by the customers on all occasions any time. The vision, mission and strategy for this company combined at the moment focused on vision 2020. While in 1989 F. David had developed nine components of the mission namely: technology, products, customers, philosophy, location, self-concepts, survival, public image concerns, and employees concerns. Currently, these components have changed and reduced to five, namely: people, portfolio, planet, profits and productivity. Out of these, the company has placed more emphasis on the component of people.
In this case Coca-Cola provides a good working environment through inspiration, and by supporting customers through supporting sustainable community projects. There are links between the former and the current these because some of them have been merged to reduce them from nine to five, while maintaining the final aim. At that time (1989), the mission and vision of the Coca-Cola Company was to sustain the business, improve the public image and meet the concerns of its employees. Once the component of people is properly handled, then customer and employee loyalty increases and hence more sales and profits. Coca-Cola engages in corporate social responsibility, then customer and employee loyalty increases and hence more sales and profits.
A priority task to provide self-interest as well as care to the people and environment (Smarandescu and Shimp, 2015). Thus, the company has been producing disposable bottles annually. Based on the strategy of making positive contributions to all stakeholders, Coca-Cola USA has partnered with the government to encourage recycling of wastes materials.
Coca-Cola Mission Statement
The major role of the mission statement for a large organization like Coca-Cola is to make the customers, employees and other stakeholders aware about details of what the company is all about as well as the goals of the company (Gertner and Rifkin, 2018). The three mission statements of Coca-Cola are: to refresh the world, inspire moments and happiness, and to create value and make difference. By inspiring moments and happiness, Coca-Cola offers to its customers the beverages of high quality which refreshes their world and creates inspiration via the identity of their brand. The company creates value to stakeholders by participating in sustainability practices which benefits all stakeholders.
An example is the sponsoring of community based activities that have a common good. However, there some contradiction with regards to this mission due to increased solid waste, until the company gets to a point where they can reduce a large portion of the generated wastes. To refresh the world, Coca-Cola has engaged in innovative practices to produce so many beverage brands for its customers globally. From the perspective of Coca-Cola Company, the three points of mission statement have made the company the leading beverage company for so many years.
In the 1980s, most companies were aligned to continued improvement so that a business could survive for a number of years. However, Coca-Cola aligns to the portfolio aspect vaguely, although these companies have been in the process of increasing quality of the products for the consumers through continued improvement.
have come to clearly understand the significance of strategy and planning in a
business organization. Without plans that are geared towards the customers, a
business is bound to fail. This is because the interest of the customers is the
Considering a company like Pepsi, their vision statement has lid more emphasis on financial performance. However, by concentration on meeting customer expectations and creating a loyal brand, sales and profits follows suit. However, this company also has statements similar to those of Coca-Cola such as corporate social responsibility and sustainability practices.
Coca-Cola has gone a step further to involve its staff in supporting various actions, more so the charity organizations, such as the Wings and Wishes. This is because, in some instances, poor or lack of philanthropic image can damage the long term plans of an organization. This is takes especially when the customers fail to appreciate the efforts of the corporate organizations.
There are a number of advantages and disadvantages associated with teamwork. For instance it increases productivity because a task is distributed based on the teams’ individual abilities. This division of tasks in teams also avoids task duplication and saves time (Costa et al., 2014). It also increases motivation where every team member feels as part of the team. However, teamwork could be associated with some disadvantages too. For example, there might be unnecessary wastage of time, especially when making decisions. This is because each team member has their own opinions and this might take a long time before the final decision is arrived at.
In assignment, since I was not in a group, I found challenges in completing the assignment. While it was easy for me to make decisions on the materials to use for the assignment, I took a long time to compile the important materials and come up with the final output. However, I have learned to make rational decisions and to utilize time properly especially when tasked with a complex issue to solve. Moreover, since I was not in a group I have learned innovative methods when handling complex and challenging tasks so as to come up with a fine output based on the requirements.
Jones, P. and Comfort, D., 2018. The Coca-Cola Brand and Sustainability. Indonesian Journal of Applied Business and Economic Research, 1(1).
Smarandescu, L. and Shimp, T.A.,
2015. Drink coca-cola, eat popcorn, and choose powerade: testing the limits of
subliminal persuasion. Marketing Letters, 26(4), pp.715-726.
