Statutory Background Of Facta Litigation Essay - 939 Words

Before addressing the specific claims of this Comment, it is necessary to examine the statutory background of FACTA litigation, the realities of class action  § 1681c(g) litigation, the case law establishing what constitutes â€Å"willfulness,† and the standards for a 12(b)(6) motion to dismiss. Sections I.A and I.B will examine FACTA and its underlying policies, as well as the reasons for the temporary safe harbor Congress later created for violations of the expiration date requirement. Next, Section I.C will explore the realities of  § 1681c(g) litigation, particularly the massive liability that defendants face from the aggregation of statutory damages via class action suits. Third, because the recovery of statutory damages depends on showing that a defendant willfully violated FACTA, Section I.D will explore Safeco, the Supreme Court decision establishing the meaning of willfulness in FACTA cases. Finally, Section I.E will examine the â€Å"new† pleading standard s established in Twombly and Iqbal in order to better inform the later discussion of pre- and post-Iqbal 1681c(g) case law. A. The Fair and Accurate Credit Transactions Act Congress passed FACTA on December 4, 2003, amending the Fair Credit Reporting Act (the â€Å"FCRA†). FACTA was intended to address identity theft by, among other provisions, requiring lenders to identify and respond to possible indications of identity theft, giving consumers greater control over their credit history and information, and establishing the rights

Business Strategy And Managing Changing Environmental...

Business Strategy and Environment Article: - Business Strategy and Firm Reorganization: Role of Changing Environmental Standards, Sustainable Business Initiatives and Global Market Conditions Index Sr. No. Description Annexure Page No. 1. Introduction A 02 - 03 2. Key Points B 03 – 06 3. Marketing Sustainability C 07 4. Conclusion D 08 5. References Introduction: Business Strategy and Firm Reorganization in Terms of Environment Sustainability Effective Business strategy is a key to success for any business organization, in this era of Globalization and fastest communication ICT modes, while Business are getting faster and excess of production with latest tools and techniques, the very same time issue of sustainability and Environment is a growing concern. The early 1990 saw a worldwide economic slowdown, from 1980 is to 1990s price reduction and falling profits were the problems faced by paper and pulp industry. Therefore, in order to counter the problems that were being faced; Management of USA and Scandinavia European countries with slightly difference of Methods and Technology and Research and Development, found and implemented various methods in terms of Market trends, Cost-effectiveness, Environment and Sustainability concerns, Supply chain Management and Reorganization/decision making. Although, the environment impact of Paper andShow MoreRelated The Concept of Corporate Social Responsibility Essays1687 Words   |  7 Pagesincreasing numbers of organisations are incorporating CSR into their business operations in an effort to be seen acting as good corporate citizens, so what is CSR what is its role in todays organizations? The term CSR refers to a company?s obligation to maximize its positive impact on society, accommodating changing social, market stakeholder pressures in an effort to achieve sustainable economic, social environmental development throughout its operations and activities. CSR puts expectationsRead MoreNestle Supply Chain Case Study Essay2335 Words   |  10 Pages2012, para. 31). This directed the company on the path of incorporating sustainability and the concept of creating shared value within its value chain to match the companies’ core concepts and business values with regards to the triple bottom line. This paper centers on Nestlà ©Ã¢â‚¬â„¢s role in the future global food system and how partnering with competitors and suppliers impacts sustainability within the supply chain, the potential conflicts Nestle faces as a leader in the chocolate, dairy, and coffeeRead MoreBusiness Case of Csr1677 Words   |  7 Pages(course: Business in Sustainable society) assignment 2 Business case of CSR Abstract On the tracking thread toward understanding the concept and aspects of a sustainable business in this course, the inclusive wide concept of corporate social responsibility is an key approach which feeds sustainable development pattern. This paper aims to look at the CSR concept in relation to business case issue and argue the business case of CSR in different positive or negative perspectives. Read MoreEssay about Definition of Sustainability and a Good Structure of It3277 Words   |  14 PagesToday, by no means it is certain our society has the capacity to ensure that the nine billion people expected population on earth by 2050 would all be able to achieve a basic quality of life. The earth’s ecosystem is deteriorating and the climate is changing. We are consuming so much, and so quickly, that we are already living far beyond the earths capacity to support us. And yet, nearly a sixth of our fellow humans go to bed hungry each day: both an unnecessary tragedy and a source o f social and politicalRead MoreCorporate Social Responsibility: Global Definition of Csr, Impact of Csr on Smes, Best Practices, and Strategies Could Be Implemented in Bangladesh.10265 Words   |  42 PagesIntroduction Business and society are interdependent. The wellbeing of one depends on the wellbeing on the other. Companies engaged in CSR are reporting benefits to their reputation and their bottom line. We cannot build the case for CSR solely because of its economic benefits - an ethical case must be made for companies taking responsibility for the impact of their relations with society and the environment, otherwise the foundations of CSR will be far too narrow. However, Corporate SocialRead MoreIntroduction Traditionally, financial reporting discloses only financial information to determine2600 Words   |  11 PagesIntroduction Traditionally, financial reporting discloses only financial information to determine its financial performance. However, nowadays, success of one business is no longer solely depending on monetary gain, instead the impacts of companies’ activities have on society and environment as a whole is highly important. This trend has come across to increase the public expectation for organization to take responsibility for their non-financial impacts for example the impacts on the environmentRead MoreBackground of Csr5929 Words   |  24 PagesBackground of Corporate Social Responsibility 1 Section Name Goes Here 1 1.1 Evolution of csr: A Short History â€Å"We believe that the leading global companies of 2020 will be those that provide goods and services and reach new customers in ways that address the world’s major challenges—including poverty, climate change, resource depletion, globalization, and demographic shifts.† Niall Fitzgerald, former ceo Chairman, Unilever Debates over the concept of csr span from the 1930s toRead MoreThe Impact Of Iso 14001 On Asian Firms5604 Words   |  23 PagesTHE IMPACT OF ISO 14001 ON ASIAN FIRMS 1, Challenging World of Business in Asia Firms in developed countries have been faced with increasing amounts of pressure to manage and evaluate the impact of their activities on environment as the impacts went well beyond local and regional levels since around the 1970s. Following the developed countries, the same concern has become increasingly obvious in Asia as most of Asian industries have been developed through the export driven style economy and thisRead MoreReport on Human Resource Management on Nestle Kabirwala Ltd.12369 Words   |  50 Pages Nestlà © is today the world’s leading food company, with a 135-year history and operations in virtually every country in the world. Their principal assets are not office buildings, factories, or even brands. Rather, it is the fact that they are a global organization comprised of many nationalities, religions, and ethnic backgrounds all working together in one single unifying corporate culture. Their culture unifies people on all continents, with roughly half their factories and people located inRead MoreSustainability7193 Words   |  29 Pagesspearheaded the initiative which ultimately led to the earth Summit in 1992), published in 1987 by the United Nation’s World Commission on Environment and Development, defined sustainable development as â€Å"Meeting the needs of the present without compromising the ability of future generations to meet their own needs†. Sustainability has been used more in the sense of human sustainability on planet Earth. At the 2005 Wo rld Summit it was noted that this requires the reconciliation of environmental, social and

