blah

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• Chicken Parmigiana

Ingredients

• 4 6oz. boneless and skinless chicken breasts

• eggs, beaten




• 1 1/ cups seasoned breadcrumbs

• 1/4 cup vegetable oil

• 1 cup Cucinas marinara sauce

• 1/ lb. fresh mozzarella, sliced into 8 pieces

• 1/4 cup grated Parmigiana cheese

• grounded black pepper

• chopped fresh parsley

Method

Pound chicken breasts between pieces of plastic wrap until flat.

Dip each one into beaten eggs, then into breadcrumbs, coating both sides of chicken.

Heat oil in skillet. Brown chicken on both sides, cooked until almost done. Transfer to baking sheet. Top each chicken breast with about 1/4 cup sauce, then slices mozzarella cheese and a sprinkle of Parmesan cheese. Grind pepper on top. Bake in 50 degrees for 10 min. or until cheese melts and chicken is cooked through.

Serve at once with chopped parsley on top.

Like innumerable predecessors before them, 11 - Daron, Slim, Q and Mike - met while attending high school in their native Atlanta, Georgia. United by a love of music, they formed an R&B quartet and perfected their vocal and dance skills performing at local talent shows and churches. But it wasnt long before big business came knocking in the form of record companies, notably Bad Boy Entertainments leading player Puff Daddy. 11 were swiftly signed to his then burgeoning label, naming them after the then popular Atlanta club where they all met.

Come 16 11 released their self titled (and now double-platinum) debut album featuring the underground monster hit Only You which came complete with a (profile enhancing) guest rap by Notorious BIG. However, Biggies ensuing success ensured another couple of years passed before, Room 11, the groups second album. was released.

Then things went sour. Biggiewas murdered. Rap took over the urban airwaves, female R&B groups led the singles clarion calls and Puffy became a tabloid celebrity alongside his then beau Jennifer Lopez. After Mace left Bad Boy, Puffy replaced him with an emcee called Shyne... and you all know how that ended, which, in time took Bad Boy from being the place to be to being the place not to be.

Fast forward to 001and 11 are back with their first vocal outing since their appearance on the Notorious BIG tribute single, Missing You and their third album, Part III is their most musically jovial and lyrically assertive album to date. Although still only in their early twenties, 11 have taken a leading role in the production of the CD (indeed, Daron has produced all but three of the cuts), lending a cruel irony to their fortunes that the group who enjoyed the least profile at the height of Bad Boy Recordss fortunes are now the labels most creative...

So, in short, what has been happening in the world of 11?

Mike For the most part, after the second album we have really been trying to re-evaluate where 11 wanted to go. Most importantly we changed management, and from then on it was about changing the whole way we were perceived. We didnt want to be seen just as artists, we wanted to be seen as businessman as well. It was important to have a hold on our careers, so basically when it came to working on our third album, we decided it was going to be all about Q, Slim, Mike and Daron. We now have piece of mind and are back with the album, which has already sold a million copies in the US - we were platinum in six weeks - so it is the most successful record we have ever had. We are definitely moving forward.

Will the new album satisfy die-hard 11 fans? Have you tucked typically huge 11 club jams tucked alongside the R&B ballads?

Mike Overall we have, yeah. I guess the album has dance records or the club joints and the wind-down for the baby makers are still there as well (laughs). So the old fans will be happy but hopefully this album will see some new ones on board too.

People often associate you with just the big club smashes you seem unleash every couple of years or so. Does it frustrate you that they dont realise there is so much more to 11?

Daron For sure, as 11 we pride ourselves that we have been the only consistent group for a long time that have been able to put songs in the clubs but still have ballads that are just as powerful as the club joints. We take a lot of pride in that.

Mike Its something we want to concentrate on, making sure that we are not just known for club hits, cos we want to be seen as a versatile group, and on this album I think we prove that.

Youve come such a long way since the release of your first single in 16, the classic Only You - did you ever think back then that within a five-year period you would have released three albums, which today is quite an achievement in itself?

Q Wow, yeah for sure!

Mike I mean, we shot for it, and it was always a goal for us, but we never imagined that the Lord would truly bless us the way he did. Because it is rare. I mean five years is like the average shelf life for an R&B singer, but we feel weve found new momentum; its almost like a new beginning for us.