D. and Rifkin, L., 2018. Coca‐Cola and the Fight against the
Global Obesity Epidemic. Thunderbird International Business Review, 60(2),
Costa, P.L., Passos, A.M. and Bakker, A.B., 2014. Team work engagement: A model of emergence. Journal of Occupational and Organizational Psychology, 87(2), pp.414-436.
In this post we will give you an insight into our Top 10 Business Studies Essays for college and university students. These essays and assignments will prove valuable reading and will assist you in structuring your own business studies assignments. We have many titles that will help university business studies students. Subject areas that we provide include: business management, HRM, marketing, economics, finance and accounting, all of which will be covered off in a business studies degree.
Below are some outstanding business studies essays and assignments to get you started. Be sure to reference all material in accordance with your university’s guidelines and code of conduct.
Innocent drinks was created in 1999 by three young entrepreneurs and has been 90% owned by The Coca-Cola Company since 2013. They produce smoothies, juices and veg pots which are sold in the UK and in a few European countries. The innocent drink brand values are healthy, natural, sustainable and ethically responsible. These values are reflected in their products, made exclusively with natural and sustainable sourced ingredients, with no added sugar and no concentrate, and whose 10% of profits go to charity. Innocent drinks communicate their brand values through above-the-line and below-the-line advertising by using subtle marketing techniques that seek to communicate the brand’s personality. According to academics core values are essential to defining the corporate brand identity and support the brand promise being made to the customer, and they guide internal and external brand building.
Managing Human Capital
Human resource is the most crucial asset of a firm since the organizational growth and profitability are determined by the effective human resource management, according to Reece (2013). When a firm successfully places the best employee to the suitable position, the productivity tends to increase. In this case, an effective and efficient employee adds value to the organizational well-being. The employees of a firm deal mostly with the customers and service delivery to the customers is determined by the level of motivation to the employees. A motivated employee tends to engage with the job with higher intensity and persistence. This higher intensity and persistence result in quality and timely service to the customers. Hence, customer satisfaction is closely linked with the employee motivation. Employee satisfaction as well as customer satisfaction leads to the organizational growth and profitability for a firm, claimed by Truss et al (2012). In this case, the role of customer satisfaction on sales turnover can be referred. When customers are satisfied, the loyalty of the customers increases. Besides this, the customers also do word of mouth marketing for the firm which lead to growth in sales. Thus, the profitability and growth of the firm is ensured.
Corporate Finance – Mergers and Acquisitions
Business organisations are primarily instituted with the rationale of maximizing shareholder value through growth. To achieve this end, businesses will have to operate in a competitive landscape characterized by high uncertainties. Given the kind of environment they operate, businesses can be affected by financial volatility such as the credit crunch of 2008. One of the strategies to offset this financial distress is through Mergers and Acquisitions (M&A). This report will carry out a performance review in the banking sector on the acquisition of Halifax Bank of Scotland (HBOS) by Lloyds Banking Group within the precarious times of the global financial recession in 2008.
Drawing on qualitative and quantitative information this report aims to establish the profitability effect of the acquisition on acquirer. The report also reflects on the rationale that necessitated this acquisition and the effect its announcement had on shareholder value. Secondary data in the form of profitability ratios (2004 to 2013) will be sourced from OSIRIS and FAME financial databases. Other qualitative information for analysis will be sourced from annual reports of the banks and credible news agencies. Share prices to be used to perform the event study will be sourced from Yahoo Finance. Performance indicators in the form ratios will be analysed using graphical interpretation of results with the help of Microsoft Excel. The event study will be performed using the market model in deriving the abnormal returns on the day of the announcement. The performance of the acquirer will be bench-marked through a trend and peer analysis review.
Psychographic Segmentation Of Luxury Goods
Market segmentation can be defined as the division of a market into smaller segments of buyers with distinct needs, characteristics or behaviors that might require separate marketing strategies or mixes. Psychographic segmentation is a mechanism of market segmentation that is utilized to divide the heterogeneous whole market into sub markets whereby each individual shares homogeneous traits, socioeconomic statuses, personality or behavioral characteristics. The luxury goods industry is a market that consists of copious products that present themselves as being of superior quality and functionality in juxtaposition to competitors, while also attaining esteemed regard and a high perceived quality by consumers in the market.