Nirvana Art Gallery free essay sample

Nirvana Art Gallery Nirvana Art Gallery Case study analysis Case study analysis 1. Executive summary- This case study is all about the different situations Mr rod faces at his work place. The urge to take experience he went for part time job along with his ongoing PhD work. The work area of his interest was being a curator while because of less work he was made to work in another department which was not of his interest and he faces lot many problems over there. He even used to stay late to complete the assigned work and the colleagues were also not supportive. The main problem was the lack of interest of Mr. Rod for working in researchs department which was further boosted up by Miss Nelly’s interference who was the research manager. The only solution for his problem is to talk with Miss Nelly and request her to undo the changes made in his work schedule or else he should try to create interest in research department as well as it is the only option he is left with. We will write a custom essay sample on Nirvana Art Gallery or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page . Situation Analysis- Introduction- this case emphasises on the disinterest of Mr. Rod to work in research department. But in spite of showing it he decided to work with full efforts. One of the problem was the unfriendly behaviour of the members of this department. The over sympathy of Miss Nelly was also creating discomfort for Mr. Rod accompanied by mocking expressions of his colleagues. The rearrangement of working schedule further enhanced the problems of Mr. Rod which resulted from the refusal of Nelly’s proposal to help her in her work. But still he manages his work and become successful in creating balance between both the works. Objectives- the main objective of Mr. Rod behind working in Nirvana Art Gallery was to take experience of being a curator which will help him in future and also adds to his work experience. But unwillingly he was made to work in research department because of less work in his area of interest. Decision Making- Miss Nelly’s extra concern and sympathy for Mr. Rod became a problem for him. And the rearrangement of his work schedule was also its consequence which enhanced the problems further. Implementation- Mr. Rod has shown a great interest in working with NAG. In both the departments he tried to give his best. But further troubled by rescheduling of his week’s work arrangement. He can overcome this problem by completely engaging himself in the work assigned to him so that he will not feel boredom in working for research department. Or if he feels this new schedule totally inconvenient then he can make Nelly aware of his situation and probably she will help him in the matter concerned and finally he would be able to work more in curatorial. Conclusion- the main problem in the case arise because of the extra concern and sympathy of Miss Nelly towards Mr. Rod. The one thing which he could do was going to Nelly and politely telling her about the situation and the surreptitious looks and frowns of other members of research team which was quite embarrassing.