Despite your multi-million-selling success in the US, as a territory, how important is it for you to break the UK?

Daron Very important. One of the main things we wanted to concentrate on with this album was basically reaching the masses. We want to expand our audience by reaching more people, which is why we are taking the time to come over to the UK and promote 11 properly, to let those who dont know about us know what we are about.

The track You is produced by Mario Winans, who produced a fair chunk of your album too. Was it important for you to have a gospel element within Part III?

Q We have to because that is our foundation. Without the church thered be no 11, and we know without that foundation this industry will have you crazy!

Did you have a big say in who got to work on the album? How instrumental were you in getting the likes of Tim & Bob and R Kelly also involved with the project?

Mike We were very instrumental. On the whole, we had an executive standpoint on Part III. We are all associate producers, which allowed us to have a hand in saying who we wanted to work with.

Slim Yeah, which means we cant put the blame on anyone else now (laughs).

Mike It was important that we got R Kelly involved, who we respect, and Tim & Bob, who we have a long personal relationship with. They really helped 11 from day one as far as songwriting and harmony patterns was concerned. Theyve always been hot. It just made sense to have songs from them for this album; theyve become popular recently, but as far as we are concerned they have always been on it.

Q Its cool because weve seen each others careers develop over time and we are still working together.

Lots of people have heard of you in this country, probably without realising it, because of course you have featured on a Number One pop record with Puffys Ill Be Missing You, which was the biggest-selling record in 17.

Daron That was quite a while ago now, and were really just concentrating on having a fresh start in the UK with the new album and the single Its Over Now.

What do you know about the music scene here in the UK?

Slim You guys have jungle I like, and also garage music, which Im definitely feeling.

Q We like Craig David too, hes cool.

Slim Definitely. Hes just released Fill Me In over in the US and its blowing up.

Mike Man, we love that track, and we actually heard it over here about a year ago.

For a while back there, Bad Boy Records became more about just the records. I guess its been a bit hectic?

Q One thing we are proud to say is that we are pretty much a self-contained unit these days, were not solely dependent on the label, especially in terms of the creative process. We write our own music and we style ourselves. So when the whole trial was going on it didnt really hinder us. However our prayers are with Puff everyday, and if we could have been in the courtroom we would have, but at that moment in time we were in the middle of the creating this record.

Mike Its real important that we stick together.

Daron Especially as we have been at the label since the beginning, and seen artists come in, grow and develop...

Slim Its still a family kind of atmosphere even though we dont have as much to do with them now on a day-to-day basis.

Are you featuring on any other forthcoming - Bad Boy Entertainment projects?

Q Yes, actually - there are a couple of things. There is a gospel album which features a track called You which is by a kind of a Bad Boy all-stars, and theres also a Bad Boy compilation which will feature the hottest hiphop and R&B joints - they should be released in the UK shortly after they are out in the States.

What are your wider plans for 11 ?

Daron Were going to have a clothing range come out but its not going to be called 11 . Its going to be called Gani - which means classy and sexy with a touch of hiphop -and its going to be strictly for the ladies. A lot of people in the music industry have crossed over into fashion but we wanted to do something slightly different, and hey, most of our fans are women (laughs).

Mike Right now you can only get Gani products exclusively on our website (www.one1.com).

Do any of you have musical ambitions beyond the group?

Mike If we do, it wont be in the foreseeable future and it would be a strategic move from the groups point of view - it would remain 11- orientated.

Slim Put it this way, if I were to do it I would have Daron produce all of the tracks and I would have Q and Mike write all of the songs. In other words it would feel just like another / a href= http//www.nme.com/NME/External/Artists/Artist_Page 0,16,10860,00.html11 project.

Q But dont worry - nothing will be happening like that for a very long time.

Sam Faulkner

The single, Its Over Now, is out on June 18th. The album, Part III, is out now.

Get yourself heard on the soul messageboard, where you can talk about 11 and much more. click here.



