Law essay writing service
Thursday, September 3, 2020
Making a decision and a decision tree Essay Example | Topics and Well Written Essays - 500 words
Settling on a choice and a choice tree - Essay Example Jaeger is in an ideal situation reaping the grapes right away. As I would see it, Mr. Jaeger ought to be guided by the choice tree alternatives, in light of the fact that the count of choices is practical. This implies the choices determined in the choice tree get an opportunity of happening. From the choice tree, it tends to be seen that the normal fiscal qualities for the two alternatives are totally different, an edge that Mr. Jaeger can't bear to excuse. Be that as it may, an investigation of the case shows that the Riesling is certifiably not a huge piece of the winemakerââ¬â¢s business; consequently, Mr. Jaeger would not be destroyed in the event that he faces the challenge and misfortunes. This implies the winemaker has the choice of facing the challenge to intrigue wine specialists, since the introduction of a quality wine would raise the notoriety of the winery. After an examination of the two choices open to Mr. Jaeger, it tends to be inferred that the best choice is gather the grapes right away. This is on the grounds that the normal result from hanging tight for the tempest isn't legitimized by a went with increment in
Saturday, August 22, 2020
Article response paper Example | Topics and Well Written Essays - 750 words - 3
Reaction paper - Article Example The issues of the ESL understudies are principally at the sentence level. Their composing issues are distinctive when contrasted with the understudies of local speakers. It starts at the word and sentence levels. They face challenges in each part of the sentence, and with spelling, punctuation and word utilization. The fundamental distinction between the local speakers and ESL understudies is that the previous can communicate in English effectively, as such they can likewise compose accurately. The last have aptitudes in their local language. They have thoughts yet their issues identify with the utilization of proper words and syntactic blunders go up against them. Individual perceptions/remarks On close assessment of the article, I understood the significance of the rater and the difficulties the ESL understudies need to look in perusing or writing in English. They have issues in a few sections of life, and racial isolation supersedes every single other thought. Low self-viability, budgetary challenges, division from close relatives and companions, profoundly extraordinary social condition, all these add to the issues identified with digestion in the standard society. Understudy conduct in study hall in America varies a lot and the control is free. They can arrive behind schedule to the class, question instructors, cut jokes and this sort of conduct isn't acknowledged in the Chines study halls. Their principle troubles are in the regions of structure, morphology, wording and sentence structure which fluctuate from their local language. They may have thoughts yet need articulation; as such the crowd will most likely be unable to follow the substance. The troubles for securing of aptitudes recorded as a hard copy contrast for different social gatherings of ESL understudies. Before perusing the article I used to consider the issue of the ESL studentââ¬â¢s writing in disconnection. On the quality of the different issues referenced in the article, I currently un derstand that it is nevertheless one of the diverse issues looked by the understudy and the improved capacity of the understudy recorded as a hard copy may deliver to incomplete arrangement of a portion of those issues. ESL understudies are a heterogeneous part. Much distinction exists in any event, when the understudies are from a similar nation as they have a place with various States/Regions, where slang, convention and culture contrast. With such differed social and semantic foundations the appraisal of their English composing is assailed with issues. A compromise should be worked out to show up at a valid arrangement, as it concerns the profession of the flammable more youthful age. In a serious activity advertise, each imprint, every proposal checks. Along these lines, the rater may construct or break the vocation of an ESL understudy, unexpectedly however, with the inadequate arrangement of rating. The writer knows about this multifaceted nature and has referenced twenty audi ts and given subtleties of those observational examinations concerning the variables influencing rating of ESL writing in North American school settings, isolating them as rater-related and task-related and has featured their significant parts. These components are not selective and inquire about regarding the matter is a consistent procedure and the creator has educated that in the light regarding the experience picked up, holes and proposed headings for future research have been recognized. The writer underscores various occasions in the article that evaluation of composing is the tricky region for which no simple equation can't be submitted as the last word regarding the matter. He cites Speck and Jones (1998), ââ¬Å"there are a larger number of issues than arrangements - issues of between grader
Japanese Negotiations Essay Example For Students