This report fundamentally examines the luxury goods industry with relation to aspects such as size, brand leaders, competition, market trends and consumer decision making, while subsequently utilizing theoretical knowledge of psychographic segmentation to explore managerial implications and strategies associated with the presence of certain consumers in the luxury goods industry. All information will be substantiated by expertise knowledge in the form of peer-reviewed journals, while also utilizing market-specific information derived from the passport database to enhance statistical and theoretical knowledge of the industry, and the methods of psychographic segmentation implemented to assess the luxury goods market.
Leadership – A Critical Assessment on Leader-Member Exchange (LMX)
Leadership is the key to ensuring the desired efforts by different parties within a firm to achieve the goals and visions whereby the stakeholders are inspired and motivated for the achievement of individual goals as well as organisational goals. As the application of proper leadership theory can ensure the growth of a firm, the choice of leadership theory is often described as a complex decision to make. Considering the vision and mission of a firm, the leaders must choose to implement a leadership theory that can truly contribute to the organisational growth as well as employees’ professional development.
Through innate qualities and hard work, leaders make a firm competitive in the industry. On the other hand, by showing flexibility; leaders transform their leadership style based on the opportunities and threats from the internal and external environment. In this paper, by focusing on a single approach different theories of leadership are assessed comprehensively. These theories of leadership are the benchmark for leaders to reinforce their control throughout the organisation. Leader-Member Exchange (LMX) theory of leadership is critically assessed in this paper to comprehend the development and implication of the theory in organisational framework.
Professional and Personal Development – Leadership Theories
To be a successful leader in any organization, leadership theories help to give guidance of skills and character to people. Several leadership theories like trait theories, contingency theories, behavioral theory and Leader –Member Exchange theory will be described here that helps to give different guidance in different situations. Among all these leadership theories, trait theories are one of the effective theories. In this study, Trait theories significance and empirical reviews are determined properly that helps to determine habitual pattern of behavior. Traits are different in different situations in different types of people that influence behavior. Leaders should be transforming their leadership styles in different situation to adjust with market demand and to enhance leadership qualities and approaches. When leaders can get effective leadership skills and attributes, then they can handle any type of situation easily and enhance organizations well-beings as well as individual development.
The objectives of this study are given here:
To analyze some leadership theories and determine one important and effective leadership theory
To inscribe a reflective evaluation of preferred theory to understand substantial body of academic and professional knowledge about this theory
To trace out development of leadership approach
Marketing Analysis on Red Bull Company
Red Bull was the first company to offer Energy Drinks throughout the world, creating a completely new category on the consumer beverage marketplace, therefore becoming synonymous with energy drinks for a large number of consumers. This new category of Energy Beverages is sold in over 169 countries worldwide, making Red Bull Energy Drink market extremely broad. The product Red Bull sells is of course the drink and as described above there are some variants, but in the essence it is all based on the traditional recipe of the energy drink. Red Bull offers the customer a refreshing beverage that includes various stimulants. However a big part of the product is the branding; e.g. the substance found in the cans of Red Bull might seem extremely similar to competitors, the brand name, including the iconic packaging, is what defines the product that is offered by Red Bull and creates value for the customer.
Marketing Management Energy Drink Industry
Managing and appraising the funds and activities of firm relates with the marketing management. In order to reduce the costs and increase the profitability of a firm, managing the marketing issues effectively is crucial. A start-up energy drink company has decided to launch their products. In this case, the United Kingdom (UK) environment will be considered to assess the internal and external environment of the new firm. With the help of different models like PEST, SWOT, Five Forces, etc. the firm’s internal and external issues as well as competitive factors will be assessed. A marketing plan will be developed considering the SMART objectives along with the 7P analysis of the firm. The energy drink industry is a competitive industry with giants like Monster, Rockstar, Red Bull, etc. operating in the industry. To formulate the marketing strategy of the start-up, a critical assessment of the marketing and promotional assessment of the giant firms will be conducted.