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ideas

We are ready to represent the best custom paper writing assistance that can cope with any task like ideas even at the eleventh hour. The matter is that we posses the greatest base of expert writers. Our staff of freelance writers includes approximately 300 experienced writers are at your disposal all year round. They are striving to provide the best ever services to the most desperate students that have already lost the hope for academic success. We offer the range of the most widely required, however, not recommended for college use papers. It is advisable to use our examples like ideas in learning at public-education level. Get prepared and be smart with our best essay samples cheap and fast! Get in touch and we will write excellent custom coursework or essay especially for you.

People choose to pursue graduate degrees for a variety of reasons

knowledge, personal fulfillment, increased salary, and enhanced

career opportunities are some of the most common. A graduate degree

may be a minimum qualification for some jobs. For others, a graduate




degree may help with promotions and obtaining a higher-level

position with more responsibility within an organization. Others

choose the graduate path based solely on their genuine passion for

learning and a deep interest in a specific subject.

Everyone has their own unique motivation for continuing their

education. Consider the possibilities - career mobility, advancing

your degree, marketing yourself, changing & stimulating your career,

or simply seeking knowledge.

For security reasons, this email contains only your password for your new online application account for Duke University Graduate School.

Multi-session Form Completion

Since Applyweb lets you save your data, you dont have

to complete a form in one sitting or from the same

computer. You can start the form from this computer,

work on the next section a week later from the library,

counselors office or elsewhere.

This question is not as redundant as it may appear. It is highly likely that you will attend graduate or professional school at some point in your future, but the decision to attend is a highly personal one, and each persons reasons vary. It is critical in making this decision that you ask fundamental questions of yourself and of the process.

Two of the best sources of advice about postgraduate plans are your DUS and your residential dean. Many students also seek out a faculty mentor with whom they have worked closely. This may be particularly useful if your selected graduate field is significantly different from that of your undergraduate major. The counselors at UCS are another great source of advice, and they can also help you to identify other people who are experts in your field of interest.

Ultimately, however, YOU must make your decision. A wise choice can be the launching point into a stimulating academic experience and a successful career. A poor choice can cost you thousands of dollars, wasted years and do little or nothing for your future.





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Business

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Employee Benefits Issue

Employee benefits have become vital to the success of a business. A primary goal for Diamond Technologies is to provide a challenging and rewarding career environment for their employees. Their mission is to promote a company culture that embodies excellence, teamwork, and continued professional advancement. As part of this culture, Diamond Technologies provides all employees with comprehensive compensation and benefits. Additional details on the information provided are available upon request. In addition, if anyone has any questions, comments, or suggestions, please let them know.

Salary plus Overtime

Diamond Technologies compensates all employees on a salaried basis. They feel that a salaried environment promotes the proper atmosphere of professionalism in their organization. “In addition, Diamond Technologies recognizes that from time to time, their employees may be called upon to work additional hours. Diamond Technologies has an overtime compensation program that provides its employees with the ability to earn overtime, while providing the professionalism and flexibility of a salaried environment” (O’Connor, 00). For each employee providing billable services to clients, Diamond Technologies tracks monthly and year-to-date totals for Actual Client Hours. Diamond Technologies compensates its employees for year-to-date Actual Client Hours in excess of year-to-date Target Client Hours, calculated at each month end. All employees providing services to clients on time and materials (hourly billing) contracts are eligible for overtime compensation.




Medical Insurance

BlueCross/BlueShield of Delaware is the company that provides major medical and hospitalization insurance to Diamond Technologies. Employees can choose between two options, the Blue Choice PPO and the Blue Care HMO. With the Blue Choice PPO, employee(s) can choose and in-network provider without referrals, with coverage comparable to an HMO style Plan. In addition, with the PPO option, employees can select out of network providers if desired. With the Blue Care HMO, employee(s) select a Primary Care Physician who will direct your care should you need to see a specialist provider. Employees who live in areas not serviced by the BlueCros/BlueShield of Delaware network of providers may access the BlueCross/BlueShield network of providers in their area by selecting the Blue Choice PPO. There will be no eligibility waiting period; benefits will be effective on the date of hire for all employees.

Dental Insurance

Diamond Technologies provides a plan for the reimbursement of dental expenses for its employees and their families. “Diamond Technologies will reimburse its employees for 75% of the cost of dental expenses incurred by its employees and their legal dependents. The total amount of dental expense reimbursement available to an employee family for a calendar year is $100. Employees who join the company during the course of the year are eligible for a pro-rated amount of benefit, based on the number of months (partial months included) of the year the individual is employed by Diamond Technologies. There is no waiting period to be eligible for this benefit” (O’Connor, 00).

