Tag Archives: Provisions

A Case Study on The Boeing Company Derivative Class Action

In 2006, plaintiffs in a derivative class action against the directors of The Boeing Company (“Boeing”), led by their counsel Labaton Sucharow, achieved a landmark settlement establishing unique and far-reaching corporate governance standards relating to ethics compliance, provisions that will also obligate Boeing to contribute significant funds over and above base compliance spending to implement the various prescribed initiatives.

In particular, Boeing’s Board of Directors will expressly undertake, through amendment of Boeing’s Corporate Governance Principles, reasonable oversight and monitoring responsibility for the implementation of Boeing’s ethics and compliance program and the effectiveness of those processes on an annual basis. The Audit Committee Charter also will be amended, including to provide for the Audit Committee to undertake responsibility for reporting no less than annually to the Board with respect to the implementation and effectiveness of Boeing’s ethics and compliance program. Click here to read more…

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Case Study on Koch Industries

Koch Industries also supported the Proposition through industry front groups, including the California chapter of Americans for Prosperity, which advertised heavily to support Prop 23, and the Pacific Research Institute, which published and circulated flawed economic studies of California’s climate and energy legislation. Proposition 23 garnered national media attention and was defeated in the November, 2010 election by a grassroots voter education effort across the state.

Known as the Global Warming Solutions Act or AB 32, California’s climate and energy bill was signed into law in 2006. The main provisions of AB 32 include an incremental roadmap to reduce California’s greenhouse gas emissions to 1990 levels by 2020 and implementation of a 33% renewable energy standard. The economic benefits of AB 32 have been repeatedly documented. Click here to read more…

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Case Study on El Paso Corporation

El Paso agreed to pay a penalty of $2.25 million for violations of the books and records and internal provisions of the FCPA arising from improper surcharge payments made in connection with the Iraqi Oil for Food Program, in Iraq.

El Paso Corp. Case Study

Under the Iraqi Oil for Food Program, the Iraqi government, through the State Oil Marketing Organisation (SOMO), negotiated and contracted with private companies to sell its oil at a set UN-controlled purchase price. etween 2001 and 2002, Coastal Corporation (Coastal), which subsequently merged with El Paso, paid a surcharge payment of over $200,000 in two instalments to an Iraqi-controlled Jordanian bank account. Click here to read more…

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Case Studies on Implementing the Product Data Management Into Enterprises

Case Studies about Implementing the Product Data Management Into Enterprises

Abstract: – In recent years, endeavors are confronting the effect from the Money related Tidal wave, mills moved outward, high generation cost, shorter item life cycle, bigger customization and worldwide furious rivalry. To survive, ventures need to flow all sort of informative data inside the undertaking and inventory network to influence the operation. We trust that imparting those five cases to advertise the Pdm provisions into additional associations.

Introduction: – As of late, ventures are confronting the effect from the Budgetary Wave, production lines moved outward, high preparation cost, shorter item life cycle, bigger customization and worldwide savage rivalry. To survive, endeavors need to flow all sort of informative content inside the venture and inventory network to power the operation. Subsequently, astounding informative data administration will be the first stage to administer the rivalry preference. Inside the item life cycle, the tests of outline designing change incorporated the information reconciliation, control, administration, recovery of improvement, outline, fabricate, showcasing, client administration, and so forth. Product Data Management (PDM) framework is the apparatus with the end goal of operating the identified qualified data. Keep Reading….

A Case Study on Scientific Committee for Food

Case Study about Scientific Committee for Food

The Secretariat of the Scientific Committees was provided by the services of the Commission. Most of Community Directives and Regulations related to foodstuffs, required the Commission to consult the Committee on provisions which may have an effect on public health falling within the scope of these directives and regulations.

The SCF mandate consisted of advising the European Commission on scientific and technical questions concerning consumer health and food safety associated with the consumption of food products and in particular questions relating to toxicology and hygiene in the entire food production chain, nutrition, and applications of agrifood technologies, as well as those relating to materials coming into contact with foodstuffs, such as packaging. Keep reading…

A Study Report on Technology Transfer

Study about Technology Transfer

Technology transfer (TT) is a topic of fundamental importance for the implementation of the Convention on Biological Diversity (CBD). The CBD closely interlinks provisions on TT in Articles 16 (Access to and Transfer of Technology) and 19 (Handling of Biotechnology and Distribution of its Benefits) along with Articles 12 (Research and Training), 17 (Exchange of Information), and 18 (Technical and Scientific Cooperation).

