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International Business Environment of Huawei

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International Business Environment of Huawei

Researchers agree that multinational enterprises (MNEs) are the principal incumbents in the international business environment because these organisations pursue strategic sales and production success from a global platform (Lehdonvirta et al., 2019; Twarowska & Kąkol, 2013). What this means is that strategy is an essential component of the international business environment of a transnational company. The international business environment of any contemporary multinational corporation presents a broad gamut of opportunities and challenges manifested in the form of cultural diversities, political and legal risks, socio-cultural and socioeconomic considerations, regulatory and exchange opportunities and risks, and technology, among other factors. This individual report focuses on the international business environment of Huawei Technologies Company Limited, a Chinese multinational enterprise dealing with mobile telephone technology and telecommunications. The report comprises four sections the first of which addresses the potential future challenges Huawei could face in different global business environments. The second section covers the impact of two international trade theories on Huawei. While the third section discusses how foreign direct investments have impacted Huawei, the last section includes a discussion on how this multinational corporation manipulates international financial markets and the international monetary system for its competitive advantage.

Section 1: Potential Future Challenges

Cultural and Political/Legal Challenges

Recently, Huawei has been in the vanguard of establishing and realising a robust business foothold across Europe and the United States. However, this move has come along with political strain that might become a powerful challenge in the future. In the most recent case, the political strain has manifested in the form of allegations of colluding with the Chinese government to conduct espionage abroad, especially against the United States (Mascitelli & Chung, 2019; Parkinson, Bariyo, & Chin, 2019). The political strain will be a potential future challenge because it will shut the relationships between Chinese authorities and foreign governments, limiting Huawei’s ability to enlarge its operations in international markets. Another potential future challenge in the political business environment includes politically-motivated trade sanctions. Recently, the United States initiated such sanctions due to the unfriendly political climate in Washington as regards the spying allegations. These sanctions have hurt Huawei’s business in the United States by causing it to lose its competitive advantage. If such sanctions continue due to the current trade-war tensions between Beijing and Washington, Huawei might see its competitive edge dwindle further, evinced by extensive layoffs that Huawei has planned to execute in the United States (Marcus, 2019).

As regards potential challenges in the sociocultural business environment, one of them is the possibility of frequent changes in global customers’ tastes and preferences of mobile phones. These changes will depend on transformations in native traditions and the adoption of new social tendencies across global cultures where Huawei has established its business operations. Eventually, changes in tastes and preferences will drive demand for new mobile phones and other know-how merchandises, posing a challenge for the multinational enterprise as it seeks to meet this new demand. Another potential sociocultural challenge includes perceptions of and behavioural attitudes towards product quality. Recently, there have been widespread perceptions that Chinese brands are associated with poor quality, which has prompted recalls of some Chinese brands as confirmed by Hung, Guillet, and Zhang (2019). Such perceptions could harm the marketability and market performance of Huawei’s brands across the globe. The last possible sociocultural challenge is educational differences between Huawei’s marketers and its target market. This will be a challenge in the future in that it would make it difficult for these marketers to relate to and engage with the target market with the desired level of efficacy.

Lastly, concerning the potential challenges in the legal realm, one of them includes differences in data protection laws and intellectual property rights in different host countries. Different countries in which Huawei operates have different data protection laws and intellectual property rights, which will be a challenge for the corporation when developing policies for compliance with these legal provisions (Huawei Technologies Co., Ltd., 2019; Seuba, Geiger, & Penin, 2018). Huawei will also face the risk of losing its competitive advantage and high chances of failure in case of data theft incidents in some of these nations. Another potential legal challenge involves changes in occupational health and safety laws across different host nations. This will be a challenge because reinforcing the proper health and safety regulations could be expensive as specialised training programs might be essential for Huawei.

Economic Challenges

One potential economic challenge that Huawei might face in the future is exorbitant tariffs. The trade-war tensions between Beijing and Washington, for example, are triggering the imposition of ridiculous tariff rates on Chinese brands by the United States. Aside from imposing such tariffs, the U.S. has also banned Huawei from buying American technologies (Soo & Chen, 2019). If these tariffs continue to be effected, Huawei’s profitability and global market performance will be hurt terribly because suppliers will cease their business with the company as higher tariffs trigger higher prices. Another potential economic challenge is exchange rate fluctuations. These fluctuations will be a significant issue for Huawei because frequent exchange rate fluctuations are an indication of an unstable currency. Currency instabilities will discourage international investors, affecting Huawei’s profitability. The last challenge in this global business environment is instability in interest rates. Lower interest rates will discourage individuals from borrowing and investing in Huawei’s business, which will reduce the company’s international growth, Turner and Spinelli (2013) suggest.

Technological Challenges

The first potential challenge in the technological business environment is the innovation breakthrough of rival corporations. Current innovation breakthroughs and technological advances by competing firms will mean that Huawei will need to continue monitoring the popularity trends of new technologies. While such an action would be essential to stimulating a sense of innovation urgency needed to upgrade Huawei’s technology, it might be expensive because it would disrupt the company’s revenues. Another possible challenge in the area of technology is forced technology transfer. Forced technology transfer (FTT) is a phenomenon in which foreign enterprises are required to surrender their technologies to Chinese firms via a joint venture treaty to be allowed to enter the Chinese market. According to Prud’homme et al. (2018), China upholds strict FTT policies aimed at augmenting foreign-domestic technology transfer, which has the effect of simultaneously flagging the appropriability of foreign innovators. In countries where Huawei has established its operations, such coerced tech transfer policies are deemed to be against antitrust laws, for example, in the United States. This means that adhering to them could adversely damage Huawei’s relationships with foreign innovators from these countries.

Competitive Challenges

One competitive challenge that Huawei could potentially encounter in its international business setting is the inadequacy of intercontinental experience in handling global stock markets. Quartey (2013) argues that insufficient experience in dealing with international stock markets is a challenge to many Chinese multinational corporations such as Huawei in that they become inclined to compromising and sacrificing their total quality standards in host countries, culminating in them selling their products cheaply. Another potential competitive challenge is deficiencies in cross-cultural marketing communication competency. A general lack of cross-cultural communication competency would be a challenge to Huawei’s human resource management in host countries. This is because the HRM function would find it difficult to adapt Huawei’s human resource management policies appropriately to host countries’ cultural environment, culminating in negative consequences to the company’s competitive advantage. The last potential competition-related challenge is the type of government policies in host nations. Some government policies restrict foreign direct investments, which are the primary foundation for Huawei and many other Chinese multinationals. Such policy restrictions could be based on the fact that these multinational firms are unsupportive of collaborative business models, contributed weakly to capacity building, and endorse poor business sustainability and labour practices in some developed countries (Quartey, 2013).