Disability Insurance

Diamond Technologies offers its employees short and long-term disability insurance through CNA Financial Corporation. Disability insurance is offered to provide continuation of income in the event an employee is unable to work for an extended period. There is no waiting period, or cost to the employee for this insurance benefit.

Life Insurance

Diamond Technologies offers its employees life insurance through CNA Financial Corporation. The amount of life insurance offered under this plan is 1 times the employee’s annual salary, up to a salary of $50,000. There is no waiting period, or cost to the employee for this insurance benefit.

Stock Credit Plan

Diamond Technologies offers its employees participation in an employee Stock Credit Plan, which provides employees with a means to share in the equity value growth of the Company. “In the event that the company is sold, merged, or its stock becomes publicly traded, the employees Stock Credits will be converted to cash or its equivalent stock value (O’Connor, 00).

Matching 401(k) Plan

Diamond Technologies recognizes the need to provide its employees with a long-term retirement savings plan, and fulfills this need through the implementation of a quality 401(k) plan. The Principal Financial Group manages the plan, which is the industry leader in providing 401(k) plans to business small and large. The plan provides an excellent vehicle for employee(s) long-term savings, and offers the significant benefit of reducing taxable income while building for a financially future. Employees may allocate up to 7% of their income to the 401(k) plan. There is a -month eligibility-waiting period for this benefit.

Tuition Reimbursement

“Diamond Technologies feels that an individual with the desire to continue their education, in addition to performing their full-time job, shows a serious commitment to improving themselves and their position within the company” (O’Connor, 00). Full-time employees who continue their education in a related field are entitled to reimbursement of all or part of the tuition costs, depending upon grade. Requirement is that you must have at least six months of service with Diamond Technologies before you can be pre-approved for tuition reimbursement.

Technical & Professional Training

In order to maintain a competitive edge and maximize business and career opportunities, continued technical and professional training is essential to all members of Diamond Technologies. Diamond Technologies has a formal process for its employees to receive continued technical and professional training. An individualized training plan is outlined with each employee annually. This plan takes into consideration the long and short-term career goals of the individual, the needs of the current client engagement, and the long-term goals of Diamond Technologies. Based on these factors, a schedule and set of goals is established to ensure that the individual’s professional training needs are regularly addressed.

Client Bonus Matching

In the event that your client awards you a bonus for your performance, Diamond Technologies will match that bonus to a maximum of $1000.

Paid Vacation/Paid Holidays

Diamond Technologies provides paid vacation to all employees, based upon years of service with the company. Vacation time is earned monthly.

Years of Service Paid Vacation

Up to 5 years 10 days

5 to 10 years 15 days

10+ years 0 days

As a salaried professional, they are provided paid holidays. “When working at a client site, employees follow the holiday schedule of the client. When working at the Diamond Technologies office, employees follow the holiday schedule of Diamond Technologies (10 per year)” (O’Connor, 00). Any other holidays you wish to observe must be taken as either vacation or personal time.

Reference

O’Connor, Robert (00) Employee Benefits / Diamond Technologies Ensuring the

Right Fit. New York, New York.

www.diamondtechnologiestoday.com



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Analysing Salvador Dali's Galatea of spheres, 1952

We are ready to represent the best custom paper writing assistance that can cope with any task like Analysing Salvador Dali's Galatea of spheres, 1952 even at the eleventh hour. The matter is that we posses the greatest base of expert writers. Our staff of freelance writers includes approximately 300 experienced writers are at your disposal all year round. They are striving to provide the best ever services to the most desperate students that have already lost the hope for academic success. We offer the range of the most widely required, however, not recommended for college use papers. It is advisable to use our examples like Analysing Salvador Dali's Galatea of spheres, 1952 in learning at public-education level. Get prepared and be smart with our best essay samples cheap and fast! Get in touch and we will write excellent custom coursework or essay especially for you.

The artists name is Salvador Dali; the portrait I am intending to analyse is Galatea Of Spheres. Dali has painted many surrealist portraits.