Japanese Negotiations Essay Japanese NegotiationWhen contemplating arrangements one probably won't understand how frequently that we haggle in our regular day to day existences. Pretty much every movement that we do, particularly while including something other than ourselves, includes dealings somehow or another, for example, should we eat at Burger King or at McDonalds. You haggle with another person or even yourself in your choice. Arrangements are likewise significant in professional interactions. The exchange can represent the moment of truth a business bargain and even ruin the relationship of the two gatherings. Exchanges are an artistic work that is exceptionally hard to ace, if its acing is even conceivable. Various individuals haggle in various manners, however every general public follows a similar fundamental rules generally. This isn't correct at whatever point you take a gander at various societies and their arrangement styles and strategies. Now and then these styles can be totally different from what we have grown a custom to. The United States for instance has arrangement styles and decides that contrast quit a piece from those of the Japanese. This is the reason it is critical to remember these distinctions when managing the Japanese whether it includes business or individual issues. For effortlessness, we will be taking a gander at the business part of exchanges. This report will cover the essentials of exchange with the Japanese. This is just a short rule; one should remember that in the event that you are intending to take this subject further significantly more research ought to be never really see all parts of this region. The start of an exchange can be an exceptionally basic one. Generally, Americans need to hop directly in a get serious. This is do in predominantly to our general public and itââ¬â¢s quick paced method of working together. We live in a quick paced world and feel that things should be done rapidly. This isn't a similar inclination shared by the Japanese however. While haggling with Japanese, they like to set aside the effort to become acquainted with the other party first. They give incredible significance to believe when managing others. They have to find out about the other party so as to accomplish trust in them. On the off chance that Americans anticipate an arrangement with Japanese inside the U.S. system of a concise presentation, conversation of specialized issues, gracefully and cost bartering, and shutting, they will doubtlessly be frustrated. Japanese, then again, will feel hurried and compelled on the off chance that they find they won't invest a lot of energy getting some answers concerning the school foundations, relative organization status, and family foundations of U. S. mediators. Japanese need to feel a feeling of agreement and collaboration. Without this phatic correspondence, of what from a U.S. viewpoint is minor data (however in any case has a significant capacity of building trust). Japanese feel tha t their relationship isn't tied down and may float. This is uncomfortable in the amazingly serious universe of Japanese business (McCreary p25-26). After this data is shared the Japanese will feel that they can go into the arrangements. The arrangement regularly follows a similar example, or stages. After the presentation and the get-together of trust, the following stage is normally comprised of the specialized subtleties of the item. The Japanese frequently demand each and every detail being clarified a few times. This by and by is because of the issue of trust. They attempt to check whether the subtleties fluctuate by any stretch of the imagination. The dealing stage ordinarily follows straightaway. The U.S. style of dealings regularly causes the U.S. group to concentrate on costs that will be excessively high or excessively low. In opposite, Japanese typically went at costs that are increasingly sensible. A greater amount of this will be talked about later. The last stage includ es the systems that lead to the marking of the agreement. It is critical to remember that the Japanese feel that an item that isn't up to norm, that was introduced in the exchange are looked on as being dishonorable to the person. They esteem the trustworthiness of an arrangement and those associated with the arrangement definitely. While working together, numerous American organizations depend on agreements to tie the understanding. The agreement is taken a gander at as the substantial objective of most business arrangements. Without an agreement or some kind of composed understanding it is impossible the arrangement will last. It is far-fetched, that if an issue happens and an outsider is expected to take care of that issue, that the arrangement will even be perceived without an agreement. This is distinctive to the Japanese method of business. Agreements are unfamiliar to the Japanese method of working together, and Americans would do well to remember this reality while working with the Japanese (Zimmerman, p.91). This aversion of agreements by and by identifies with the significance that Japanese put into trust and respectability. Numerous Japanese won't try to peruse an agreement before marking it since they donââ¬â¢t append considerable significance to it (Ibid, p.91). In spite of the fact that this tra ining is alright to do in Japan it frequently messes up the U.S. what's more, other Western regions. This is additionally inconvenient when somebody who values an agreement finds that there might be no discipline in Japan if the agreement is broken. This is the reason it is significant that the two gatherings have a common comprehension of the agreement and what it involves preceding the marking. In the event that this isn't done than one of the gatherings, if not both, have a decent possibility of being agitated with some future occurring. This would not exclusively be awful at the hour of the event yet it could likewise prompt the two gatherings cutting off an association which could hurt the two gatherings ethically and monetarily. Some portion of the doubt that the Japanese have toward contracts gets from the adjustment in their circumstance in the course of recent