Physical/Natural and Demographic Challenges

The key potential natural challenge that Huawei might encounter is adverse weather conditions. This may be a challenge in that it might hamper Huawei’s capability to transport raw materials and finished products to the target market as Dellink et al. (2017) suggest. Another natural environment challenge is compliance with global environmental protection regulations. Huawei produced plastic wastes. While the firm is doing reasonably well in waste management, a slight failure to manage plastic wastes properly could land the company into problems with environmental protection agencies of host countries. As regards demographics, the key potential challenge would involve establishing the appropriateness of some of its products for specific ages and genders in the host countries.

Section 2: Effects of International Trade Theories

The two theories of international trade that have influenced the global business practices of Huawei include mercantilism and international product lifecycle.

Mercantilism

The theory of mercantilism is an international trade principle that posits that governments can regulate trade activities and the economy to promote domestic industries, typically at the expense of other nations (Pincus, 2012). From the mercantilists’ perspective, governments ought to encourage exports while controlling economic activities by imposing restrictions on imports if necessary to ensure their countries’ export surplus. In other words, the essence of mercantilism is the opposite of free trade as it entails governments establishing policies that restrict imports as a mechanism of protecting domestic industries while augmenting their export surplus. Contemporary mercantilism involves policies such as currency devaluations, protectionist sentimentalities, and government subsidies for local industries to achieve unfair competitive advantage.

In recent times, China has been accused of adopting some of these policies to encourage mercantilism that has influenced Huawei. For instance, the country has been adopting currency manipulations or devaluations where it buys foreign currency assets to keep the global exchange rates undervalued aiming at making exports from local industries more competitive (Atkinson, Cory, & Ezell, 2017). Such mercantilist policies have been in favour of Huawei. The Chinese President agrees with this assertion by acknowledging that “Huawei is the spearhead of China’s global mercantilist expansion.” President Xi attributes this to Huawei’s sophisticated utilisation of Western human resources and technologies to manufacture advanced and highly competitive products that have already enabled the partial attainment of the dream of a new eminent China (Zhang, 2019).

Huawei has been influenced by what is termed innovation mercantilism. The government of the People’s Republic of China establishes mercantilist policies to protect Huawei from other international technology multinational corporations because the stake of Beijing in Huawei is incredibly high. Zhang (2019) argues that Beijing believes that the future will be controlled by whosoever has control over 5G technologies. Since Huawei had already made steady and significant strides in these technologies, China is prepared and committed to protecting the firm against ostracism emanating from the United States’ sanctions by using proactive mercantilist policies.

International Product Lifecycle

The theory of international product lifecycle was coined by Raymond Vernon in 1966 to describe international trade developments and patterns that could not be explained using earlier trade paradigms such as Hecksher-Ohlin’s model. The theory posits that a product traded in international markets develops in four stages, namely, introduction, growth, maturity, and decline as shown in the diagram below.

Figure SEQ Figure * ARABIC 1: International product lifecycle

Source: Adapted from Urhan (2017)

So, Vernon identified three product categories based on these stages and their behavioural patterns in the international market. The first is a new product, which is found in the introduction stage of the cycle. This product is developed in the most advantageous nation that has technological and research, and development capabilities. Here, developed countries accept innovation as the existence of high-income product consumers makes it easy to buy the new product (Urhan, 2017). The new product enters the local market to meet new consumer demand while lessening uncertainty and risks (Tanner & Raymond, 2012). Limited international trade occurs at this phase of the product life cycle.

In the second stage, namely, growth, the product undergoes further development due to the introduction of new product standards and features. Sales, profits, and foreign demand for that product grow, and domestic and overseas competition surfaces (Tanner & Raymond, 2012). With the development of foreign direct investment in this stage, production costs for creating the product are decreased as labour and transportation costs are minimised. Production advantage is relocated, allowing for international mobility of capital and management. Consequently, this encourages a higher utilisation of mass-production techniques that lead to product volume augmentation and production cost reduction (Urhan, 2017).

The third stage is where a mature product emerges because it entails advanced innovation and use of technology, entry of many competitors into the market, and reduction of potential new clients, leading to the loss of comparative advantage by the country of product origin (Tanner & Raymond, 2012; Urhan, 2017). Companies dealing with the product adopt process and product standardisation as a way of lessening production costs. The domestic production of the product begins to collapse and eventually stops in the nation of product origin. So, the country concentrates on relocating the mass production of the standardised product to other countries, especially developing countries (Urhan, 2017). Developed countries continue to work on further product innovation. In the last phase, namely, decline, the demand for the product stops because the market is satisfied by the existing product offerings. The entrance of new innovative products contributes to this stage (Urhan, 2017).

Most models of Huawei’s mobile phones have undergone the first three phases of the international product lifecycle. This is evinced by the global presence of many Huawei brands manufactured in the last few years. Even so, the company has a strategy to manage its international product lifecycle effectively to ensure that its offerings remain in the market, despite some reaching the decline stage. The strategy entails the norm of continuously replacing old products with new innovative products at a reasonable pace to attract more users while enhancing the corporation’s competitive advantage in the global markets (Huawei, 2013). The company manages its international product lifecycle based on current industry conventions.

Section 3: Effects of Foreign Direct Investments on Huawei

The concept of foreign direct investment (FDI) encompasses an investment made by an enterprise in one nation into business-related interests that are located in the company’s parent country. So, FDIs occur when investors either established business initiatives or operations overseas or acquire foreign business assets in a corporation abroad (European Commission, 2019). Foreign direct investments provide a means by which multinational corporations in one country control business ownership in business operations in other countries. Savsin (2011) submits that developed countries utilise foreign direct investment as a source for recycling their comparative advantage to less-developed nations. Foreign direct investments are also a source of additional productivity, economic growth, employment, and wages for both the origin and host countries. According to Carril-Caccia and Pavlova (2018), the expansion of multinational enterprises via foreign direct investment comes along with the establishment of complex cross-border chains of production that have significant implications for these MNEs.

For Huawei, foreign direct investments have had important effects and implications. This multinational corporation has extended its ICT investments geographically across all continents in the world. One of the ways these foreign direct investments have influenced Huawei’s business is by allowing the company to learn new approaches to enriching its global competitiveness. Through direct investment overseas, Huawei has learned new methodologies of leveraging and optimising its market competitive variable to its advantage. Secondly, FDIs provide Huawei with access to company-specific assets, including advanced technologies, production knowledge, and expertise needed for innovative product development. In agreement with this point, Konara and Wei (2017) sustain that FDI is the quickest and most effective avenue for MNEs to access enterprise-specific assets as domestic corporations are in direct contact with these MNEs.

