Strategic Management CONCEPTS and CASES
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Nysba Spring 2020 | Vol
NYSBA SPRING 2020 | VOL. 31 | NO. 2 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association In This Issue n A Case of “Creative Destruction”: Takeaways from the 5Pointz Graffiti Dispute n The American Actress, the English Duchess, and the Privacy Litigation n The Battle Against the Bots: The Legislative Fight Against Ticket Bots ....and more www.nysba.org/EASL NEW YORK STATE BAR ASSOCIATION In The Arena: A Sports Law Handbook Co-sponsored by the New York State Bar Association and the Entertainment, Arts and Sports Law Section As the world of professional athletics has become more competitive and the issues more complex, so has the need for more reliable representation in the field of sports law. Written by dozens of sports law attorneys and medical professionals, In the Arena: A Sports Law Handbook is a reflection of the multiple issues that face athletes and the attorneys who represent them. Included in this book are chapters on representing professional athletes, NCAA enforcement, advertising, sponsorship, intellectual property rights, doping, concussion-related issues, Title IX and dozens of useful appendices. Table of Contents Intellectual Property Rights and Endorsement Agreements How Trademark Protection Intersects with the Athlete’s EDITORS Right of Publicity Elissa D. Hecker, Esq. Collective Bargaining in the Big Three David Krell, Esq. Agency Law Sports, Torts and Criminal Law PRODUCT INFO AND PRICES 2013 | 539 pages Role of Advertising and Sponsorship in the Business of Sports PN: 4002 (Print) Doping in Sport: A Historical and Current Perspective PN: 4002E (E-Book) Athlete Concussion-Related Issues Non-Members $80 Concussions—From a Neuropsychological and Medical Perspective NYSBA Members $65 In-Arena Giveaways: Sweepstakes Law Basics and Compliance Issues Order multiple titles to take advantage of our low flat Navigating the NCAA Enforcement Process rate shipping charge of $5.95 per order, regardless of the number of items shipped. -
HP Annual Report
Meg Whitman President and CEO Dear Stockholders, Fiscal 2012 was the first year in a multi-year journey to turn HP around. We diagnosed the problems facing the company, laid the foundation to fix them, and put in place a plan to restore HP to growth. We know where we need to go, and we are starting to make progress. The Year in Review In the first year of our turnaround effort, we provided a frank assessment of the challenges facing HP, laid out clear strategies at all levels of the corporation, and mapped out our journey to restore HP’s financial performance. Most importantly, we did what we said we would do in fiscal 2012 – we began taking action to bring costs in line with the revenue trajectory of the business and met our full-year non-GAAP earnings per share outlook. We have just completed year one of our journey, and we are already seeing tangible proof that the steps we have taken are working. This includes generating $10.6 billion in cash flow from operations for fiscal $10.6B 2012. HP used that cash to make significant progress in rebuilding our balance sheet – reducing our in cash flow from net debt by $5.6 billion during the year – and returned $2.6 billion to stockholders in the form of share operations for repurchases and dividends. fiscal 2012 Our efforts in fiscal 2012 also included beginning to tackle the structural and execution issues we identified, and building the foundation we need to improve our performance in the face of dynamic market trends and macroeconomic challenges. -
1 Federal Register Notice DEPARTMENT of JUSTICE
This document is scheduled to be published in the Federal Register on 015/ 14/2014 and available online at http://federalregister.gov/a/2014-11056, and on FDsys.gov Federal Register Notice DEPARTMENT OF JUSTICE Antitrust Division United States v. Ebay Inc. Proposed Final Judgment and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), that a proposed Final Judgment, Stipulation and Competitive Impact Statement have been filed with the United States District Court for the Northern District of California in United States of America v. eBay Inc., Civil Action No. 12-5869. On November 16, 2012, the United States filed a Complaint alleging that eBay Inc. entered into an agreement with Intuit, Inc., that restrained the recruiting and hiring of high technology workers, in violation of Section 1 of the Sherman Act, 15 U.S.C. 1. The proposed Final Judgment prevents eBay from maintaining or entering into similar agreements. Copies of the Complaint, as amended, Stipulation, proposed Final Judgment and Competitive Impact Statement are available for inspection at the Department of Justice, Antitrust Division, Antitrust Documents Group, 450 Fifth Street, NW, Suite 1010, Washington, DC 20530 (telephone: 202-514-2481), on the Department of Justice’s Web site at http://www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for the Northern District of California. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. -
Meg Whitman and Ebay – Leadership Case Study Case Study