years (Ibid. p.93). This doubt is brought about by the Japanese doubt of the outside accomplices that they managed in the sixties and seventies. During this season of remaking they relied upon others for a significant part of the innovation expected to reconstruct their nation. Since they have increased a serious edge in todayââ¬â¢s innovation, they would prefer not to manage indistinguishable accomplices from previously. It is useful to any firm working with the Japanese to guarantee them that both are on equivalent ground and will get equivalent and reasonable treatment and regard. This will enable the Japanese to feel progressively good about an agreement and all the more ready to sign and concur with one. There is likewise an agreement for every state with the Japanese national bank that permits Japanese nations to render a portion of the mon ey related weights of an agreement if the bank is told of the agreement and endorses it in any event thirty days ahead of time. This alleviates a portion of the strain associated with marking the agreements. There are four significant, complex, and interrelated Japanese ideas that affect how the Japanese work together and direct their own lives (Ibid. p.64). These four ideas are Nintai (tolerance), kao (face), giri (obligations), and on (commitments). Nintai, all however there is no immediate English interpretation, implies in a business setting that one has the perseverance and scholarly ability to reveal efficiently and cautiously every factor that may have even the scarcest bearing on a business choice or the result of an exchange. This incorporates numerous parts of dealings including the sides setting aside enough effort to consider and altogether set themselves up for the arrangements. On the off chance that you are deficient in nintai you risked continually being at risk for losing kao (face). Kao is viewed as the most valuable item a Japanese has. At the point when somebody in Japan has a perfect kao they are viewed purchase their friends, businesses, collaborators and family as being on top of society. One of the most noticeably awful slip-ups anybody can make in their dealings with Japanese is to put down their work and humiliate them before others. The best move to make on the off chance that you are not satisfied with somewhere in the range of ones work is to converse with them in private. You should attempt to be delicate in your clarification of your disappointment and accentuate on the personââ¬â¢s solid focuses. In the event that you don't take outrageous consideration in this you make certain to disturb the individual and could conceivable gain a lifetime adversary. The last two ideas that one needs to comprehend is that of giri (obligations) and on (commitments). To help comprehend the significance of these two ideas one must understand one reality about the Japanese. The Japanese will in general take each obligation and commitment got during life as an individual load on their shoulders. Albeit through reimbursement of favors and help, these o bligations can be to some degree reimbursed yet they can never be completely reestablished. A progressively precise depiction of on is the commitment caused by giving and giving significant favors, for example, conceiving an offspring or dealing with somewhere in the range of ones training. At the point when one gets on from another it is normal that they go through a large portion of their time on earth attempting to reimburse it in some structure, in spite of the fact that the Japanese feel that you can never completely reimburse the obligation. Of the two ideas, giri is by all accounts the less genuine of the two (Ibid, p.64). Giri is the trading of little obligations and commitments that happen on an ordinary premise. Such models would be the giving of a little blessing to another. Giri even contemplates the welcome that you get when strolling into a Japanese eatery. You are not expected however to consume your time on earth attempting to reimburse this blessing however. It is t aken that everybody gives and gets giri a few times all through a typical day. One must remember that in the Japanese society one can't get away from the enormous snare of commitment made by giving and accepting blessings. It is imperative to likewise recall that close to offending ones kao is to deny a blessing. Heroin EssayAs addressed previously, it isn't generally to the greatest advantage of Americans to utilize interpreters. It could put the American party off guard permitting the Japanese to arrive at a gainful understanding simpler. It is significant idea if
Friday, August 21, 2020
Understand How to Improve Own Performance Essay Example for Free
See How to Improve Own Performance Essay 1.1Explain the reason and advantages of persistently improving execution at work It is significant that I ceaselessly improve my exhibition so I can develop alongside the organization and complete my work to the necessary norm. By consistently developing myself I can keep myself tested and stop myself landing exhausted of the position, which will consistently keep me intrigued. Likewise developing myself can profit the organization, learning new abilities can permit me to take on harder progressively gifted errands. This will help take the remaining task at hand from my different partners. This will assist the workplace with running all the more productively. 