Thirdly, foreign direct investments have enabled Huawei to expand its bottom line. Huawei’s parent country, China, is a speedily developing economy, which means ease of capital availability for Huawei to establish FDIs that are critical to spurring development while stimulating a competitive spot for Huawei in the international marketplace. Fourthly, foreign direct investments have influenced Huawei positively by enabling the corporation to cut production costs, secure the supply of minerals and natural resources needed for phone manufacturing, and attain and maintain sustainability in global competitiveness (Beiguang, 2008). Furthermore, foreign direct investments have enabled Huawei to diversify its investment portfolio through expanded overseas holdings that multiply the firm’s returns without increasing risk. Lastly, FDIs have been fundamental in facilitating Huawei’s internalisation strategy aimed at enabling this multinational corporation to internalise its ownership-specific advantages to lessen transaction costs during international production (Beiguang, 2008).

Section 4: Manipulates International Financial Markets & International Monetary System

International financial markets include institutions such as international capital markets, foreign exchange markets, and the international money market. These financial markets allow entities such as institutional investors of multinational corporations to buy and sell financial assets such as currencies, bonds, securities, commodities, and stocks across borders (Darškuvienė, 2010). The only way in which Huawei leverages and manipulates international financial markets is by taking part in the foreign exchange market. This is because operating on foreign soil requires Huawei’s investments and transactions in the Chinese Yuan to be converted to the local currencies of the host nations. Chen (2018) acknowledges that Huawei maintains several strategies for managing its foreign exchange rate risks, including market development and the utilisation of scientific forecasting financial instruments. Huawei is not publicly traded but rather privately held, implying that it does not participate in stock markets. Also, being a Chinese-based MNE means that Huawei is not obliged to submit fillings to the United States Security Exchange Commission.

The international monetary system encompasses an operating framework of conventions, rules, standards, and supporting institutions in the global financial environment that enable cross-border investments, international trade, and capital movement and reallocation between nations (Farhi, Gourinchas, & Rey, 2011). This system also establishes the guidelines and procedures for universal payments and exchange rate determination. Since Huawei takes part in foreign exchanges, it manipulates the international monetary system for its competitive advantage in two ways. The first is by maintaining offshore treasury operations in London aimed at catalysing the business use of the Renminbi in the future (Chatham House, 2015). The second is by exploring new ways of taking advantage of China’s calls for the diversification of the international reserve currency system and the improvement of the associated regulation regime.

References

Atkinson, R. D., Cory, N., & Ezell, S. J. (2017). Stopping China’s mercantilism: A doctrine of constructive, alliance-backed confrontation. Alliance-Backed Confrontation (March 16, 2017).

Beiguang, Z. (2008). Internationalisation of Chinese MNEs and Dunning’s Eclectic (OLI) paradigm: A Case study of Huawei Technologies Corporation’s internationalisation strategy (Doctoral dissertation, Master Thesis, Lund University, Sweden).

Carril-Caccia, F., & Pavlova, E. (2018). Foreign direct investment and its drivers: A global and EU perspective. ECB Economic Bulletin, (4).

Chatham House. (October 22, 2015). The Renminbi and the changing dynamics of the international monetary system. London, UK. Chatham House.

Chen, X. (2018). Management of the foreign exchange rate risk in a Chinese company. (Diploma Thesis, Ostrava University).

Darškuvienė, V. (2010). Financial markets. Kaunas. Vytautas Magnus University.

Dellink, R., Hwang, H., Lanzi, E., & Chateau, J. (2017). International trade consequences of climate change. OECD Trade and Environment Working Papers, 2017/01. OECD Publishing, Paris.

European Commission. (2019). Foreign direct investment in the EU. Commission Staff Working Document. Brussels. European Commission.

Farhi, E., Gourinchas, P. O., & Rey, H. (2011). Reforming the international monetary system. Working Paper. London, UK. International Growth Centre.

Huawei Technologies Co., Ltd. (June 27, 2019). Respecting and protecting intellectual property: The foundation of innovation. Huawei White Paper on Innovation and Intellectual Property. Huawei Technologies Co., Ltd.

Huawei. (2013). Life cycle announcement strategy. Huawei. Retrieved December 4, 2019, from https://support.huawei.com/enterprise/NewsReadAction?newType=0304&contentId=NEWS1000002017.

Hung, K., Guillet, B. D., & Zhang, H. Q. (2019). Understanding luxury shopping destination preference using conjoint analysis and traditional item-based measurement. Journal of Travel Research, 58(3), 411-426.

Konara, P., & Wei, Y. (2017). Foreign direct investment as a catalyst for domestic firm development: The case of Sri Lanka. Transnational Corporations, 23(3), 1-32.

Lehdonvirta, V., Kässi, O., Hjorth, I., Barnard, H., & Graham, M. (2019). The global platform economy: A new offshoring institution enabling emerging-economy microproviders. Journal of management, 45(2), 567-599.

Marcus, S. (January 09, 2019). Huawei plans extensive layoffs at its U.S. operations: WSJ. Thompson Reuters. Retrieved December 4, 2019, from https://www.reuters.com/article/us-usa-china-huawei-tech/huawei-plans-extensive-layoffs-at-its-u-s-operations-wsj-idUSKCN1U9058.

Mascitelli, B., & Chung, M. (2019). Hue and cry over Huawei: Cold war tensions, security threats or anti-competitive behaviour?. Research in Globalisation, 1 (100002), 1-6. Doi: 10.1016/j.resglo.2019.100002.

Parkinson, J., Bariyo, N., & Chin, J. (2019). Huawei Technicians Helped African Governments Spy on Political Opponents. The Wall Street Journal, 15.

Pincus, S. (2012). Rethinking mercantilism: Political economy, the British Empire, and the Atlantic world in the seventeenth and eighteenth centuries. The William and Mary Quarterly, 69(1), 3-34.

Prud’homme, D., von Zedtwitz, M., Thraen, J. J., & Bader, M. (2018). “Forced technology transfer” policies: Workings in China and strategic implications. Technological Forecasting and Social Change, 134, 150-168.

Quartey, S. H. (2013). Competitive challenges facing Chinese MNCs in Ghana. Asia Pacific Journal of Business and Management, 4(2), 19-38.

Savsin, S. (2011). China’s integration in foreign trade: Revealed comparative advantage analysis for Sweden in relation with China. Orebro University, School of Business.

Seuba, X., Geiger, C., & Penin, J. (2018). Intellectual property and digital trade in the age of artificial intelligence and Big Data. Global Perspectives and Challenges for the Intellectual Property System: A CEIPI-ICTSD publications series. ICTSD & CEIPI.