Henry James The Turn Of A Screw Essay On Atmosphere free essay sample

Evidently, the one being told appears to have exceptional impact, since held us implies the Story has captivated those who are listening to it. The curiosity as to what it exactly is that intrigues the characters, is also synonymously what intrigues the reader creating tension as an outcome. Then, the contain caution of the setting being described as on Christmas Eve in an old house further extends the atmosphere of tension, due to Christmas Eve being a day of significance and old house having connotations to an establishment as such is typically found to be undaunted or cursed in Gothic works.As a result, it meets the primary purpose and aim of the prologue, as James intended it to: to set the foundations for tension, unease and fear to be established upon. Further evidence that the prologue does this includes descriptions of the sighted ghost as: of a dreadful kind, and: waking her up in the terror of it; these quotations particularly evoke a sense of fear in the narrators monolog ue and to the reader, who attempts to decipher the true monstrous image of such a nastily- described being. We will write a custom essay sample on Henry James The Turn Of A Screw Essay On Atmosphere or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This quite sudden and swiftly-advanced transition towards an atmosphere of fear, before the story even begins to switch to the governess perspective, is done so by James with the intention of catching the reader off-guard and causing them to garner exceptional concern for the sheer sinisterly of the circumstances in which Douglas story entails. As Douglas is prompted to recite the ghost story for the others who are held in remarkable awe and await his narration eagerly with extraordinary anticipation he informs them that he shall have to send to town since The Torys written.Its in a locked drawer -? it has not been out for years. Whilst this primarily inflicts discontent among them, James deliberately adds the detail of it has not been out for years to yet again form a link with Gothic genre, since old and aged both depict some hidden secrecy or plot-holes within the anticipated narrative. In addition, the fact is has been placed into a locked drawer further builds upon the notion of secrecy; why might the story need to be hidden? Who and what from? What is it even about?These questions all place the reader at unease; henceforth the prologue establishes the tone of the novel from the very start At least, that is what the reader In chapter 1 , the switch of perspective and the stark contrast of presumes. Setting juxtapose that of the imagery portrayed during the prologue. For instance: a lovely day, through a country to which the summer sweetness seemed to offer me a friendly welcome features a variety of positive adjectives and abstract nouns, i. E. sweetness and friendly.Albeit the heartening description of the scenery, any reader which had begun reading he novel with a mind-set of slight skepticism, would have attempted to read between the lines and would perhaps discover the awfully cliche nature of the vast and abrupt mood shift to be unsettling. James, as we know, wrote The Turn of The Screw with challenging the typical Gothic literature stance in mind; since he has chosen to implement this aspect of the narrative beginning as pleasant and harmonious despite his clearly apparent goals, this in turn imposes unease upon the reader as they begin to second-guess the legitimacy of the governess recount.Unease is continuously maintained more so than tension or fear as of yet thro ughout the rest of chapters 1 and 2. Most notably, the level of unease the reader feels is heightened when the governess meets Flora; spot a creature so charming, and: She was the most beautiful child I had ever seen both strike the reader as very peculiar and extravagant remarks to make about a young child. This might be regarded as some as the first sign of the governess perception skewed and/or delusional to some degree.How she will treat and look after Flora becomes a pressing Hough that the reader possesses, since there is uncertainty as to whether her inexperience will lead to a lack of rational approach when nurturing a chi lid whom she finds so exquisite. Unease again is heightened further on at the beginning of chapter 2, when the news is heard of Miles expulsion from school, within days of her enrolling as her position.The governess uptakes a gallant uptake of duty and deems herself responsible for this having happened. Tension is simultaneously resumed when the governess claims that the schools reasoning for having done so is because Miles was an injury to there. This quotation insinuates that Miles a 10 year old and seemingly innocent boy -? had the capacity to cause harm to his classmates (and teachers).