Meg Whitman and eBay – Leadership Case Study Case Study Please note: This case study was compiled from published sources, and is intended to be used as a basis for class discussion. While care has been taken to ensure correctness of the facts, accuracy of information cannot be guaranteed. Unauthorized distribution of this document electronically or otherwise is prohibited. Please contact [email protected] for any queries. August, 2008. © www.casestudyinc.com Table of Contents 1. Introduction - eBay CEO Meg Whitman plans to retire......................................3 2. Meg Whitman – Early years and Career Growth ..............................................3 3. Meg Whitman and Leading eBay ...................................................................5 3.1. Hiring the right people...................................................................................5 3.2. Quickly understanding the new business model...............................................5 3.3. Leading eBay’s IPO - a hands-on approach ....................................................6 3.4. Changing eBay’s policy.................................................................................6 3.5. Building one of the most powerful e-commerce systems in the world.................7 3.6. Focus on Metrics ..........................................................................................7 3.7. Customer Focus - ‘Voice of the Customer’ program .........................................8 3.8. Strategic Decision Making .............................................................................9 -
KB Toys, Inc., Et Al., Debtors. ) ) ) ) ) ) ) Chapter
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) KB Toys, Inc., et al., ) Case No. 04-10120 (DDS) ) (Jointly Administered) Debtors. ) ) RE: D.I. 1984 OPPOSITION OF BAIN CAPITAL FUND VII, L.P. TO MOTION OF COMMITTEE OF UNSECURED CREDITORS FOR AUTHORITY TO PURSUE CLAIMS Bain Capital Fund VII, L.P. (“Bain”) submits this opposition to the motion of the Official Committee of Unsecured Creditors (the “Committee”) for authority to commence fraudulent conveyance actions, as well as related claims of breach of fiduciary duty, against Bain, officers of the debtors (hereafter, the “Debtors” or “KB Toys”), and others on behalf of the Debtors’ estate.1 Preliminary Statement 1. By this motion, the Committee seeks authority to commence, on behalf of the Debtors’ estates, fraudulent conveyance actions against Bain, officers of the Debtors, and others arising out of dividend and recapitalization transactions which occurred a year and three quarters prior to the Debtors’ Chapter 11 petitions. In addition, the Committee asserts related claims of breach of fiduciary duty which are premised entirely on the same transactions. Bain submits this opposition, first, to briefly respond to misstatements in the Committee’s motion, and second, to object to the Committee’s motion on the ground that the Committee has conflicts of interest which have already impaired the Committee’s performance of its duties and establish that it is 1 Bain expressly files this motion without appearing in the Bankruptcy Court or consenting to the jurisdiction of the Bankruptcy Court for purposes of any litigation against Bain, and without waiving any rights or not the proper party to be authorized to initiate and pursue this litigation at a potential cost of millions of dollars to the estate. -
Investment, Overhang, and Tax Policy
2581-04_Desai.qxd 1/18/05 13:28 Page 285 MIHIR A. DESAI Harvard University AUSTAN D. GOOLSBEE University of Chicago Investment, Overhang, and Tax Policy THE PAST DECADE HAS seen an unusual pattern of investment. The boom of the 1990s generated unusually high investment rates, particularly in equipment, and the bust of the 2000s witnessed an unusually large decline in investment. A drop in equipment investment normally accounts for about 10 to 20 percent of the decline in GDP during a recession; in the 2001 recession, however, it accounted for 120 percent.1 In the public mind, the recent boom and bust in investment are directly linked due to “capital overhang.” Although the term is not very precisely defined, this view generally holds that excess investment in the 1990s, fueled by an asset price bubble, left corporations with excess capital stocks, and therefore no demand for investment, during the 2000s. The popular view also holds that these conditions will continue until normal economic growth eliminates the overhang and, consequently, that there is little policymakers can do to remedy the situation, by subsidizing invest- ment with tax policy, for example. Variants on this view have been espoused by private sector analysts and economists,2 and the notion of a We thank Mark Veblen and James Zeitler for their invaluable research assistance, as well as Alan Auerbach, Kevin Hassett, John Leahy, Joel Slemrod, and participants at the Brookings Panel conference for their comments. Dale Jorgenson was kind enough to pro- vide estimates of the tax term by asset. Mihir Desai thanks the Division of Research at Har- vard Business School for financial support. -
2006-07 Annual Report