Strategic Management – British Airways Business Environment
Strategic management deals for better arrangement of corporate strategies and strategic significance to maintain optimum administration practices. Any business strategy gives the guidelines and ways of enhancing company’s profitability and achieving competitive advantages. This report will be described several terms and concepts of strategic management based on British Airways Company. As a consultant of British Airways, I have to suggest business new or incremental strategy for business resilience and sustainability. At the very first part of this report, internal and external environmental factors will be described by using SWOT analysis and Porters five forces model. A new or incremental strategy will be recommended based on company’s strategic capabilities, competitive analysis and organizational structure. Recommended strategy will be critically analyzed and developed a relationship with human resource capital, financial conditions, operational conditions and technological conditions in the second part. Change management program will be determined in the last part of this report and factors to be determined that may hamper or enhance change management program here.
Consultancy Report – GlaxoSmithKline (GSK)
This report has focused on the need for strategic change within GlaxoSmithKline (GSK) a UK based global pharmaceutical manufacturer and distributor. The report has identified the strategic need of change within the international value delivery system of GSK. This report has identified that GSK is facing problem with its current hierarchical organisational culture which has been resulted in interrupted organisational communication and inefficiency in the value delivery process. The factors driving the change process are volatile financial performance, changing customer buying behaviour and the intensity of the market rivalry. McKinsey’s 7S Change Model has been suggested to bring the strategic change within GSK. The challenges to the change process that have been identified are employee resistances to change, resource constraints and ideological resistances to change. The change process is aimed at enhancing organisational efficiency, organisational value, uninterrupted organisational communication and employee engagement.
Analysis of Supply Chain Management at IKEA
The purpose of the paper is to evaluate three dimensions of supply chain management at IKEA. The supply chain management is wide concept and IKEA retail business is familiar with it. The IKEA business is being evaluated in its first dimension the structure adopted by it. Logistics structure, supply chain structure and product development structure are being studied in this report. The second dimension of report has showed that what kind of issues and problems in its current logistics structure. Lastly, it has showed that how structure is recommended so that it can meet challenges in future while adopting business in most competitive business. The first part of report also showed that what is uniqueness of business and show it has adopted that uniqueness ideally. The business nature of business and retailing process development are core elements of report. The main concern of report is to identify that how much IKEA is responsible towards society and its customer and even with its suppliers. This is only possible with low cost production, just time model n supply chain management and cost effective supplier selection. The report has ensured with several mindsets about supply chain management that how IKEA is leading in retail industry.
Cultural Influence on International Marketing
The era of globalization is here as economies are integrating with other economies, expanding and are exposing themselves to universal marketing decisions. Marketers in the international market need to understand that promotion of a product is adversely affected by cultural patterns in various countries. The demand trends for various products and choices of people depend on cultural values, customs, and tradition of a specific region. Culture is depicted entirely by the attributes and way of life of a particular group of people. This entails the way people speak, believes, their dressing styles, learning, attitudes values, and norms. Many factors are there which affects the marketing process for a product like economy, competition, target market, and budget but culture play an essential role on impacting consumer preference which was not seen as a critical element many years ago. Marketing processes relate to planning, product promotion to cope with cost control, maintaining quality and competition.
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The existing competitive business environment requires the entrepreneurs to identify unique problem-solving strategies to make them overcome competition. Hence, it is vital for them to protect their exclusive creation from other parties who can benefit from the knowledge. Plainly, intellectual property is a new invention that results from the creativity of an individual who has full entitlement to it. Such ideas need protection to deter other parties from using them in making a profit without the consent of the owner. Particularly, the possessors need a statutory protection of their products by registering them to ensure that they can legally claim the ownership of the invention. Different intellectual properties provide complete cover to various kinds of new ideas. Considerably, Sam had an intellectual property right over the list he created despite committing a tort by shoving Natalie.
Specifically, there are four broad categories of intellectual property which include copyright, patent, trademark, and trade secret (Posner, 2005, p. 66). Markedly, copyright deals with the original works of authors, film producers, or programmers. Thus, they include books, movies, computer programs, and articles among others. Ideally, a patent is an invention of an object that improves its performance. On the other hand, trademark involves symbols, words, or a phrase that uniquely identifies a person or a company. Finally, trade secrets are secret formula or information possessed by an individual to gives him or her competitive advantage over others. Sadly, the information that falls under this category are not original enough to merit the protection of copyright, neither are they novel to sufficiently guarantee a patent protection. Nevertheless, the endorsement of the federal law limits the theft of trade secrets (Kinsella, 2001, p. 5). Agreeably, Sam’s client list falls into this category since it gave him an advantage over other employees and he needed to keep it private, justifying his actions by copying the files without the knowledge of the authority.