1.2Explain the reason and advantages of empowering and tolerating criticism from others Feedback has numerous advantages while improving my abilities inside the workplace. Positive criticism can help support moral inside the workplace and help the representatives feel increased in value. This assists with keeping work guidelines high, and keeps up a decent situation inside the workplace. Negative input isnââ¬â¢t constantly an awful thing; it can assist with delineating zones where my directors or partners feel I need improvement. I would then be able to talk about with them how I could improve this later on. This can help the general running of the workplace and constantly improve our work. 1.3Explain how learning and advancement can improve own work, advantage associations, and recognize profession alternatives Learning and advancement can help improve my own work significantly, by learning new parts of the business I can assist my partners with employments that I already couldnââ¬â¢t complete. This will decrease the outstanding task at hand that is done by my associates, which will profit my association as the work can be finished significantly speedier as there are more individuals equipped for doing it. Via doing this NVQ I can improve my own profession choices. Already I had no proper capabilities identifying with the activity that I complete. Anyway this can assist with advancing my profession for myself and for the business, as I would now be able to go after inward positions that already I was not equipped for. 1.4Describe conceivable profession movement routesà Currently I am a piece of Wincantonââ¬â¢s office group, Prime Time. The following stage in my vocation that I would like to accomplish is to be utilized in all day work. On the off chance that I accomplish this, at that point there are numerous different occupations inside the organization that I could advance to. If I somehow happened to remain inside the administrator office I could attempt to turn into a director or group pioneer, or there are numerous different regions that I could apply for, similar to the stocks office or the account division. Anyway a portion of these occupations may not be accessible to me moving along without any more capabilities. I would like to do a greater amount of these at a later stage in my profession; these could incorporate further NVQââ¬â¢s or considerably higher capabilities from the Open University. 1.5Describe conceivable advancement openings Within our business we print of PODââ¬â¢s for clients, this requires a great deal of paper to be utilized. The capacity of innovation is improving each day; later on the PODââ¬â¢s might be available by means of PCs. If this somehow happened to happen I would need to build up my aptitudes towards keeping up this and completing the everyday running. Another choice could be to enhance my PC aptitudes. Organization is profoundly trustworthy on innovation as we use PCs for the entirety of the undertakings that we do. Later on the innovation may significantly improve this could imply that my present information on the PC frameworks become insignificant. An advancement for myself could be that I take a few courses in ICT to improve my abilities and information on how a PC functions.
Stages of Writing a Paper
Stages of Writing a PaperIn order to write a paper, you need to go through several different stages in order to create a properly formatted document. This may sound obvious but it is still one of the most common mistakes that people make when it comes to writing a paper.If you read the process of editing, then you would know that the best documents are prepared when they are done using the best and the cleanest editing processes. When you are preparing a paper for the purpose of a promotion at school or a promotion at work, you should spend enough time to take care of the aspects that will make your paper unique and a unique experience. You can choose to edit the content or formatting, change the spelling or punctuation of a paper and do whatever you need to do. The important thing is that you spent enough time on each stage so that you're writing a paper is not only original but also readable.You should always have an idea on what is required to format a paper properly. The first st age is the idea stage. You should have an idea about what the topic of the paper is going to be before you start to write it so that you can use the outline to give you an idea as to what your paper is going to be about.It is essential to write down the outline of the paper. Writing a paper is not just putting pen to paper. Every word that you write in the paper needs to be well thought out. This is because all the information that you will be including in your paper will be used and manipulated by other people. Writing a paper requires that you put your thoughts into words so that they will be able to communicate with other people about the subject.In the presentation stage, you should start writing in an organized way. Your ideas and opinions should be arranged in an orderly fashion so that the papers can be easy to read. Do not take any longer than you need to when you are writing a paper because you do not want to waste your time.After you have all the thoughts and concepts in p lace, the last stage is the proofreading stage. This is the stage where you will proofread your work and ensure that there are no errors in the text of the paper. Once you have gone through all the stages in the process of writing a paper, you will be ready to submit your paper.The last stage of writing a paper is going to be the checking stage. You should do this so that you will be able to check that you did not miss any of the minor grammatical mistakes or the grammatical mistakes in the content of the paper. You should also check that you did not miss anything in the grammar, punctuation and spelling.These stages are not hard to follow if you follow them carefully. If you go through the proper steps, you will be able to write a paper. You can read more details about the correct method of writing a paper in this article.