When I look at the portrait of ‘Galatea Of Spheres’, I can see that Dali has used a variety of pale colours and he uses circular shapes, which I think represent spheres and inside the spheres he has drawn the features of a persons face. To me this is a fine use of texture because I think it builds character in a painting. I’ve noticed that throughout his work the positioning of the objects seem to be located in the centre of the portrait. In the portrait, which I have selected and analysing I’ve noticed that he has drawn the lady as if she was indignant inside and behind her looks as if the sun is set. If I was asked what I thought was the most important part of the work, I would have to say that Dali has mainly focused on the face and the spheres in which he has drawn the features. I’m not positive about the exact time of year, but I can tell you it looks as if it has a clear sky, so I would have to say it could be summer and the time of the day is early evening, the evidence is that the sun is setting. Salvador Dali was obsessed with spiritual � mystical portrait of Galetea and science the spheres in which he has drawn are combined as a general order of the universe, so he painted it over and over. The background is simplified basically the same, with only the sky and the sea. Making up any subject, which would only complicate the principal theme. I can tell by just looking at this portrait that it has been distorted, I can tell this because you’re able to see half of the face through the spheres, I would also call is surrealism because you wouldn’t normally see an oversized head in front of a sunset background. Salvador Dali uses a variety of pallid and dark colours throughout his work and on the top of this uses dark outlines to give the portrait a -D effect. The portrait has been distorted due to the fragmentation of the spheres, which are located in a middle of a sunset background. My opinion on his detail in this portrait, I would have to say is basic; there is not a great amount of detail when it comes to the face and the background looks simple. I think that Dali has used texture because the spheres create texture as he makes them stand out and texture builds character. Dali has created an discontented atmosphere, I think that he has created using dark and pale colours and makes Galia look extremely sorrowful. I have taken a liking to the portrait because it is unusual and I have never seen anything like it before. Picasso’s work consists of a variety of dark colours and dark outlines, whereas Dali uses a variety of pale colours and surrealism. But Picasso’s work is known to be distorted as he mainly focuses on Distorted faces. Dali doesn’t just focus mainly on faces, he goes as far as drawing surrealist bodies of woman and focuses on their upper- body, but when I come to create my piece of work, I am only going to focus on the face, as to me it is the most important part of a woman as it is always on show to the world.

I haven’t yet tried any of Dali’s methods but I will, when I draft out my final piece of work. Dali’s work influenced me because it was unusual. The fact is that Dali is not afraid to use a variety of materials and hopefully I will be able to show that in my own work.

I will not be using the spheres in my final piece of work, as I found it time consuming and difficult to produce.






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Business and other

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International Freight farwarding Center of Mongolian Railway has been introducing computer automatic system since August 1, 001. Therefore we would like to underline to our all clients that you have been providedwith a great possibility to utilize our updated technology. On the other hand it is the biggest investment for our cooperation.



• You are able to contact your freight manager directly and quickly by e-mail due to every manager has own e-mail address through IFFC getting domain address by using internet netwok. Therefore, telephone and fax communication will be decreased and it will be qucker and economical with confirmation.

• You have a great chance to get tracing information on IFFC all arranging shipment by air, rail, sea and road without any approach with us whenever, wherever you want during 4 hours from our website in internet.




• In connection with all freight variables collected in one main database theres great improvement in information exchanging by eradicating repetition and upgrading accounting statement.

Obviously, you should have your own password to access our network and it will be supplied privately.

IFFC gained A classification by its capacity and resources from Ministry of Infrastructure and have a comprehensive authority to handle project and aid shipments besides running freight forwarding services. So far only two companies have received A grade in Mongolia.

IFFC has handled a number of international project shipments, managing deliveries for some world-known projects as

- Rehabilitation of Mongolian Railway

- Ulaanbaatar heating Sysytem Improvement

- Power Plant #4 by Japanese Government Aid

(Implementation period - years)

- Rehabilitation of Ulaanbaatar Municipal Telephoine and Communication System,

Alcatel, France

- Coal mining construction improvement project

- Ulaanbaatar City Transport Improvement Project

- Nescor Energy Crude Oil Project - Oil export shipments

- Enlargement of Buyant Ukhaa airport, Ulaanbaatar

- Fiber Cable project, Mongolian Railway

- 8500 MT rice aid shgipment from Japanese Government

- 1 Combine shipment from Finland and Japanese Government

- Przhevalsky Horse replacement in Mongolia from Holland

- Annually 1.5 million MT of crude oil shipments from Russia to China have been successfully handled by IFFC in recent years.