����������������������������� the chicago council on global affairs 1 The Chicago Council on Global Affairs, founded in 1922 as The Chicago Council on Foreign Relations, is a leading independent, nonpartisan organization committed to influencing the discourse on global issues through contributions to opinion and policy formation, leadership dialogue, and public learning. The Chicago Council brings the world to Chicago by hosting public programs and private events featuring world leaders and experts with diverse views on a wide range of global topics. Through task forces, conferences, studies, and leadership dialogue, the Council brings Chicago’s ideas and opinions to the world. 2 the chicago council on global affairs table of contents the chicago council on global affairs 3 Message from the Chairman The world has undergone On September 1, 2006, The Chicago Council on tremendous change since Foreign Relations became The Chicago Council on The Chicago Council was Global Affairs. The new name respects the Council’s founded in 1922, when heritage – a commitment to nonpartisanship and public nation-states dominated education – while it signals an understanding of the the international stage. changing world and reflects the Council’s increased Balance of power, national efforts to contribute to national and international security, statecraft, and discussions in a global era. diplomacy were foremost Changes at The Chicago Council are evident on on the agenda. many fronts – more and new programs, larger and more Lester Crown Today, our world diverse audiences, a step-up in the pace of task force is shaped increasingly by forces far beyond national reports and conferences, heightened visibility, increased capitals. -
Uncorrected Transcript
1 CEA-2016/02/11 THE BROOKINGS INSTITUTION FALK AUDITORIUM THE COUNCIL OF ECONOMIC ADVISERS: 70 YEARS OF ADVISING THE PRESIDENT Washington, D.C. Thursday, February 11, 2016 PARTICIPANTS: Welcome: DAVID WESSEL Director, The Hutchins Center on Monetary and Fiscal Policy; Senior Fellow, Economic Studies The Brookings Institution JASON FURMAN Chairman The White House Council of Economic Advisers Opening Remarks: ROGER PORTER IBM Professor of Business and Government, Mossavar-Rahmani Center for Business and Government, The John F. Kennedy School of Government at Harvard University Panel 1: The CEA in Moments of Crisis: DAVID WESSEL, Moderator Director, The Hutchins Center on Monetary and Fiscal Policy; Senior Fellow, Economic Studies The Brookings Institution ALAN GREENSPAN President, Greenspan Associates, LLC, Former CEA Chairman (Ford: 1974-77) AUSTAN GOOLSBEE Robert P. Gwinn Professor of Economics, The Booth School of Business at the University of Chicago, Former CEA Chairman (Obama: 2010-11) PARTICIPANTS (CONT’D): GLENN HUBBARD Dean & Russell L. Carson Professor of Finance and Economics, Columbia Business School Former CEA Chairman (GWB: 2001-03) ALAN KRUEGER Bendheim Professor of Economics and Public Affairs, Princeton University, Former CEA Chairman (Obama: 2011-13) ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 2 CEA-2016/02/11 Panel 2: The CEA and Policymaking: RUTH MARCUS, Moderator Columnist, The Washington Post KATHARINE ABRAHAM Director, Maryland Center for Economics and Policy, Professor, Survey Methodology & Economics, The University of Maryland; Former CEA Member (Obama: 2011-13) MARTIN BAILY Senior Fellow and Bernard L. Schwartz Chair in Economic Policy Development, The Brookings Institution; Former CEA Chairman (Clinton: 1999-2001) MARTIN FELDSTEIN George F. -
40S’ Past Reflect on Lessons Learned by Barbara E
18 DECEMBER 3, 2012 • CRAIN’S CHICAGO BUSINESS 40 UNDER 40: THEN AND NOW FILE PHOTOS 1989 (THE FIRST YEAR) CRAIN’S DAVID AXELROD LINDA JOHNSON RICE JOHN ROGERS JR. MARC SCHULMAN OPRAH WINFREY Class: 1989 Class: 1989 Class: 1989 Class: 1989 Class: 1989 Then: President, Axelrod & Associates Then: President, Then: President, Ariel Then: President, Eli’s Chicago’s Then: Owner, Harpo Production Co. Now: Director, Institute of Politics, Johnson Publishing Co. Capital Management Inc. Finest Cheesecake Inc. Now: Chairman, Oprah Winfrey University of Chicago; president, Now: Chairman, Now: Chairman, chief investment officer, Now: President, Network LLC; chairman, CEO, Axelrod Strategies LLC Johnson Publishing Co. CEO, Ariel Investments LLC Eli’s Cheesecake Co. Harpo Productions Inc. THE 1990S RAHM EMANUEL ILENE GORDON PENNY PRITZKER JOE MANSUETO BARACK OBAMA MARYSUE BARRETT VALERIE JARRETT DESIREE ROGERS MICHAEL FERRO JR. DANIEL HAMBURGER Class: 1990 Class: 1991 Class: 1991 Class: 1992 Class: 1993 Class: 1994 Class: 1994 Class: 1995 Class: 1998 Class: 1999 Then: Principal, Then: Vice president, area Then: President, Classic Then: President, Then: Director, Then: Chief of policy, Then: Commissioner, Then: Director, Then: CEO, Click Then: President, Research Group general manager, Packaging Residence by Hyatt; Morningstar Inc. Illinois Project Vote mayor’s office, Chicago Department of Illinois Lottery Interactive Inc. Grainger Internet Now: Mayor, Corp. of America partner, Pritzker & Pritzker Now: Chairman, Now: President, city of Chicago Planning and Development Now: CEO, Johnson Now: Chairman, CEO, Merrick Commerce city of Chicago Now: Chairman, president, Now: Chairman, CEO, CEO, Morningstar Inc. United States Now: President, Metropolitan Now: Senior adviser, Publishing Co. Ventures LLC; chairman, Now: President, CEO, CEO, Ingredion Inc. -