Soo, Z., & Chen, C. (June 02, 2019). While Huawei will be bruised by tech war, some Chinese suppliers could suffer a knock-out blow. South China Morning Post. South China Morning Post Publishers Ltd. Retrieved December 4, 2019, from https://www.scmp.com/tech/big-tech/article/3012109/while-huawei-will-be-bruised-tech-war-some-chinese-suppliers-could.

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19th-century artists challenge to Academy

Academic art is a style of either painting or sculpture production influenced by the European literary arts. Beaux-Art architecture is closely related to academic art as it holds the same classical ideal. The painting and sculpt expressed thoughts and statements, values, and ideas concerning an object or subject.

Although academic art was influential, it brought along the challenge to theoretical values. Academic art was not into the concerns, wants or the interest of an individual. Some of the significant difficulties with the art were unclear communication, social identity, capabilities are ignored, and economic and social imbalance.

Some art and sculpts do not give precise information on the message they are to put across, especially to those who cannot translate them. There is also misinterpretation of the message being put on a cross by different paints as different people see and judge their opinions. The art of a bird on a tree may be used to show a sign of peace, but another person interprets it as love for nature, unlike in modern academics, where a written message is given to be read and understood by most people.

Not all people are interested in art, but literary art does not give an alternative option for a student to choose from. This is a challenge to the academic values, which are more concerned with the interest and what the learner wants to identify him or herself with. The potential of a learner is also not given any concern. A learner may be capable of doing a good write-up, but since it is only available, it remains hidden and not utilized.

Art has different segments, which are; artistic purpose, subject matter, and content. All this has contributed to the change in art expectations. The purpose of art has transformed from being a mechanical or technical skill to a contemplated and introspected thinking. The area of concern that has led to the inspiration of art may be a cultural, historical, or formal context that has changed the subject matter in art. Art is no longer a decorative piece to an emotional and our way of thinking as a person. A piece of art has helped change how we think and appreciate certain perspectives of life like diverse cultures and communities and their participation in different aspects of life.

Art is still one of the many ways to express one’s thinking and appreciation of different things. Giving the proper art education without forcing it on people brings out the effectiveness of art and can convey the intended meaning. The theoretical values have contributed significantly to this by getting the interest direction of a learner, nurturing it, and ensuring the learner produces what was intended and not the instructor’s order. This provides the people seeing the art or sculpts able to derive intended meaning.

19th Century Art Concerning Modern Life

Artist in the 19th century has in one way or the other described modern life in different arts. Some artists used their skills to describe the emotional and psychological effects of the transformation. An example is a painting showing a stripped person with an anxious face. This shows a person deprived of what he knew and meeting a new world with no idea how to go about it. This shows the transformational journey and its consequences.

Some other arts were used to show the kind of lifestyle coming or being experienced in modern life. Art leads people to a gathering with drinks and specific modes of dressing that were not seen in the 19th century. The art explains the day-to-day life of people, the modern life of partying, and the indecent mode of dressing that has come along with the lifestyle.

Art colors also gave different phases in the transformational journey to modernization. Some artists used dark colors to express the difficulties to be experienced during the transformation. Bright colors with a shade of white were used to encourage patience in the transformation process to modernization which is vivid in the modern world.

The human figure was one of the significant arts used to send or express ones thinking or art direction. A human figure with strokes was a sign of a hinder or a courageous person. Some on vases or walls showed cultural beliefs and trust. A human figure, especially interiors, led romance and quietness—Pastel color, which raised the worker’s mood. A figure drawn with casual clothes that is bright with a pose shows confidence in the person. A person with dull colors and looking straightforward was depicted to show vulnerability and easy to be taken advantage of.

The human body was also used to express optimal beauty. The journey to explore the human body was used to the technological rapid change in the development of many life areas. The political and social changes were also artistically shown using the human body, which transforms as time goes by. This art depiction is vivid in the current rapid change in almost all aspects of life from social, political, and even cultural elements. The use of colors on women’s art figures also gave meaning to the described type of woman. A woman figure with blank ink and white background indicated simplicity in a woman. Others showed immorality and others chaotic

Whether modern or ancient, art always gives a broad message than spoken words to those who can deduce it. Technology has improved art in many aspects and made it more apparent to everyone despite being an artist in the contemporary world. This has contributed to many people developing an interest in artwork. Art has also boosted the economy as it used a skill to earn a living among people with the desire to venture into it without being forced. Art is food for thought.

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1970s Trends, Fads and Fashion

The 1970s were a time of fashion revolution. People exchanged their mode of dressing to keep up with the times, influenced by music, television shows, fashion magazines such as Vogue and Cosmopolitan, as well as social and political events of the times. Fashion items to be discussed include popular clothing materials, colors and styles, trends in hair and shoes, and the things that influenced these trends. To address the topic adequately, fashion can be divided into groups based on gender and age; men, women and youth, and other groups such as hippies, African-Americans, and heavy metal fans. Some of the distinct fashion styles in the 1970s include bright colors, bell-bottoms, puffed-up hairstyles, vintage clothing, satin, glitter, and platform shoes.

Women are the most prominent group when it comes to fashion because they concentrate a lot on their looks, clothes, and general appearance. The 1960s were characterized by hippie looks in women’s fashion, and the trend continued into the early 1970s. Some of the standard pieces of clothing that women preferred include tie-dye blouses, embroidered Hungarian blouses, capes, military shirts, ponchos, and Mexican peasant blouses as tops. These tops would be paired with popular bottom styles such as frayed jeans, bell-bottoms, midiskirts, maxi-dresses, and gauchos (Kim & Farrell-Beck 186). All of these items of clothing were made of extremely bright colors, Native American patterns, as well as Indian and floral patterns. Women also accessorized with items such as chokers, headbands, floppy hats, and dog collars and flowing scarves, all of which were made from natural materials such as shells, wood, stones, leather, and Indian beads.

Women’s fashion changes as the decade progressed. In the mid-70s, the hippie-look faded and was taken over by casual wear such as cardigans, sweaters, T-shirts, kimonos, khakis, jeans. Accessories became minimal, although almost all women carried shoulder bags. Popular shoe styles included loafers, Mary Janes, platform shoes and sandals, as well as knee-high boots. Marriage trends in the mid-70s also influenced fashion. Many more women got divorced and had to get work to support their families. These working women would wear midiskirts, tailored jackets, and fitted blouses, which were all feminized versions of the men’s business suit (Kim & Farrell-Beck 189). Women also began to layer their clothing, wearing multiple layers of clothing at once. Pastel colors took on more prominence with items of clothing such as pinstripe suits, palazzo pants, pencil skirts, suede coats, blazers, evening gowns, and low-cut dresses. Boots continued to be popular, including cowboy boots, platform boots, ankle boots, and wedge boots. The pantsuit became the go-to choice for women in executive positions in the late 70s as a political statement of their equality with the men at work.