Saturday, June 27, 2020
Law Cases Of Insider Trading In Multinational Corporations Finance Essay - Free Essay Example
Insider trading is buying or selling corporate stock by a corporate officer or other insider on the basis of information that has not been made public and is supposed to remain confidential Who are insider traders? Corporate officers, directors, and employees who traded the corporations securities after learning of significant, confidential corporate developments. Friends, business associates, family members, and other types of such officers, directors, and employees, who traded the securities after receiving such information. Why forbid insider trading? The prevention of insider trading is widely treated as an important function of securities regulation. In order to make sense of insider trading, we must have basic understanding of markets, prices and role of markets in the economy. Insider trading appears unfair, especially to speculators outside a company who face difficult competition in the form of insider trading. Who is Insider is defined under the SEBI Prohibition of Insider Trading regulation (SEC 2 (e)) Insider is the person who is connected with the company, who could have the unpublished price sensitive information or receive the information from somebody in the company. Who can be a connected person? For the purpose this definition, words connected person shall any person who is a connected person six months prior to an act of insider trading It could be director of the company ,or is deemed to be a director of the by virtue of sub-clause(10) of section 307 of the companies act 1956 He /She could be officer or professional of the company or holding a business relationship with the company. Any person having UPPI from the any subsidiary or group company is also stated to be the connected person. Connected person can also be from intermediaries like stock exchange, Merchant Bank, Transfer agent, debenture trustee, Bankers relatives of promoter or of BOD. What is price sensitive information? The Price sensitive information is defined in Regulation 2(h) (a) of the prohibition of Insider Trading. It means any information which relates directly or indirectly with the company which if published is likely to materially affect the prices of the securities of the company. The information which is deemed to be price sensitive is like- Periodical financial results Intended declaration of the dividends(both Interim Final) Issue of securities or buy -back of securities Any major expansion plans or execution of new projects. Amalgamation mergers or takeovers. Any significant changes in policies, plans or operations of the company. CASE 1: INFOSYS Background of the Case Infosys is an information technology Services Company headquartered inÃâà Bangalore, India. Infosys is one of the largest IT companies in India with 122,468 employees (including subsidiaries) as of 2010.Ãâà It has offices in 33 countries and development centers in India, China, Australia, UK and Canada. This case is regarding a technical violation of Companys insider trading rules by its CEO Kris Gopalakrishnan and an independent director Jeffrey Lehman and the Company imposing a fine on both of them. Course of Action Below listed are some of the extracts from the Infosys Code of Conduct against violation of Insider Trading Rules: In the normal course of business- officers, directors, employees, agents and consultants of the company may come into possession of significant sensitive information. This information is the property of the Company- you have been entrusted with it. You may not tip from it by buying or selling securities yourself. Further you are not to tip others to enable them to profit or from them to profit on your behalf. Insider traders must disgorge any profits made and are often subjected to an injunction against future violations. If there is a change in the shareholding pattern of an employee, he/she has to notify this change to the company within one business day. Finally, insider traders may be subjected to civil liability in private lawsuits. Mr. Gopalakrishnan had actually inherited 12800 equity shares of Infosys from his mother on December 24, 2007. But he inadvertently failed to notify the company about this inheritance of shares within one business day after the change in his shareholding. This, according to the company, constituted a violation of its insider trading rules. On the other hand, Mr. Lehman was found guilty for failure to correctly follow the procedure on sale of shares. Case Status Ãâà Infosys audit committee believed that Mr. Gopalakrishnan had no intention of contravening the rules and imposed the penalty of Rs 5 lakh and directed him to donate the amount to a charitable organization of his choice. Mr. Gopalakrishnan has made the donation. Mr. Lehman was also imposed a penalty of $2,000 and that amount, too, has been given to charity. The case is finally closed. References https://articles.economictimes.indiatimes.com/ https://www.infosys.com/investors/corporate-governance/Documents/CodeofConduct.pdf CASE 2: WOCKHARDT CASE Background of the Case Wockhardt is a global, pharmaceutical and biotechnology company. Wockhardt has a growing presence in worlds leading markets like Europe and the United States. It has been a significant player in global biopharmaceuticals market. The case is regarding the former CFO of Workhardt, Mr. Rajiv Gandhi, who had been alleged to have traded in the companys shares on the basis of some insider information which was till then unpublished. It was supposedly reported that he along with his wife and his sister together traded in the companys shares on some insider information. Its the first in Indian corporate history that a company CFO has been charged and indicted of insider trading. Course of Action Rajiv Gandhi (appellant 1) is a Wockhardt Board Member as well as CFO of the company. He is primarily responsible for making financial reports like (balance sheets) for the company. He is a Wockhardt employee since 10 years. As per the SEBI regulations, every company is supposed to prepare its unaudited financial results on a quarterly basis and update it within one month from the end of the quarter to the respective stock exchanges. On 21st January, 1999, at 5 p.m. a meeting of the board of directors of the company was held to consider the quarterly financial results for the quarter ending 31st December, 1998. The financial results were announced on 22nd January, 1999 pre-trading and along with it an interim dividend @ 35% was declared. Wockhardts financial results actually showed a negative performance of the company for the December quarter. This information was somehow leaked and known by Gandhis wife Sandhya (appellant 2) and his sister Amishi (appellant 3). Sandhya and Amishi Gandhi traded on the companys shares multiple times during the entire year on the basis of some or the other Company information which they used to receive via Rajiv Gandhi. Below is the transaction history of Sandhya and Amishi Gandhi. 21/01/1999: Company board meeting was to be held at 5pm; they both together sold 2100 shares of Wockhardt at 2:37 pm and 2:42 pm. 22/01/1999: Company declares financial results and interim dividend pre-trading. Amishi and Sandhya Gandhi sold 1500 shares of Wockhardt at 9:59 am and 10:04 am. 21/04/1999: Amishi Gandhi sold another 2300 shares of Wockhardt at 10:16 am. 22/04/1999: Announcement of Companys financial results as well as a decision of demerger of the business was going to take place at 11:30 am. Amishi Gandhi sold another 1200 shares of the Company at 11:33 am. 23/04/1999: Due to demerger news, the share prices had fallen. Amishi again purchased the companys shares at an average rate at 10:08 am. The above transa ctions clearly proved that the appellants used to trade in the Companys shares as and when they used to get some or the other financial or non-financial information of the Company. As they used to get this information of the company from an insider (Rajiv Gandhi) and they used to trade on that information, they were alleged to be guilty of Insider trading. Case Status SEB I imposed a monetary penalty of Rs. 5 lakh under Section 15T of the Securities and Exchange Board of India Act, 1992 on Gandhi and then case was closed. References www.bloomberg.com www.sebi.gov.in https://economictimes.indiatimes.com/ www.indiakanoon.org CASE 3 :ORACLE CASE Background of the Case This case is all about Christopher M. Balkenhol, the trader misused confidential information gleaned from spouse, who was lead executive assistant to Oracles CEO and Co-presidents.SEC Charges Former Oracle Vice President with Illegal Insider Trading in Stocks of Oracle Acquisition Targets. This case adds to a growing list of recent enforcement actions against corporate employees and securities industry professionals for trading on information about upcoming corporate transactions that they knew to be confidential. Course of Action Christopher Balkenhol, 40, of San Mateo California, learned about secret merger negotiations from his wife, who worked at Oracle as the lead executive assistant to Oracles CEO and two co-Presidents. Balkenhol used information from his wife to buy shares of two companies Retek and Siebel Systems before Oracle made public its plans to buy those companies. Series of insider trading by Balkenhol Relating to Retek- Balkenhol first engaged in insider trading around March of 2005, when he began buying shares of Retek, eventually purchasing $85,000 worth of the Minneapolis-based software firms shares, according to the SEC. The first purchases came just a day after Oracle executives first discussed making an offer for Retek. A week later, Oracle went public with a tender offer for Retek that caused that firms shares to surge. Balkenhol sold the shares on the jump, making an estimated $15,000 in alleged unlawful profits. Relating to Siebel Systems:- The same pattern emerged around Siebel Systems, the commission alleged, with Balkenhol buying more than $270,000 