Quantitative Methods for Policy Research
Institute for Policy Research Northwestern University < Year in Review 2010 Poverty, Race, and Inequality < Social Disparities and Health < Politics, Institutions, and Public Policy < Child, Adolescent, and Family Studies < Quantitative Methods for Policy Research < Philanthropy and Nonprofit Organizations < Urban Policy and Community Development < Education Policy Institute for Policy Research The mission of the Institute for Northwestern University “ Policy Research is to stimulate 2040 Sheridan Road and support excellent social Evanston, IL 60208-4100 science research on significant T: 847-491-3395 public policy issues and to Visit us online at: disseminate the findings www.northwestern.edu/ipr widely—to students, scholars, www.twitter.com/ipratnu policymakers, and the public. www.facebook.com/ipratnu ” About the cover photos: Top: IPR fellows David Figlio and Diane Whitmore Schanzenbach prepare their remarks for an IPR policy research briefing on Capitol Hill. Left: Austan Goolsbee, one of President Obama’s top economic advisers, points to how his training as an academic proved invaluable in addressing the nation’s financial crisis. Middle: IPR Director Fay Lomax Cook (r.) welcomes four of IPR’s six new faculty fellows (see pp. 6–7). Right: Former U.S. Surgeon General Dr. David Satcher discusses inequities in healthcare with sociologist and IPR associate Mary Pattillo. Photo credits: LK Photos (top), A. Malkani (left), and P. Reese (middle and right). 1 Table of Contents Message from the Director 2 IPR Mission and Snapshot Highlights -
Mcdonald's 2008 Annual Report
Jim Skinner, Chief Executive Officer (left) Ralph Alvarez, President and Chief Operating Officer (right) To Our Valued Shareholders: I’ve been thinking a lot lately about a quote from Thomas Alva Edison, one of America’s greatest inventors. “Opportunity is missed by most people,” he observed, “because it is dressed in overalls and looks like work.” I believe Mr. Edison was reminding us that lightning It was hard work and determination that built really doesn’t come in a bottle — and that overnight McDonald’s — and today, those same qualities successes are very much the exception to the rule, drive our success. not the norm. As this Annual Report indicates, 2008 was a banner At McDonald’s, success has always involved a year for McDonald’s. Revenues increased to a record not-so-profound formula involving one-part inspiration $23.5 billion … global comparable sales increased and four-parts perspiration. 6.9 percent and we marked our 68th consecutive monthly increase … operating income and earnings Our founder, Ray Kroc, coined the phrase “grinding per share rose 17 and 15 percent, respectively it out” to characterize the determination and attention (excluding the 2007 Latin America transaction) … to detail that is required to be successful in our and we returned $5.8 billion to shareholders through industry. “Grinding it out” was his way of saying share repurchases and dividends paid. the restaurant business is, and always will be, a labor-intensive operation. REVENUES 06 $20.9 07 $22.8 08 $23.5 In billions. These financial results are among the best in our This process began nearly six years ago, when Company’s history. -
New York by the Numbers Economic Snapshots of the Five Boroughs
New York by the Numbers Economic snapshots of the five boroughs www.nycfuture.org In this Issue: August 2009 Volume 2 • Issue 4 Return of the Chains: This year’s borough-by-borough analysis of New York City’s largest retailers The Center for an Urban Future is New York City’s home for independent Our second annual ranking of national retailers in New York City finds that research and innova- some of the highest-profile chains from last year’s study have been hit hard tive thinking about key by the deep economic downturn and accompanying drop in consumer issues affecting the five spending. Circuit City, Burritoville, Levitz, 1-800-Mattress and KB Toys are boroughs. among a handful of large stores that have declared bankruptcy in the last year, while Rite Aid, Blimpie, AT&T Wireless and several others have con- siderably reduced their presence in the five boroughs over the same period. Inside These results are hardly shocking given the sour economic climate. But our new analysis also includes a surprising finding: dozens of chain stores actu- Citywide Rankings: p. 2 - 7 ally have expanded their footprint in the five boroughs over the past year. Over 30 percent of the retailers from last year’s report have opened more Top 30 and Bottom p. 8 - 9 stores in the city in the past twelve months, and an equal share has held 30 Zip Codes for Na- firm with the same number of stores as in 2008. tional Retailers The chains with the largest presence in New York City as of July 2008, Maps: when we published our first list of national retailers in the five boroughs, retained that pre-eminence a year later.