The disco style of music was also trendy in the 1970s, and it had an impact on the fashion trends of the decade. Clothes worn to the disco were meant to show off one’s body, and the popular items were tube-tops, spandex shorts, wrap dresses, sequined halter neck shirts, and maxi dresses and skirts with high slits (Chapman & Johnson 12). Fashion magazines and TV shows heavily influenced 1970s hair and make-up trends. Many women wore their hair long and sleeked with a part in the middle, which came from 1960s fashion. Charlie’s Angels was a popular TV show, and it popularized the flicked hairstyle where women would flick their hair to look like wings at the temples. The Farrah Fawcett hairstyle incorporated waves, layers, and curls, and many women copied it. Women wore make-up in either minimalistic trends set by American magazines like Cosmopolitan, while others preferred the sexualized evening look promoted by European fashion (Welters 491). A smaller group went with glam and punk make-up.

Men and youth’s fashion resembled that of women in many ways; for example they also wore bright colors. The early 1970s were a time of prosperity for many young men, and they had either well-paying jobs or successful businesses. Satin shirts in the colors gray and black gained popularity among this group. The colorful fashion trends at the time led to the period being marked as the Peacock Revolution. Men wore candy-striped blazers, Nehru jackets, turtlenecks, tunics, and elephant bellbottoms that hugged the hips (Stone & Farnan 31). The mid70s were a time of casual fashion, and men opted for sweaters, cardigans, and T-shirts. Sportswear became more popular towards the end of the decade for both men and women.

Teenage fashion was controlled mainly by the music terns of the time such as punk, rock, and disco (Chapman & Johnson 13). Fashion from punk rock included ripped clothes, drainpipe jeans, black turtlenecks, tight leather pants, shirts, and jackets with taboo messages which were embellished with accessories such as studs, chains, spikes, and paint. Men preferred to keep their hair longer, probably as a sign of rebellion against earlier standards. The Elvis Presley hairstyle and the ducktail were common, and men used large quantities of Brylcreem to hold the styles in place. Men also liked sideburns at the time, although the trends faded towards the end of the decade. In conclusion, the 1970s was a time of exciting and colorful fashion choices. Men, women, and youth looked to the environment around them, such as music, politics, and social revolutions to determine their fashion choices. The most common trend among all groups includes bright colors, bell-bottoms, vintage clothing, mainly influenced by glam rock and disco music styles. Fashion was also used to make political and economic statements especially for women seeking equality with men at the workplace.

Works Cited

Chapman, Ian, and Henry Johnson, eds. Global Glam and Popular Music: Style and Spectacle from the 1970s to the 2000s. Routledge, 2016.

Kim, Eundeok, and Jane Farrell-Beck. “Fashion in context: Apparel styles worn by young women in the United States and South Korea in the 1970s.” Clothing and Textiles Research Journal 23.3 (2005): 180-202.

Stone, Elaine, and Sheryl A. Farnan. The dynamics of fashion. Bloomsbury Publishing USA, 2018.

Welters, Linda. “The natural look: American style in the 1970s.” Fashion Theory 12.4 (2008): 489-510.

Business Financing and the Capital Structure

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Date

Debt and Equity Financing

Debt and equity financing are the most common sources of capital in business. Most businesses prefer to use both financing methods to enable reduction of downsides of the other. Debt financing is short term costs and obligations where one will retain full ownership of your business. This is mainly borrowing money from creditors. Advantages of debt financing are: It if finite and payment of debt is over time without any obligation to lender. It is also tax deductible on interest on the short term or long-term loan. Disadvantage: Money must be paid back within a fixed duration. Assets of the business can be collateral to the lender. (Jack D. Glen, Brian Pinto, 1994)

Equity financing is a long term investment and the investors hold an ownership interest in the assets. The benefit is that money is given in exchange for equity in business of stock. Advantage of Equity financing: Business owner focuses on profit making rather than loan repayment. It’s less risky than loan as there is no requirement to pay back investors thus can channel profits into expanding the business. Disadvantage: The investors will demand for ownership interest and for any decision made you will have to consult them.

An investment banker can provide leverage and help sell your business .An investment banker helps a company raise significant capital for business owner and assist in propelling a company into the next stage. In selecting an investment banker we should look at their expertise which market sector they specialize in, their experience and relationship because you are entrusting him to sell your business.

Risks and return for common stock versus corporate bonds

Investing in stocks or bonds requires you to know about the issuing entity whether corporate or government. The issuer should have a good financial performance in which one can evaluate through bond ratings and annual reports. All investors believe the higher the returns on an investment the higher the risks are. (Justin Longnecker, J Petty, Leslie Palich and Frank Hoy, 2013)

Common stocks are considered to be an equity investment; companies sell or issue stock to raise capital to fund a business. Corporate bonds are debt instruments the issuer uses to borrow money and they are issued by companies representing larger bond markets. Corporate bonds have less risk than common stock, because the price of bonds isn’t likely to increase unless interest rates fall. When company’s earnings grow the common stock will rise over time and a reduced rating will usually cause bonds price to fall. Bonds help diversify an investment portfolio and reducing the risk e.g. a blue chip bond is a very low risk investment that provides good income.

Bonds are rated based on risks but common stock carry greater risk because holders are last to be paid in case of bankruptcy. Bond holders have the lowest risk and have a stronger claim to payment than common stock holders.

Diversifying the portfolio of investments reduce the risk of a sudden unexpected outcome, this assists when a loss in one investment maybe offset by a gain in another investments. A portfolio should be spread among many different investments such as assets e.g. real estate’s or even stocks. Securities should vary in risk by picking different investments with difference in returns ensuring that large gains offset losses in other areas. Diversification reduces risk taken by an investor but it does not lower risk of underlying securities and it’s difficult to reduce risk of securities.

Reference

Justin Longnecker, J Petty, Leslie Palich and Frank Hoy (2013) Small business management

(17 ed., pp. 144-256) Cengage Learning

Jack D. Glen, Brian Pinto. (1994). Debt or equity: How firms in developing countries choose. (pp. 3-27). Washington Dc: world Bank publication.

1984 Literary Essay Assignment ENG 4C

Due date: ___________________________ (rough work and turnitin.com)

(-5% per day late penalty until both rough work and good copy turnitin.com submissions have been made)

For this assignment you will write a five paragraph, 700-900 word essay on one of the following topics:

Analyze the theme of betrayal in 1984.