On item IX/4.2. ‘Technology transfer and Cooperation’ SBSTTA IX has proposed that the clearing-house mechanism (CHM) should be a central mechanism for exchange of information on technologies, for facilitating TT and cooperation and to promote and facilitate technical and scientific cooperation relevant for the conservation and sustainable use of biodiversity, and fortechnologies that make use of genetic resources. keep reading….

Case Study of Consumer Law and your Rights

A Study about Consumer Law and your Rights

Introduction: The National Consumer Agency (NCA) is an independent statutory agency established under the Consumer Protection Act 2007. The Minister for Enterprise Trade & Employment established the Agency in response to the publication of a 2005 report by the Consumer Strategy Group entitled ‘Make Consumers Count’. This identified important deficiencies in the protection and promotion of consumer rights in Ireland. The powers and role of the former Office of the Director of Consumer Affairs (ODCA) are now vested in the National Consumer Agency.

Consumer law: Consumer law applies to a person who comes within the legal meaning of the term ‘consumer’. A ‘consumer’ is defined as a person who buys goods or services for their personal use or consumption. The ‘Sale of Goods and Supply of Services Act, 1980’ sets out consumers’ basic rights in respect of buying goods and services and details of its provisions are set out later in this case study. The introduction of the new Consumer Protection Act in 2007 marks the most important and comprehensive development in consumer protection law in recent decades.

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Case Study on RBI slapped Rs.125 crore on Reliance Infrastructure

Study on FEMA: RBI slapped Rs.125 crore on Reliance Infrastructure

The Reserve Bank of India (RBI) has asked the Anil Dhirubhai Ambani Group firm, Reliance Infrastructure (earlier, Reliance Energy), to pay just under Rs 125 crore as compounding fees for parking its foreign loan proceeds worth $300 million with its mutual fund in India for 315 days, and then repatriating the money abroad to a joint venture company. These actions, according to an RBI order, violated various provisions of the Foreign Exchange Management Act (FEMA).

In its order, RBI said Reliance Energy raised a $360-million ECB on July 25, 2006, for investment in infrastructure projects in India. The ECB proceeds were drawn down on November 15, 2006, and temporarily parked overseas in liquid assets. On April 26, 2007, Reliance Energy repatriated the ECB proceeds worth $300 million to India while the balance remained abroad in liquid assets.

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A Case Study on The Aynak Copper Deposit, Afghanistan

A Case Study about The Aynak Copper Deposit, Afghanistan

Overview: Mineral resource development today can affect a nation for many years, sometimes for generations to come. Consequently, the award of mineral rights can be one of the most far-reaching activities a government undertakes. Mineral resource development is thus often enshrined in constitutions and overarching mineral laws to ensure that such development is undertaken in the public interest, in recognition of the strategic and economic contribution of minerals to the nation, and with the greater good of society in mind.

In a majority of countries, subsurface rights (mining cadastre) take precedence over surface rights (land cadastre). Subsurface rights and access to explore and extract a mineral resource can be granted to a third party by the state for a defined period of time; it is in most cases the esponsibility of the subsurface rights owner to negotiate rights to access the property, within the provisions of applicable laws and regulations, with the surface land owner.

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A Case Study on Letter of Credit Risk Management

Letter of Credit Risk Management

In this case, the contract stipulated that the payment shall be made according to the irrevocable sight letter of credit. In accordance with the provisions of the Uniform Customs and Practice for Documentary Credits “, in the letter of credit business , the bank processes only documents , not related goods and documents. Therefore, so as long as the documents are consistent, the bank should make payment according to vouchers.

In this case, when the seller submitting the documents to the bank, there is no discrepancy at all, therefore, the banks have no reason to refuse to pay the purchase price. According to general practice, when the documents are inconsistent with each other, the bank should notify the customer as soon as possible. According to the Singapore jurisprudenc, the bank should reject the documents in 3-4 days notice to customers. In this case, the bank refused to accept the documents and pay the purchase price 11 days after it received the documents, which is clearly inconsistent with the general practice and local precedents..

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