Essentially, the law provides for the best plans to incorporate in safeguarding the fresh ideas that other people may steal. As in the case with Sam, he had his client list that he did not want any other party to access. Since he did not want to follow the lengthy procedure that the law requires in registering newfound knowledge, he decided to keep the data without the assistance of the authority. Unfortunately, his choice proved costly because he stored the data in the workstation of ABC Paper Corp. Interestingly, keeping the data in the computers of the company gave the firm a right to the information therein (Posner, 2005, p. 68). Therefore, leaving his client list in that location granted the company all the rights over the details in his file. Consequently, Sam was to communicate with the relevant authorities regarding the information stored on their computers rather than sneaking into the room of equipment and plugging in his drive. Thus, the first unethical act committed by Sam was accessing the room and the computers without authorization.
Moreover, plugging a drive into the computer of the firm was unethical. Most enterprises forbid employees from plugging in external drives into the company’s computer system since such actions lead to loss of valuable information, access to private data, the spread of malicious software, or spying the network. Given that Sam was committing a prohibited activity, Natalie had to act. Since he suspected that he had committed an offense, he resolved to run away instead of explaining his actions to Natalie. As a result, Sam’s behavior confirmed to the boss that he had been compromising the security of the company. Unfortunately, he shoved Natalie aside in her attempt to prevent him from escaping. Undoubtedly, all the negligent acts of Sam were unethical. Henceforth, although he sought after his client list, the procedures he used convicted him for criminal activities.
In essence, the government has established laws to protect the public from undue injuries. Accordingly, tort laws safeguard and handle the treatment of the injured individuals due to the recklessness of another party. A tort occurs when a person inflicts an injury on another person and the latter sues for the damages caused (“Babcock Law Firm,” 2017). Usually, an injury case can result in different categorizations that require the law to have defined procedures for handling each occurrence. As a result, tort lawsuits are the largest group of civil litigation (“Babcock Law Firm,” 2017). However, there is three generalization of the types of injuries handled by the law namely negligence, intentional torts, and strict liability.
Accordingly, intentional torts result from the purposeful engagement in an activity that can cause damage to another person. For instance, initiating a fight against another person exposes the offender to an intentional tort. On the other hand, negligence tort illustrates the every citizen has the moral code of conduct that one should follow. Failure to adhere to such rules poses a risk to other individuals and can lead to injuries or damages. The occurrence of these injuries does not rely on the planned activities of the offender but the carelessness of the party and failure to grant the obligation owed to another. Agreeably, this is the most common type of tort (“Babcock Law Firm,” 2017). Undoubtedly, Sam committed negligence tort when he shoved Natalie aside while escaping interrogation. He did not intend to injure her, but the push caused the concussion. In truth, Sam failed to follow the procedures of safeguarding his data and acquiring the same. Therefore, he resolved to other activities that threatened another party, Natalie. Truly, he was the only offender who committed a tort.
Most of Sam’s actions subjected him to criminal liability. Specifically, he plugged in his external drive to the computer without the authorization of the firm. After that, he decided to run away when the boss arrived to investigate the matter. He was supposed to explain the issue to Natalie instead of fleeing. Escaping made him guilty of committing an unknown offense. During his escape he shoved Natalie aside, committing the negligence tort. Hence, due to the illegal entry into the company’s workstation, copying the data, and causing injury to Natalie, Sam was criminally liable for his acts.
All in all, intellectual property ensures that the new works of people are safe from access by other individuals. Accordingly, Sam’s client list merited trade secret protection since it gave him a competitive advantage over others. Throughout his dealings, Sam faced criminal liabilities which include a negligence tort when he caused injury to Natalie. Therefore, his poor plans in protecting his intellectual property put him at risk of prosecution.
Kinsella, N. S. (2001). Against intellectual property. Journal of Libertarian Studies, 15(2), 1-53.
Posner, R. A. (2005). Intellectually property: The law and economics approach. Journal of Economic Perspectives, 19(2), 57-73.
The 3 different types of tort law. (2017). The Babcock Law Firm LLC.
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