IFFC gained A classification by its capacity and resources from Ministry of Infrastructure and have a comprehensive authority to handle project and aid shipments besides running freight forwarding services. So far only two companies have received A grade in Mongolia.

IFFC has handled a number of international project shipments, managing deliveries for some world-known projects as

- Rehabilitation of Mongolian Railway

- Ulaanbaatar heating Sysytem Improvement

- Power Plant #4 by Japanese Government Aid

(Implementation period - years)

- Rehabilitation of Ulaanbaatar Municipal Telephoine and Communication System,

Alcatel, France

- Coal mining construction improvement project

- Ulaanbaatar City Transport Improvement Project

- Nescor Energy Crude Oil Project - Oil export shipments

- Enlargement of Buyant Ukhaa airport, Ulaanbaatar

- Fiber Cable project, Mongolian Railway

- 8500 MT rice aid shgipment from Japanese Government

- 1 Combine shipment from Finland and Japanese Government

- Przhevalsky Horse replacement in Mongolia from Holland

- Annually 1.5 million MT of crude oil shipments from Russia to China have been successfully handled by IFFC in recent years.

IFFC gained A classification by its capacity and resources from Ministry of Infrastructure and have a comprehensive authority to handle project and aid shipments besides running freight forwarding services. So far only two companies have received A grade in Mongolia.

IFFC has handled a number of international project shipments, managing deliveries for some world-known projects as

- Rehabilitation of Mongolian Railway

- Ulaanbaatar heating Sysytem Improvement

- Power Plant #4 by Japanese Government Aid

(Implementation period - years)

- Rehabilitation of Ulaanbaatar Municipal Telephoine and Communication System,

Alcatel, France

- Coal mining construction improvement project

- Ulaanbaatar City Transport Improvement Project

- Nescor Energy Crude Oil Project - Oil export shipments

- Enlargement of Buyant Ukhaa airport, Ulaanbaatar

- Fiber Cable project, Mongolian Railway

- IFFC gained A classification by its capacity and resources from Ministry of Infrastructure and have a comprehensive authority to handle project and aid shipments besides running freight forwarding services. So far only two companies have received A grade in Mongolia.

IFFC has handled a number of international project shipments, managing deliveries for some world-known projects as

- Rehabilitation of Mongolian Railway

- Ulaanbaatar heating Sysytem Improvement

- Power Plant #4 by Japanese Government Aid

(Implementation period - years)

- Rehabilitation of Ulaanbaatar Municipal Telephoine and Communication System,

Alcatel, France

- Coal mining construction improvement project

- Ulaanbaatar City Transport Improvement Project

- Nescor Energy Crude Oil Project - Oil export shipments

- Enlargement of Buyant Ukhaa airport, Ulaanbaatar

- Fiber Cable project, Mongolian Railway

- 8500 MT rice aid shgipment from Japanese Government

- 1 Combine shipment from Finland and Japanese Government

- Przhevalsky Horse replacement in Mongolia from Holland

- Annually 1.5 million MT of crude oil shipments from Russia to China have been successfully handled by IFFC in recent years.

I am student at the CIULA.

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INNOVATION IS THE ONLY SOURCE OF COMPETITIVE ADVANTAGE

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Innovation is the Only Sustainable Source of Competitive Advantage

“An innovative business is one which lives and breathes ‘outside the box’. It is a combination of good ideas, motivated staff, and an instinctive understanding of what your customer wants.” (Branson, R., 18)

Every business must grow in order to survive. Innovation involves using ideas and knowledge to create products and services, which create consumer demand in the marketplace. “The innovation process is a cycle in which ideas, talent, design skills, money and management expertise come together to create commercially viable products and services” (London Development Agency, 00, http//www.london-innovation.org.uk/innov_drivers.htm). Therefore, innovation is the fuel for the engine of growth within an organisation (Innovation In Action, 00, http// www.jeffmaynard.com/innovate.htm). Businesses must invest in developing new products, exploiting the potential of new partnerships and seeking out new markets if survival and growth are their aim in today’s hyper-competitive marketplace, ie. they must innovate.

