Business Organizations

Community Counseling Service Need for non-competition cla recitation in contr dissemble just must be careful not to bankrupt public ppolicy What is the duty of a party to the firm when he is supply to part but hasnt yet left? You keisternot seek f solely out firms clients while you are put away working at that place Hamburger Did not solicit clients commerce while he was still their employ Anderson Rule categorical fiduciary duty obliges the fiduciary to act in the best interests of his client or beneficiary and to refrain from self-interested style not specifically allowed by the employment contract.Easterbrook and Fischel Rule difficult to go for in act socially optimal fiduciary rules approximate the stack that i redactors and agent would strike if they were able to dicker at no cost. (not a great rule because in that location are always transaction costs) Limitations on the right to discharge Foley Must decide what the consanguinity between the parties is stron g-minded contractor, employee, etc? Cannot be fired for irrational reasons or for certain protected reasons (if employee) Employees invest and rely, therefore they need protectionAlleged public ppolicy employees doing the right thing for their employer Court says there is no public interest in helping a occult employer Employers interest ? public interest Employer handbook can be used as evidence to prove it is not at-will employment tortious breach of good faith and fair dealing Court says no, there would be no duty to mitigate for contract breaches, therefore its not a good idea concern to Creditors (39-49) Blackburn P moderately believed A was acting with the authority of P, P did nothing to discourage her smell Sennot All partners are agents for the principal, by default PARTNERSHIP Partnerships and other Non-Corporate Forms GPs An fellowship of two or more people to carry on, as co-owiners of a billet for profit A lot of litigation is decided on whether or not the part ies were co-owiners Intent that counts is not the creation of a partnership, but the intent to carry on a occupation for profit as co-owner Evidence of whether or not there is a partnership match share-out of profits and losings JVs Partnership for a limited conviction and limited solve LPs Limited partners are very much handle stockholders they are just investing their money, they dont have perplexity rights/ powers and are not conceivable for partnership debts Generally, only one initiation-wide partner and multiple limited partners/ passive iinvestors Cannot accidentally fall into a limited partnership because LPs must be registered with the government (gen. state) LLCsForm of a business organization for a small number of people with a relatively close relationship but who dont want to be mortalally liable for business expenses As ssimilar as possible to a corporation without world taxed akin a corporation Interests are not freely transferrable like in a corporation LLPs similar as general partnership except creditors cannot go after partners personal wealth for partnership debt LLLPs The general partner is no longer liable for partnership debts Same can be achieve if the GP is a comp each (or most other non-human) Characterizing the RelationshipByker v. Mannes The definitive way to ensure your relationship is not characterized as a general partnership is to become a different type of business organization You can always leave a partnership, at any time You can fall into GPship Hynansky v. Vietri H never filed a partnership tax return and treated the losses as his own Pretty iron-clad rule you have a to have a right to profits to be considered a partner Sharing Profits and losses Kovacik v. Reed Didnt talk about who was waiver to share losses One gave money, the other gave only labor thoughtlessness rule is that losses follow profitsLost oopportunity costs for both parties Fiduciary Duty (75-87) Duty of Loyalty Meinhard v. chromatic Quest ion of fiduciary duty Meinhard claims pink-orange should have told him about the rising deal Salmon got the oopportunity through being a partner, therefore he owes Meinhard, at least, the duty to disclose Salmon has a duty to Meinhard in their common business what is their common business? Revised Partnership Act 403 Duty of care 404 Duty of commitment 103(b) Set of default rules, subject to limitations (3) duty of loyalty cannot be interpreted away Self-dealing backup OrganizationsFounders syndrome When crumples try to hang on to control to the hurt of the organization is widely identified as an issue for non-profit and for-profit organizations. Recently, its emerged as a concern in the world of tech start-ups, where gift identification with the business or intersection is often as passionate and personal as that of social entrepreneurs (Linnell, 2004 Rowat, 2007).The common thread in founders syndrome across sectors is the type of person who establishes a non-profit, tech fi rm, or social entrepreneurship. In all instances, these individuals flow to be passion-driven people with a sense of personal complaint that translates to their organization.They are, understandably, extremely identified with the organizations they create, and this individual sense of commitment is often critical to delivery the organization through its early growth stages.There is no doubt the founder is central in the early days of social entrepreneurship.Later, during the growth stage, the founder may retain leadership importance to a significant class and, according to Johnson (2014), there is evidence that founders, with their charisma and persuasive ability, are critical to attracting investor capital during the scaling stage (Johnson, 2014).At the critical growth stage, it is inevitable for businesses to replace individual leadership with corporate leadership, establishing the governance systems and processes required by liberalr, more complex, and