worth of Siebels stock starting just days after Oracles co presidents to whom his wife was also an assistant held a secret meeting with Siebels CEO to discuss a merger. Balkenhol made three more Siebel purchases over the next three months, each one coming shortly after the two companies held additional private talks. He ended up with some 50,000 shares of Siebel, worth around $450,000, stock that he unloaded shortly after Oracle announced on Sept. 12, 2005, that it would buy Siebel for around $5.8 billion. Balkenhol allegedly learned about the planned acquisitions from his wife, who had access to the schedules of Oracles three top executives and was aware of significant merger-related meetings. The Commission does not allege that Balkenhols wife knew about Balkenhols illicit trades. Rather, the complaint alleges that Balkenhol breached a duty not to misuse confidences gleaned from his wife for his own gain. Without admitting or denying the Commissions allegations, Balkenhol agreed to settle the action against him, paying a total of approximately $198,000-including a penalty of nearly $100,000. The total of approximately $198,000 Balkenhol agreed to pay in settlement of the Commissions action includes $97,282 in disgorgement, $4,115 in prejudgment interest and a $97,282 civil penalty. Balkenhol has also agreed to a permanent injunction from further violations of Sections 10(b) and 14(e) of the Securities and Exchange Act of 1934, and Rules 10b-5 and 14e-3 there under. Case Status Case is settled by Balkenhol by paying $198,000 due to insider trading done by him for the violations of Sections 10(b) and 14(e) of the Securities and Exchange Act of 1934, and Rules 10b-5 and 14e-3. References www.bloomberg.com https://economictimes.indiatimes.com/ CASE 4 : RAKESH AGARWAL V/S SEBI Background of the case This case highlights principle of violation of acting on material non-public information which comes under regulations 3 and 4 of the SEBI (Prohibition of insider trading). In this case, Rakesh Agarwal, being insider of organization, is responsible to not act on material non-public information so as to protect the interest of the investors. Course of Action Rakesh Agarwal, the Appelant was the managing director of ABS industries Ltd. (ABS), a company incorporated under the companies act, 1956. ABS was subsequently acquired by Bayer AG (a company registered in Germany).He was involved in negotiations with Bayer A.G (a company registered in Germany), regarding their intentions to takeover ABS. Therefore, he had access to this unpublished price sensitive information. Bayer acquired controlling stake in ABS Industries Ltd by acquiring 55,80,000 shares @ Rs.70/ per share in a preferential allotment made by ABS Industries Ltd. and 20% shares from existing shareholders @ Rs.80/- per share in a public offer made by them It was alleged by SEBI that prior to the announcement of the acquisition, Rakesh Agarwal, through his brother in law, Mr. I.P. Kedia had purchased shares of ABS from the market and tendered the said shares in the open offer made by Bayer thereby making a substantial profit. By dealing in the shares of ABS through his brother-in-law while the information regarding the acquisition of 51% stake by Bayer was not public, the appellant had acted in violation of Regulation 3 and 4 of the Insider Trading Regulations. Rakesh Agarwal contended that he did this in the interests of the company. He desperately wanted this deal to click and pursuant to Bayers condition to acquire at least 51% shares of ABS, he tried his best at his personal level to supply them with the requisite number of shares, thus, resulting in him asking his brother-in-law to buy the aforesaid shares and later sell them to Bayer. Accusations by SEBI The SEBI directed Rakesh Agarwal to deposit Rs. 34,00,000 with Investor Education Protection Funds of Stock Exchange, Mumbai and NSE (in equal proportion i.e. Rs. 17,00,000 in each exchange) to compensate any investor which may make any claim aggrieved with the sale of shares of ABS industries to SHRI I.P.Kedia during the period 9-9-1996 to 1-10-1996 subsequently. along with a direction to (i) initiate prosecution under section 24 of the SEBI Act and (ii) adjudication proceedings under section 15I read with section 15 G of the SEBI Act against the Appellant. Appeal by SAT The Honble Securities Appellate Tribunal vide its order dated 3.11.2003 has allowed the captioned appeal finding that the appellant was not guilty of Insider Trading. However, the tribunal held that since Rakesh Agrawal acted in the interest of the company he cannot be considered to have violated the Insider Trading Regulations. The tribunal also held that although Rakesh Agrawal had made profit out of the transactions but it was only incidental to the cause of the interest of the company. However in appeal to SAT, SEBI later contested the SAT order in SC. Case Status The case was settled through consent order under section 24 of the SEBI Act with Agrawal paying a monetary penalty.