Innovation is then basically, “finding new ways to better perform” (McPhearson, M., 001, pg. ). It can be customer-driven, take for example BMW’s NPD System. To maintain market leadership and the prominence of their brand BMW have developed a very deliberate innovation strategy. They have divided the innovative process into steps; innovation research, innovation management, and, innovation transfer, incorporating a “systematic, but flexible approach” (Seidel et al, 00, pg.) to the generation of new products and ideas, and ensuring their continued success and dominance in the motor-vehicle industry. (Seidel et al, 00). Innovation can also spring from a spontaneous event or a flash of genius, which can be turned into a marketable and saleable product or service. Take for example ‘Lonely Planet’. This company which is now the market-leader in the worldwide travel information industry developed from a small idea by Tony and Maureen Wheeler to write a book about their travels across Asia (Johnson, G., Scholes, K., 00). Innovation can occur both by accident and deliberately in almost all industries, but in organisations where survival depends on a constant stream of new products and services, then, it is imperative that innovation is a deliberate and well-resourced business process.




According to David Teece’s Complementary Assets Framework innovations are a major source of profitability for an organisation, and there are two factors which determine whether an innovation is beneficial for a firm � imitability and complementary assets. Figure 1 below illustrates when an innovation can lead to increased profitability for a firm.

Figure 1 Who Profits from Innovation (Afuah, A., Tucci, C.L., 001, pg. 71)

If imitability is high and complementary assets are “freely available or unimportant” (Afuah, A., Tucci, C.L., 001, pg. 71) then generating revenues is difficult. However, if complementary assets are “tightly held and important” (Afuah, A., Tucci, C.L., 001, pg. 71) then whoever owns these complementary assets stands to make some money. When imitability is low, the innovator will profit, even if complementary assets are “freely available or unimportant” (Afuah, A., Tucci, C.L., 001, pg. 71). Nonetheless the firm hoping to become profitable would be best positioned where imitability is low and complementary assets are “tightly held and important” (Afuah, A., Tucci, C.L., 001, pg. 71) because in this position the barriers to entry are high and the threat of substitutes and new entrants is low. Hence, it is clear that innovation can and does generate profits for an organisation (Afuah, A., Tucci, C.L., 001). But, while it does lead to increased profitability, and therefore a competitive advantage for firms, is innovation the only source of competitive advantage for those firms, and more importantly, is it the only source of sustained competitive advantage?

“Competitive Advantage is at the heart of a firms performance in competitive markets” (Porter, M., 185, pg. 15).

Finding a common definition for the term ‘competitive advantage’ however, is not easy. Traditionally it was seen as a firm consistently earning a higher rate of return than its competitors (Beal, R., 001). Michael Porter argues that competitive advantage is about successfully translating your competitive strategy into a competitive advantage (Porter, M., 185). In his article, ‘Competitive Advantage Sustainable or Temporary in Today’s Dynamic Environment?’ Reginald Beal states that competitive advantage is “the achievement of above average industry profitability” (Beal, R., 001, pg.5). Therefore, it can be said that competitive advantage incorporates one’s ability to outperform one’s rivals on the primary performance goal, profitability. However, it is ‘sustaining’ this competitive advantage that creates an industry leader. It should be noted at this stage that many researchers have questioned this notion of “sustained” competitive advantage, asking, is there such a thing, and if yes, what exactly constitutes “sustained”. They argue that terms such as ‘long-term’ and ‘in the future’ are ambiguous and lack specificity. Beal proposes that in order to determine a state of sustained competitive advantage a firm’s performance must be examined in each of the four industry life-cycle stages � introduction, growth, maturity and decline. A company is said to possess sustained competitive advantage if it yields “above average financial performance in two or more stages of the industry lifecycle” (Beal, R., 001, pg. ). However for the purpose of this discussion sustainable competitive advantage is looked at from a more simplistic perspective and is defined as “above average performance in the long run” (Porter, M., 185, pg. 11). In other words, sustainable competitive advantage is about outperforming your rivals over a long period of time. This ‘out-performance’ can be achieved by differentiating (ie. offering something unique and inimitable to you customer) or, by striving to become and becoming, the lowest cost producer in your industry (Beal, R., 001).