necessarily more a ccountable, organizations. Founders who cannot or will not let go of personal influence when this moment arrives inadvertently extirpateanger the hereafter of their organization and its mission with their determination to stay in control.None of this may ultimately be the founders fault. In fact, rather than being seen as a failure on the part of the founder, founders syndrome is seen as a failure of a more extensive organizational leadership that allows a focus on the founder to distract from a focus on business dodging and mission (Schmidt, 2013).Businesses that neglect to create governance systems create a humour where founders syndrome (among other issues) can adversely affect the company. Good governance practice provides a way for organizations to make a smooth transition from founder-led to regime board-led organization.Establishing a strong, unified, independent board with robust accountability and decision-making systems makes companies capable of avoiding some of the worst negative impacts of founders syndrome without destroying the coercive benefit the founder brings to the organization or sacrificing the connection between mission and business established by the founder.Business organizationsBusiness organizations today operate in an environment that is characterized by hot global competition.A sound strategic management perspective is imperative for any enterprise to achieve sustainable strategic competitiveness and earn preceding(prenominal) average returns. Business leaders need to adopt a new mind-set that values flexibility, speed, intro, integration and the challenges that evolve from constantly changing conditions (Hitt & Duane 2006 2-10).Intel sess of the US is the worlds largest semiconductor device company. Paul Otellini is its Chief decision maker Officer and Craig Barrett is the Chairman, Board of Directors.Intel combines advanced chip design capability with a leading-edge manufacturing capability. It unveiled its new brandi ng and marketing strategy in the di romance 2006. It included a new logo and tagline Intel leap ahead in accordance with the changing times (Edwards 2006 43-53).Today Intel is the leading manufacturer of elevated up grapheme processors, chipsets, motherboards, adapters, Ethernet controllers, micro controllers, PCI bridges, storage systems etc. for a wide range of applications like desktop, laptop, servers and workstations, networking communications, consumer electronics, health care sector and entertainment pains.A vision is a bridle-path map showing the route a company intends to take in developing and strengthening its business. Well-conceived vision educational activitys are distinctive and specific to a given organization. (Thomson, et. Al., 2006, pp. 15-20).The vision of Intel toilet is At Intel, we constantly push the boundaries of world in order to make peoples lives more exiting, more fulfilling, and easier to manage. Our unwavering commitment to moving technology f orward has transformed the world by leaps and bounds.We are a company thats always in motion, fuelling an constancy that never rests. We inspire our partners to develop innovative products and services, rally the industry to support new products, and drive industry standards. We do this so that we can collectively deliver better solutions with greater benefits more quickly.Through its vision statement Intel mint has set a very clear and convince road map for its sustained growth and success.An organizations mission is the very purpose or the reason for the existence of the organization. The mission statement of Intel is very well conceived and defines the fundamental reason or unique purpose of its existence.It sets the company apart from other firms of its type in the semiconductor industry. It in like manner promotes a sense of shared expectations in its employees and it also communicates a positive image about itself to important stakeholders of the company like its sharehold ers. Objectives are the end results of all the planned activities of a given company.The objectives of Intel Corporation are to poke out leadership in silicon and platform manufacturing, deliver architectural innovation for market-driven platforms and drive worldwide growth. The achievement of the objectives so stated by Intel Corporation will definitely result in the fulfillment of its mission statement.Scanning of the international environment helps the companies to understand and analyze external strategic issues and factors to identify the opportunities and threats set about it.The factors having the greatest impact on the companys strategy-shaping mainly match to the companys immediate Industry and the environment in which it operates. Intel Corporation is a leading player in the semiconductor industry which comprises of all organizations that are engaged in the design and manufacture of semiconductor devices.Currently in the semiconductor industry the threat of new entrant s is low as the insertion barriers are high. The industry is characterized by rapid technological advances, continuous product innovations, economies of scale in manufacturing of the products and strong learning/experience curve effectuate driving down costs continuously.The inter firm rivalry is high and there is intense competition between the major players in this industry like Intel, Samsung, Texas Instruments, ST Microelectronics, NXP, Freescale, Infineon etc. The threat of substitutes and the bargaining power of the suppliers in the semiconductor industry is low.As the industry sells to a small number of very large customers who buy in very large quantities the bargaining power of the customers is very high. The relative power of the other stake holder that is the government is high as the U.S. government regulates exports and certain uses of some types of semiconductors due to their potential use in military applications.