Analyze the theme of dreams in 1984.

Analyze the theme of the danger of government control in 1984.

Remember:

*You must submit evidence of the writing process (outline and edited rough copy).

*Use MLA format. (size 12, Times New Roman font, double space, use one side of the page…).

*Follow formal writing rules (present tense, no contractions, correct pronoun use…).

*Write in the present tense; use the active voice.

*Write a strong thesis statement that is proven with convincing evidence.

* Use the keyhole structure for essay writing.

*You must include at least one properly cited quotation in each of the body paragraphs.

*Each supporting point must have two pieces of evidence.

*When typing, italicize the title of the novel.

Submission:

On the due date please submit your essay in the following order:

Good copy (turnitin.com)

Edited rough copy (-10% if the edited rough copy is not submitted)

Outline

Plagiarism will be strictly dealt with and may result in a grade of zero.

Use critical thinking skills to consider the topic and write the essay. If further assistance is required, consult with the teacher during the writing process.

Outside research should only be conducted to obtain contextual information; cite all sources carefully.

There will be a 5% mark deduction for any work cited on the works cited list that does not correspond with in text citation.

Please note that it is an academic offence to submit your own work that has previously been submitted for academic evaluation.

Please see Mrs. Hill if you require help or have questions.

Good Luck!!

Name____________________________ T#__________________________

Please submit this in class and your paper to my email HYPERLINK “mailto:david.baker@tsu.edu” david.baker@tsu.edu

Due October 14th

Instructions for your mid-term

AJ 499:01

Fall 2019

Do not write a summary of the article nor evaluate the topic. INSTEAD evaluate the effectiveness of the presentation of the topic. All six (6) of the following must be completed in 4-5 pages APA format, 12 font and no running header. Cover and reference pages will not be counted. Failure to follow all directions will result in a penalty of 0 for this assignment.

The author is arguing …………….

The author constructs this argument in the following manner…… OR The author endeavors to convince the reader that his/her argument is correct by …………..

My evaluation of the author’s argument (not the topic) is ……….

because……..

Additional materials used and how each is related to the author’s argument.

Which course objective(s) best related to this article?

What is your understanding of the administration of justice after completing this take home exam?

Technology Management

Name

Professor

Institution

Course

Date

Technology Management

Question 1

Intellectual Property (IP) refers to a unique type of creation of the mind for which a number of exclusive rights is recognised under a number of corresponding laws. Within the intellectual property law, the owners’ posses exclusive rights to many kinds of intangible assets which may include artistic works, discoveries, inventions, symbols, and designs. In many jurisdictions, the common types of intellectual property rights are copyrights, industrial design rights, patents, and trade secrets (Haynes, 1995).

Gomulkiewicz, (2010) argues that intellectual property disputes may involve intellectual property like copyrights, patents, and technical innovations that many businesses need to adequately protect. Such disputes may include securing software licenses; negotiation, enforcement, and defence of confidentiality and non complete agreements; and drafting and the negotiation of software development and marketing contracts.

This particular case involving Tonica Car Manufacturing and Systems Inc is an intellectual property dispute concerning royalty claim in negotiation of software development, non complete agreements, and marketing contracts (Torrance, &, Tomlinson, 2011).

Question 2

According to Gomulkiewicz, (2010) valuation of technology is often subjective, though it may reflect its historical cost as adjusted by depreciation, and the value directly related to its expected profitability. Since technology is an intangible asset, the valuation criteria should establish parameters within the financial arrangement could be negotiated, not including only amounts, but also how the payments are to be made. The income approach is most appropriate in determining the respective shares the parties should each have of the benefits then find a royalty formula, as a rule of the thumb; the 25% rule should be applied. Assuming the income accrued by Tonica will be $6 million annually, and then the royalties that System Inc will receive is $1.5 million yearly.

Question 3

If Tonica loses the case,

The alternatives available for them may arise from the fact that the agreement was done through a verbal approval (lack of formal contract) and not a legitimate Intellectual Property Licensing. These illustrations show all the components of licensing agreements that were not all taken care of by System Inc.

Figure SEQ Figure * ARABIC 1: conceptual framework

The alternatives available to Tonica are: Auditing Licensing Agreements does not give Tonica all the terms of compliance with the royalty claims for current or future business plans. Royalty or other costs associated with the non existing license were not communicated to Tonica in advance. Estimated legal duration and period of technological usefulness of the system is very ambiguous, and therefore, Tonica has no legal obligation to be tied to these royalty claims. Therefore they can seek legal redress, acquire the system from another company, or just continue with System Inc.

They should not continue with System Inc, because System Inc. Do not seem sincere in their business dealings. In the initial verbal agreement, the clause on the royalties was not part of the costs, but later fixed by System Inc.

The fixed cost contract would be most appropriate to Tonica, considering the cost of the system, future business performance, and the ever changing technological advancements. These royalty payments will continue eating into their profits and add operation cost in their business. Tonica should severe their relationship with System Inc, and look for another system supplier who is in cognisant with their business goals and objectives.

Question 4

If the matter goes to court, Tonica should win the case, System Inc could not safeguard their intellectual property right by entering into a verbal contract. It is the responsibility of organisations to ensure that the software they build and sell is is done within a responsible policy framework for the use of their software and protection of their intellectual property. Withdrawal from negotiation is not the same as failure (Gomulkiewicz, 2010).

References

Gomulkiewicz R, (2010). Enforcement of Open Source Software Licenses: The MDY Trio’s Inconvenient Complications. Yale J. Law & Tech. 106

Torrance, W. &, Tomlinson, (2011). Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral. Yale J. Law & Tech. 138

Jack M. Haynes (1995). Computer Software: Intellectual Property Protection in the United States and Japan. Byline: Issue: VOL. XIII. NO. 2

50 minute lesson plan to teach modal verbs

Lesson Plan

Date: 4th January, 2014 Level: Intermediate

Activity: Teaching of Model verb: The students will practice the use of modals through singing and games.

Skills: Speaking, Listening and writing.

Outcome expected: throughout the entire learning lessons, the students ought to identify diverse modal verbs and the meaning that each of the verb convey: such as ability, suggestion, obligation and necessity. The students are also expected to also construct grammatically correct sentences that contain modals in the correct context. While the lesson still continues, the teacher will also expect the students to rehearse the use of the modal verbs through singing a song mashed up with modals verbs (Skocik & Weston, 2002 p. 67). The modals verbs will entail in the construction of the lyrical part of the song hence making it possible for the students to practice and convey the meaning of the verbs. Eventually, the teacher will also require the students to play some of the ESL games that will further promote the understanding of the modals verbs.