The Major Aspects of Organizations Resourcing Strategies

Selection Employee selection process constitutes a major aspect of organization’s resourcing strategies because it defines and protects people being crucial for the organization. Due to the fact that the selection process consists in soliciting all possible information about the candidates to assess their suitability for a particular organization, it is very sophisticated, creating a solid platform for matching the recruits with the organizational staff.Advertising We will write a custom assessment sample on The Major Aspects of Organization’s Resourcing Strategies specifically for you for only $16.05 $11/page Learn More Therefore, the strictness of approaches to selecting people is vital because negligence of specific criteria can lead to negative consequences. In addition, managers should be aware of the fact that selection process should effectively supported by the technological innovation because inaccuracy of the information delivered can lead to failure of choosing the appropriate candidate, as it happened to Liverpool Direct, a leading service company located in London (Bocij, Greasely and Hickie, p. 128). The chief executive David McElinney realized the major problem and managed to eliminate the problem, but the losses were still inevitable. Managing Diversity Cultural diversity is identified a concept demanding serious change to all spheres of organizational activities in order to ensure that various strategies and characteristics of human resources are highly appreciated. The effectiveness of successful diversity management is evident, specifically when it comes to enhanced creativity and innovation, better comprehension of customers’ needs, and improved recruitment opportunities. More positive moral and greater employee retention are also the outcomes of fruitful introduction of consistent diversity management. One of brightest examples of appropriate diversity management is Pacific Dunlop, a large Australian company that acknowledges the explicit connection between poor moral and negligence of social and cultural backgrounds (Steger and Erwee, n. d., p. 78). The company strictly embraces diversity management strategies and successfully contributes to employee retention. In addition, the company’s person-oriented strategy positively influences the organizational performance as well because workers are more likely to favor the business activities in healthier environments. Human Resource Development On the one hand, straight course on identifying the goals and achieving the results is one of the conditions for successful business management. On the other hand, excessive focus on achievements can lead to a stressful and unhealthy situation within an employed environment.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consequently, a good manager should be able to strike the balance between those orientations and create a harmonious, two-polar approach in the sphere of human resource management and development. Case study of Wall-Mart proves that inappropriate human resource management can lead to serious consequences for organizational productivity and performance. Specifically, labor right violations and reluctance of managerial staff to introduce changes to treating their personnel negatively affected the company’s image and performance. Assessing HRM Effectiveness Inability to treat the employees effectively can put the effectiveness of human resource management in question. Failure to introduce trustful and reliable relationships between the members of an organization can have a negative impact on the organizational performance. Traditionally, HR professionals perceive employee morale and commitment from conceptual viewpoint. However, in order to fulfill the role of HR agent effectively, concepts and theories should be substituted with evid ence and practice. Inability to introduce effective human resource strategies were also observed in a leading document management company Xerox. The problem is that the company had significant problems in terms of work culture and leadership that occurred during the tenure of Rick Thoman and Paul Allaire. People problems were specifically connected with wrong decision made by the managers in terms of sales force reorganization that was less prioritized. Therefore, the industry personal should have been more concentrated on the organizational goals rather than on the needs of individual customers, which resulted in the company’s decline. Regarding the discussions presented above, it should be stressed that the HR practitioners presented in the case were part of the problems related to the job analysis, recruitment, and human resource management assessment and development.Advertising We will write a custom assessment sample on The Major Aspects of Organization’s Res ourcing Strategies specifically for you for only $16.05 $11/page Learn More In particular, a monopolistic view on the business strategy did not provide results for the investment house Foy and Pirelli because the company did not succeed in meeting the employees’ needs. Managers strongly ignored their initiative; instead, they were more focused on their goals. In addition, the case with MoneyPenny proves that considering cultural and social background is crucial for the success of business operations. Therefore, before initiating the project in Bangkok, the manager should think more carefully over the appropriate candidature for the business journey. The next issue related to human resource management is the development and advancement of techniques aimed at improving working conditions and settling a more favorable emotional climate within an organization. In other words, managers should strike the balance between person-oriented and goal-oriented pol icies being the major conditions for reaching high management performance. In this respect, the case with Steve Lambert proves that aggressive polices deprived of organizational moral will not contribute to positive results and achievement on the part of the employees. Similar to this case, the managers from the investment house Foy and Pirelli also failed to follow the above recommendations and did take into account individual needs as the leading in reaching high level of organizational performance. They were, therefore, part of the problem in this situation. There were also the parties that positively contributed to the management performance, like Mike Burnett, a new manager of Foy and Pirelli who managed to solve the problem with low management performance through cultural revolution. In whole, most of the cases prove incompetence of managers in dealing with human resource management. References Bocij, P., Greaseley, A., and Hickie, S. (2009). Business Information Systems: Tech nology, Development and Management. NY: Pearson Education. Steger M., and Erwee, R. (n. d.). Managing Diversity in the Public Sector: A Case Study of a Small City Council.  International Journal of Organizational Behavior. 4(1), 77-95.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This assessment on The Major Aspects of Organization’s Resourcing Strategies was written and submitted by user Rylie Burgess to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