Saturday, June 6, 2020
Be Courageous and Strong in the Faith - Free Essay Example
Intro and Quote: Many individuals moved to the New World with the incentive of religious freedom. Over the years, regardless of the denomination, religious tolerance has been a fairly well-fulfilled objective. Most people in the American colonies could practice the religion they wanted to pursue. Toleration even extended to those who were enslaved. Slaves brought non-Christian beliefs with them and those beliefs were generally tolerated by the colonists. Despite this limited freedom, large numbers of slaves chose to convert from African beliefs to western beliefs. Their conversion was not immediate and it was not advertised; the process was slow and somewhat quiet. As a result, there is little conversation today about the conversion of slaves to Christianity, the purposes of the conversion, and their impact on the nation are a quiet thread in the fabric of our countrys complex history. The Apostle Pauls letter to to the people of Corinth includes one of his most resilient messages. It was written to followers at a new church who faced many conflicts as they tried to survive in a new, spiritual world. Followers in Corinth were, in some notable ways, similar to those who were living in the American colonies. They faced physical threats from outsiders, dissention and in-fighting internally, and a sense of loneliness. They wanted something better, they wanted a land of promise, but the path was not as easy as they had hoped. Similarly, slaves in the colonies also faced physical threats, a fractured environment, and a sense of loneliness. Paul wrote his words of encouragement to deliver spiritual resilience and motivation. His letter to the Corinthians delivers instructions, much like the military leader to scared and unsettled troops, to stay strong and hold the lines. Each section of the quote above gives a specific, heartening instruction. Be on Your Guard. Paul asked these early Christians to stay alert and watch their surroundings carefully. A possibility of division within the church could arise. Threats and sin often arise from within an environment rather than outside of it, so cautiousness must be taken. Stand Firm in the Faith. Paul encouraged followers to stay firm in their beliefs. Spiritual faith is not easy; it is beset by challenges, doubts, and misgivings. He advised the Corinthians that Christianity requires a commitment to certain beliefs and an unbending trust in God. Paul made it clear that faith is firmly held, it is not simply observed on a part-time basis. Be Courageous. Paul understood the frailty of men and women; he knew they would have doubts. He knew they would face obstacles and he knew that they would have to sacrifice in order to commit to the Lord. Paul knew the young Christians had no physical weapons to battle doubt, obstacles, and sacrifices, but he knew they had a great spiritual tool: courage. He knew true courage was everlasting and that it could not be conquered. Finally, Paul wanted the followers to, Be Strong. Strength allowed the Corinthians to believe and to trust. It allowed them to maintain their determination and faith. It allowed them to see in spiritual darkness, to love in times of anger, and to believe in times of doubt. Strength allowed them to defeat weakness. Strength allowed even the weakest to maintain determination. These were assets that would aid the Corinthians; they were also assets that could aid American colonists, slaves, and abolitionists as well. Paul reminded the young followers at the church in Corinth that their commitment to God and to love would not be easy, but the challenges they faced were surmountable. The Christiansboth in Corinth and the American coloniescould defeat any hardship because God, in his grace, had already given them tools to do it. Pauls message was a reminder to use the gifts God gave them. The quote reveals that with continuous faith and love, both survival and salvation can occur. It is a message that served the Corinthians well, and it is a message that offered hope for future generations. The message, like the teachings of Jesus, said that Gods love and eternal salvation are offered to anyone and everyone; in fact, God even gives followers the tools he or she can use to survive and flourish. Pauls message is one of promised hope, but not everyone accepted it. Some in the American colonies embraced it with enthusiasm and vigor, while others twisted its meaning and converted the words for their own selfish reasons. The two spiritual approaches towards Pauls message are highlighted when examining the institution of slavery in America.
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