Resources needed for the lesson: The dictionary, board, marker, computers, data show, worksheets and speakers.

Introduction :

Greetings.

Intro-Warm up

“Using Modal verbs: an interactive presentation”

While-Stage:

“The modal verb song”

Post Stage:

“Review on Modals Verbs” Time

10Mins

15Mins

15Mins

10Mins Comments:

In the introduction, the teacher will greet students, call out the roll call and inform the students that the lessons will entail of modal verbs.

The teacher will give examples of related modal verbs: Can, Can’t, Should, Shouldn’t, Might, Have to and Must (Gerngross, Puchta & Thornbury, 2007 p. 81)

The teacher will then offer a brief description of the three stages of the lesson.

The introduction:

In the introduction, the teacher will present a power point that will reveal modal verbs to the students.

While stage: The teacher will expect the students to sing along the modal verbs songs.

Post stage: The teacher will present the ESL games on modals verbs and expect students to take part in the games.

The teacher will present power point slides containing modal verbs. In the presentation, the explanation of the usage of the modal such as; Must Can Cannot, Must not, May not and May (Skocik & Weston, 2002 p. 78). The power point will also contain a brief description of the modal verbs. The meaning of each of the modal verbs will also entail of the main parts of the slides. Through the use of the L2 audio samples, the teacher will also give the correct pronunciation and usage of the modal verbs. (The teacher will require the students to pay attention to the audio samples).

After the presentation and necessary explanations, for purpose of ensuring that students have understood, the teacher will require the students to complete 5 fill in exercises Must (Gerngross, Puchta & Thornbury, 2007 p. 81).

After completing the first activity, the teacher will ask the students to attentively watch a musical video. The music video will entail of musical video where diverse songs will be mashed up and lyrics contains of modal verbs (Capel & Sharp, 2013 p.44). An example of such a song entails; http://www.youtube.com/watch?v=3KcSEnVnQ98

The teacher will later explain the usage concerning most of the modal verbs and how they work in sentences. For instance: May, May it be?, might, can, can’t, mustn’t and should Must (Gerngross, Puchta & Thornbury, 2007 p. 112).

In order to ensure that all the students understand, the teacher needs to play the video twice or thrice hence ensuring that all students comprehensively understand. The teacher also needs to show videos that contain written L2 inputs hence make it possible for the students to relate the modal verbs in the lyrics with the written information (Skocik & Weston, 2002 p. 95). At this level, the teacher becomes capable of asking and clarifying doubts concerning vocabulary and idiomatic expressions that the students might face difficult in understanding.

(In all the situation, the teacher needs to notice to mood of the students; audience in the classroom environment. One of the greatest drawbacks of applying games and songs for purposes of teaching is the fact that the songs occasionally saturate the minds of the students (Capel & Sharp, 2013 p.71). In this case, it becomes easily for the students to get distracted from the actual class hence pay less attention).

In an effort to ensure that the students understand the modal verbs appropriately, the teacher will introduce the third stage that involves asking the students to play three online games obtained from

http://www.kidssesigames.com/

During the playing of the games, the students ought to rehearse the use of the modal verbs taught during the classroom lesson such as: Can, Can’t, Must, Must not, May and might (Capel & Sharp, 2013 p.148). The teacher ought to provide enough information concerning the way students needs to play the games. The teacher also needs to engage in playing the games hence ensuring that the students learn to obtain the correct vocabulary and checking of the scores.

BibliographyCapel, A., & Sharp, W. (2013). Objective proficiency. Cambridge, Cambridge University Press.

Gerngross, G., Puchta, H., & Thornbury, S. (2007). Teaching grammar creatively. Cambridge, Cambridge University Press.

Skocik, C., & J. Weston Walch (2002). English lesson plans for substitute teachers. Portland, Me: J.W. Walch.

Week 10

I agree that issues revolving around data, including analysis, collection, interpretation, and their functions in decision making have evolved significantly over the last few years. For example, Bayer and Tailard (2013) found that the concept of story-driven data analysis is changing how organizations today are not just collecting information but also how they disseminate the same to the target markets. In this week, I found that there is need to consider the purpose of an analysis and the audience because these factors will determine the approaches used and their interpretation. Stories also enable the proper construction of hypothesis by using available data and analyses. Even in the description of the different data types, it is important to retain the quality of information that will facilitate story telling.

References

Bayer, J., & Taillard, M. (2013). Story-driven data analysis. Harvard Business Review. Available at: www.sas.com/content/dam/SAS/en_us/doc/whitepaper2/hbr-from-data-to-action-107218.pdf

Week 11

In this week, I got the perception that a majority of writers dismiss descriptive analytics as an unreliable approach and tend to favor the more quantitative strategies in the analysis of data. I do not agree with the presentation of descriptive analytics as a weak form of data analysis. In fact, I find it as one of the most important approaches to help in improving decision-making. For example, descriptive data are used where qualitative formats are necessary to gather insightful information. Descriptive analytics answers the question of what happened (Bekker, 2019). This means that it is actually a superior form of analyzing data and ensuring that it meets the criteria required. Organizations are still focusing on understanding the basics of what has already happened before they can fully venture into implementing change.

References

Bekker, A. (May 14, 2019). 4 Types of Data Analytics to Improve Decision-Making. ScienceSoft. Available at https://www.scnsoft.com/blog/4-types-of-data-analytics

Week 12

I concur with the idea that in a data driven world, it is important to have the skill and tools to know where a narrative is not adding up. Here, factfulness emerges as an important element. For example, organizations today must have the tools, skills, and capability to not only collect large amunts of data but also interpret it and discern for what is quality and trustworthy before using it as a basis for decisions. Anscombe (1973) recommends the use of graphs as essential statistical analysis tools. Graphs allow exact calculations that is important for creating and testing hypothesis. Overall, such data are then used to facilitate decision making.

References

Anscombe, F. J. (1973). Graphs in statistical analysis. The american statistician, 27(1), 17-21.

Intellectual Property Rights- When an Employee Leaves

Insert Name

CCJS 321

Insert Date

 

 

 

 

 

 

 

1.Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer.

In the world today, all efforts are being driven towards the upholding of intellectual property rights. The fact that the current world is driven by cut-throat competitiveness, it is only logical that companies would do all in their powers to protect and uphold their secrets. Merges (2010), in the article journal, “Contracting into Liability rules: Intellectual property rights and collective rights organizations,” asserts that, precisely, competitive advantages can be gained if the competing company employees a former employee from the different company. Upholding and maintaining trade secrets are essential in today’s business world; therefore, it is regarded as a very prudent tool in the fight for intellectual property rights (Merges, 2010). For example, it is through the upholding of such vital trade secrets that the Coca-Cola Company still enjoys success in the economic market for its formula used in the manufacture is a well-guarded secret.