analysis essays

analysis essays We the people - How far should we take it. It is our government, our state, what the people say should be law, as long as certain inalienable rights are observed. In 2002, a referendum was placed on the Florida ballot stating the State would build a mass transit sytem "Bullet Train"..The destination would be from Tampa to Orlando. The next "leg" would be to Miami. Florida voters overwhelmingly passed the bullet train referendum two years ago. Now the legislators are trying to take it away. Are they not our elected representatives? Should they not heed the wishes of the people? Unfortunately, the Florida Legislature has not appropriated any money for this project. They have stated there is not enough money in the budget. They are trying to get it back on the ballot in hopes it will be defeated. Many mistakes were made in 2002 when the initiative was placed on the ballot. No funds were provided and those voting for it had no idea what it would cost the taxpayers. Now as the cartoon shows, the legislature is attempting to crush the "sand train." Both the legislators and the voters should learn a lesson - know what you are voting for and who you are voting for. The wave will crush the bullet train, but the concept could still be kept alive if the Florida voters are given enough information to vote intelligently. The young child in the picture illustrates the future that belongs to our youth. Should progress prevail or should we stagnate our human resources? Florida has a very complex governmental system. We must look at the responsibilities of the people and of our legislature. ...

Determine whether ethnocentrism or ethical relativism apply for Essay

Determine whether ethnocentrism or ethical relativism apply for specific cross-cultural business circumstances - Essay Example Therefore, business leaders and executives should critically evaluate their business circumstances, especially for those involving specific cross-cultural situations, in order to avoid applying ethnocentrism, which may jeopardize the business transactions. For instance, one of the parties to the business contract may pull away if he or she feels considered as a junior partner to the contract due to his or her culture or religion (Egger, 2008). Ethical relativism is a similar practice to ethnocentrism whereby an individual tends to make ethical choices basing on what he or she feels is reasonable or right in accordance with an individual’s own value system or belief. Globalization intensified the interaction of different cultures across the world. This demands that business leaders as well as executives apply considerable accommodation to new cultures and beliefs whenever dealing with cross-cultural business transactions to avoid offending the other party to the contract or bus iness deal. In most circumstances, business leaders use language barriers as a basis to judge other cultures, e.g. the fact that English is the international language in the world does not mean that those who do not know the language do not have anything valuable to offer. Therefore, it is necessary to apply considerable accommodation to such cultural differences in order to foster understanding, e.g. hiring an interpreter to mediate between them during a business transaction (Guffey, Rhodes & Rogin, 2008). International business ethics refers to the standardized cord of ethics or norms that guides the conduct of transacting businesses in an international field. Due to the conflicting provisions of cultures as well as religions across the world, business have to adhere to the set cord of ethics while doing international business in order to facilitate smooth transaction across various cultures. Furthermore, international business ethics enables the companies as well as their represe ntatives and agents to stay above ethnocentrism or ethical relativism. However, global leaders as well as guardians of international trade such as the United Nations have a stipulated set of recognized norms that businesses have to abide to, such as the UN Global Impact. This provision enables businesses to engage professionally when confronted with cross cultural business circumstances as well as maintain cordial business relations with their partners (Jhingran, 2001). Some of the common aspects of international business ethics include: Environment friendly technologies Eradicating corruption, extortion, and bribery Promote environmental responsibility. Eliminate employment discrimination. Eliminate forced and compulsory labor. Eradicate child labor and slavery. Foster international cooperation. Despite the need to conform to international business ethics, there are situations that require business executives as well as marketing professionals to apply local culture when determinin g their ethical practices. This is especially in cases where the business transaction has a lot more sentimental value as compared to its commercial value. Take for instance in a business transaction that involves dealing with antiques and traditional artifacts such as monuments, curving, drawings and idols. These artifacts have a certain protocol of handling them, failure to which it may cast an evil