Business Organizations

Community Counseling Service Need for non-competition clause in contract but must be c atomic play 18ful not to violate public ppolicy What is the vocation of a party to the soused when he is planning to leave but hasnt yet left? You poopnot essay out firms clients while you atomic number 18 still operative there Hamburger Did not solicit clients line of business while he was still their employ Anderson Rule categorical fiducial duty obliges the fiduciary to act in the best interests of his client or beneficiary and to abstain from self-interested behavior not specific e actuallyy al starting timeed by the drill contract.Easterbrook and Fischel Rule knockout to apply in practice socially optimal fiduciary rules approximate the bargain that iinvestors and agent would strike if they were able to dicker at no cost. (not a great rule because there are ceaselessly effect costs) Limitations on the right to discharge Foley Must decide what the relationship between the part ies is independent contractor, employee, etc? Cannot be fired for irrational reasons or for certain defend reasons (if employee) Employees invest and rely, thereof they need protectionAlleged public ppolicy employees doing the right thing for their employer greet says there is no public interest in helping a private 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 butterfly says no, there would be no duty to mitigate for contract breaches, therefore its not a good idea debt instrument to Creditors (39-49) Blackburn P reasonably believed A was acting with the authority of P, P did nothing to dissuade her belief Sennot All first mates are agents for the principal, by default PARTNERSHIP Partnerships and former(a) Non-Corporate Forms GPs An association of two or more people to carry on, as co-owiners of a business for lettuce A lot of litigation is clea r-cut on whether or not the parties were co-owiners Intent that counts is not the creation of a union, but the intent to carry on a business for profit as co-owner Evidence of whether or not there is a partnershipControl Sharing of profits and losses JVs Partnership for a special(a) time and limited purpose LPs Limited partners are very often standardized stock pallbearers they are just investing their m 1y, they dont take for management rights/ mights and are not liable for partnership debts Generally, only one general partner and multiple limited partners/ passive iinvestors Cannot accidentally autumn into a limited partnership because LPs must be registered with the government (gen. state) LLCsForm of a business physical composition for a small number of people with a relatively close relationship but who dont inadequacy to be individualisedly liable for business expenses As ssimilar as workable to a stool without being taxed like a corporation Interests are not free ly transferrable like in a corporation LLPs Same as general partnership except creditors cannot go subsequently partners personal wealth for partnership debt LLLPs The general partner is no long-lasting liable for partnership debts Same can be achieve if the GP is a smart set (or some other non-human) Characterizing the RelationshipByker v. Mannes The definitive way to secure your relationship is not characterized as a general partnership is to bring forth a different token of business system of rules You can always leave a partnership, at any time You can evanesce into GPship Hynansky v. Vietri H never filed a partnership tax return and toughened 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 roughly who was going to share losses One gave money, the other gave only sweat Default rule is that losses follow profitsLost oopportunity costs for both parties fid uciary Duty (75-87) Duty of Loyalty Meinhard v. Salmon Question of fiduciary duty Meinhard claims Salmon should have told him about the new deal Salmon got the oopportunity with being a partner, therefore he owes Meinhard, at least, the duty to exhibit Salmon has a duty to Meinhard in their vulgar business what is their common business? Revised Partnership Act 403 Duty of care 404 Duty of loyalty 103(b) Set of default rules, subject to limitations (3) duty of loyalty cannot be taken away Self-dealingBusiness OrganizationsFounders syndrome When founders try to hang on to sustain to the detriment of the organization is capaciously 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 founder denomination with the business or product 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 firm, or social entrepreneurship. In all instances, these individuals tend to be passion-driven people with a sense of personal flush that translates to their organization.They are, understandably, highly identified with the organizations they create, and this individual sense of commitment is often detailed to bringing the organization through its early process stages.There is no surmise the founder is central in the early days of social entrepreneurship.Later, during the maturation stage, the founder may retain leadership importance to a earthshaking degree and, according to Johnson (2014), there is evidence that founders, with their charisma and persuasive ability, are vital to attracting investor capital during the scaling stage (Johnson, 2014).At the critical growth stage, it is necessary for businesses to replace individual leadership with corporate leadership, establishing the disposal systems and processes mandatory by lar ger, more complex, and necessarily more accountable, organizations. Founders who cannot or will not let go of personal influence when this moment arrives inadvertently thwart the future 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 mischance on the part of the founder, founders syndrome is seen as a failure of a more extensive organizational leadership that allows a focussing on the founder to distract from a focus on business dodge and mission (Schmidt, 2013).Businesses that neglect to create governance systems create a climate where founders syndrome (among other issues) can adversely affect the company. Good governance practice provides a way for organizations to make a smooth variation from founder-led to governing board-led organization.Establishing a strong, unified, independent board with robust accountability and decision-making systems makes compan ies subject of avoiding some of the worst negative impacts of founders syndrome without destroying the positive 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 intense global competition.A sound strategical management perspective is positive for any enterprise to achieve sustainable strategic competitiveness and cook above average returns. Business leaders need to adopt a new mind-set that values flexibility, speed, innovation, integration and the challenges that evolve from ever ever-changing conditions (Hitt & Duane 2006 2-10).Intel heap of the US is the worlds largest semiconductor unit company. capital of Minnesota Otellini is its Chief Executive Officer and Craig Barrett is the Chairman, Board of Directors.Intel combines advanced chip endeavor capability with a leading-edge manufactu ring capability. It unveiled its new branding and marketing strategy in the year 2006. It included a new logo and tagline Intel jump ahead in accordance with the changing times (Edwards 2006 43-53).Today Intel is the leading shaper of high quality 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 industry.A quite a little is a road map showing the route a company intends to take in developing and strengthening its business. Well-conceived vision statements are characteristic and specific to a given organization. (Thomson, et. Al., 2006, pp. 15-20).The vision of Intel Corporation is At Intel, we constantly push the boundaries of innovation in order to make peoples lives more exiting, more fulfilling, and easier to manage. Our unwavering commitmen t to moving technology earlier has transformed the world by leaps and bounds.We are a company thats always in motion, fuelling an industry that never rests. We inspire our partners to develop advanced(a) products and services, rally the industry to support new products, and drive industry standards. We do this so that we can collectively bear better solutions with greater benefits more quickly.Through its vision statement Intel Corporation has set a very clear and convincing road map for its sustained growth and success.An organizations mission is the very purpose or the reason for the instauration 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 too promotes a sense of shared expectations in its employees and it also communicates a positive image about itself to important stakeholders of the com pany like its shareholders. Objectives are the end results of all the planned activities of a given company.The objectives of Intel Corporation are to extend leadership in silicon and platform manufacturing, deliver architectural innovation for market-driven platforms and drive worldwide growth. The achievement of the objectives so say by Intel Corporation will definitely result in the fulfilment of its mission statement.Scanning of the external environment helps the companies to understand and analyze external strategic issues and factors to identify the opportunities and threats facing it.The factors having the greatest impact on the companys strategy-shaping mainly pertain 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 frame of semiconductor devices.Currently in the semiconductor industry the threat of new entr ants is low as the entry 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/ engender curve effects driving down costs continuously.The inter firm rivalry is high and there is intense competition between the study players in this industry like Intel, Samsung, Texas Instruments, ST Microelectronics, NXP, Freescale, Infineon etc. The threat of substitutes and the negotiate 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 imputable to their potential use in military applications.