In light of this, Mr. Yourprop has departed from the company. Evidently, it was the duty of Mr. Yourprop to uphold loyalty while employed. Therefore, in the absence of a non-competitive agreement, Mr. Yourprop is free to go into competition with the former employer based on his skills and competences. Mr. Yourprop being an American citizen means that he too is covered by the constitution. Clearly, searching Mr. Yourprop’s vehicle would be a violation of his rights and freedoms according to the Fourth Amendment. According to the Fourth Amendment, the right to privacy is to be maintained to the latter. Mr. Yourprop’s vehicle is his property, and he is afforded the right to privacy. Any act to search Mr. Yourprop’s car without a proper legal notice is a crime. Any valuable information that may be gained from the illegal car search would never be admissible in a Court of Law in the Supreme Land.2. If evidence of this theft of intellectual property can be found, Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle that is parked on the Company parking lot? Support your answer

The USA is a nation that was founded by our forefathers through the rule of law and order. All and sundry respected the law and upheld the law. Individuals know and understand their roles and duties. In as much as Mr. Yourprop is deemed and suspected to have been involved in the theft of intellectual property rights, it would be incorrect for Mr. Yourprop’s supervisor to instruct an arrest. It would be the wrong cause of action for Mr. Yourprop has not been convicted or found guilty by the court of Law. The Court of Law in the Freeland has the mandate of giving judgments based on the evidence provided. Evidence needs to be gathered in a legal, systematic manner that obeys all legal proceedings. If need be, the court of law is then to issue an arrest or search warrant for the accused persons. The right step would be simply during the exit interview; Mr. Yourprop should have been reminded of the legal obligations and policies of the company in the case that they signed any company policies (Danzig, 2012). If there is any perceived thought that Mr. Yourprop has indeed engaged in theft of the source code, it would be right to preserve the computer forensically and only retrieve it through the legal means and processes. Therefore, it would be wrong and irrational for Mr. Yourprop’s supervisor to instruct the police to search his vehicle for it is only a court of law through a judge that can issue a search warrant.

3. Can (or Mr. Yourprop’s supervisor) search Yourprop’s assigned locker in the Company’s on-site gym for digital evidence? Support your answer.

According to Beazley and Boenisch (2011) in their book, “Continuity Management: Preserving corporate knowledge and productivity when employees leave,” evidence collection in any legal proceeding needs to be lawful and observes all legal channels having being adhered. Collection of information or evidence using underhand methods such as “sneak-and-peek” would never be allowed in a court of law (Beazley & Boenisch, 2011). The credibility of the evidence collected through such methods such as searching Mr. Yourprop’s locker is wrong under the Fourth Amendment Act that protects properties of American citizens from unauthorized searches. All seizures and searches ought to have a search warrant and should be with a probable cause that the victim may be guilty of the crime. Therefore, searching Mr. Yourprop’s locker would be unlawful and illegal.

4. Can (or Mr. Yourprop’s supervisor) use a master key to search Yourprop’s locked desk after he has left the premises for digital evidence? Support your answer.

Amar (2012) in the journal “Fourth Amendment First Principles,” alludes to the fact that using a master key to open Mr. Yourprop’s locked desk is an infringement of the rights and freedoms enshrined in the American Constitution. In fact, such actions amount to a crime and Mr. Yourprop can sue or report such an infringement on the right to privacy to a court of law and the supervisor can be charged. Even if significant and crucial evidence is obtained from the illegal desk opening act, such evidence does not hold water in court since it was collected unlawfully (Amar, 2012). The constitution law ought not to be broken so as to give justice to a different crime. Thus, it would be a punishable action against the law if the supervisor does open the locker with a master key.5. There is a page in the Company’s “Employee Handbook” that states that anything brought onto the Company’s property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. Yourprop has a copy of the handbook but never signed the page. Does that matter? Explain.

The law seems to encourage a policy of competition among corporate organizations. Hence, no formal legal restrictions have been placed on employees in the case that they leave the company. However, it is up to the company to formulate policies and strategies to protect themselves and their intellectual properties. The “Employee Handbook” was such a move by the company to protect against the undue competition so as to uphold their trade secrets (Danzig, 2012). The fact that Mr. Yourprop did not sign that part of the Company’s “Employee Handbook” means that he is free from any searches. The action of signing the “Employee Handbook” means that the employees commit themselves and agree to their right to privacy to be infringed. However, Mr. Yourprop did not commit or agree to this infringement of the right to privacy for he did not sign the agreement. Therefore, it is a matter that should be looked at with deep concern. Any acts of random searches and seizures on Mr. Yourprop’s property can result in legal implications for the company for Mr. Yourprop6. Makestuff Company uses a security checkpoint at the entrance to the building. A sign adjacent to the checkpoint states that the purpose of the inspection is for security staff to check for weapons or other materials that may be detrimental to the working environment or employee safety. Screening is casual and usually consists of verification of an employee’s Company ID card. Can security staff at this checkpoint be directed to open Mr. Yourprop’s briefcase and seize any potential digital evidence? Support your answer.

The Security checkpoint should not be for the purposes of obtaining any digital evidence. Any attempts by the security checker to seize Mr. Yourprop’s briefcase would be unconstitutional and a violation of the fourth amendment. The fourth amendment offered protection against any illegal seizures of property without any probable cause. The fact that Mr. Yourprop will be forced to open his briefcase while the security check is a casual one means that Mr. Yourprop is being discriminated (Merges, 2010). This would be a violation of the rights and freedoms as per the Fourth Amendment. Therefore, the security scanner should not be used as an excuse to open Mr. Yourprop’s briefcase for such attempts would be illegal. Any potential of digital evidence should be collected in a constitutional manner so that it may be admissible in a court of law (Amar, 2012).

 

 

References

Amar, A. R. (2012, April 1). Fourth Amendment First Principles. Harvard Law Review, pp. 757-819.

Beazley, H., & Boenisch, J. (2011). Continuity management: preserving corporate knowledge and productivity when employees leave (3rd ed.). New Jersey: John Wiley & Sons.

Danzig, M. (2012, June 14). Protecting your Business- When Company employees leave and Compete. Retrieved April 1, 2015, from Corporate Compliance Insights: http://www.corporatecomplianceinsights.com/protecting-your-business-when-company-employees-leave-and-compete/

Merges, R. (2010). Contracting into liability rules: Intellectual property rights and collective rights organizations. California Law Review, 14(4), 1293-1393.