Traditionally, gaining sustainable competitive advantage was primarily dependent on barriers to entry � patent protection, economies of scale, access to capital, and regulated competition (cost advantages) and, differentiation advantages such as a unique (inimitable) activity or product that was seen as valuable by the customer. The competitive advantage was seen as more sustainable the greater the number of sources of cost or differentiation advantages (Beal, R., 001). However, in today’s global marketplace, where the scale and pace of change are so rapid, this traditional view is being challenged, and innovation, speed, adaptability and efficiency are becoming key drivers for the competitively positioned firm (McPhearson, M., 001). With the birth of the Resource-Based View of the firm, a firms resources (assets, capabilities, processes, competencies) have become the key consideration when discussing sustained competitive advantage. Resources that are non-imitable, non-substitutable and nontransferable are sources of sustained competitive advantage. Therefore, in contrast with the traditional view, the RBV shifts the focus of competitive advantage from the external to the internal (Beal, R., 001). In Michael Porter’s ‘What is Strategy?’ article he articulates that in order to remain competitive, companies must be, flexible to respond rapidly to competition and changes in the marketplace, “outsource aggressively to gain efficiencies” (Porter, M., 16, pg. 1), engage in continuous benchmarking in a bid to have best practice, and above all, develop and maintain a number of core competencies to keep ahead of the competition. (Porter, M., 16). Porter identifies five competitive forces which must be considered by firms aiming to gain sustainable competitive advantage. These include, the bargaining power of suppliers, the bargaining power of customers, the threat of substitutes, rivalry among firms in the industry, and the threat of new entrants into the industry. Gaining a sustained competitive advantage is determined by fast and effective responses to these five forces. (Afuah, A., Tucci, C.L., 001). Kathleen M. Eisenhardt argues that to sustain a competitive advantage firms must “focus on unique strategic processes with simple rules, on the modular patching of businesses to fleeting market opportunities, and on evolutionary timing for ongoing strategic moves” (Eisenhardt, K.M., 00, pg. 4). Joe Peppard, in his article ‘Strategic IS/IT Planning’ states that sustained competitive advantage can be achieved through alignment of the business and the IS/IT strategy, and using these two to introduce new products and services and retain new customers (Peppard, J., 1). Peter Drucker also focuses on the customer as the means for sustainable competitive advantage. He articulates that success comes through determining what the customer really wants and focusing all the company’s resources on satisfying these wants. (Drucker, P., 18).

From the research cited and arguments presented in the paragraph above, it is obvious that while innovation does play a major role in sustaining the competitive advantage of a company, it is not in itself the only factor affecting this sustainability. Firstly, some of the traditional factors mentioned such as patent protection and economies of scale still contribute greatly to the competitive advantage of firms. Take priceline.com, with their patented ‘Name Your Own Price’ Strategy. PriceLines most valuable resource is this patent which almost assures PriceLine will continue to lead the unique reverse auction market. PriceLine is essentially without peers at the moment, and there are few other firms that have such a vibrantly growing market all to themselves. Not many companies have a model that can match the scope of eBay, but PriceLine is one of them. Yet unlike the eBays and Amazons of the world, PriceLine doesn’t have to worry about well-funded competitors coming in and nibbling away at market share. Therefore PriceLine could be said to have a ‘sustained competitive advantage’ for the foreseeable future. Also, the academics referenced identify a number of other factors which are major contributors to the competitive advantage of firms. These include, inter alia, speed, adaptability, efficiency, flexibility, strategic processes, anticipation and relationships.

In my opinion, the essence of sustainable competitive advantage lies, not in processes or practices, but with the Customer. With increased globalization and the fast-pace hyper-competitive marketplace in which firms are competing, customer value and loyalty are paramount, without them firms simply will not survive. Thus, what establishes a firms sustained competitive advantage is “their ability to serve customers’ present and future needs (holistic needs)” (Kandampully, J., Duddy, R., 1, pg.1). The market leading firm must be aware of, and fulfill, both the customers’ present and future needs and it can be argued that sustained success “is essentially determined by its ability to expand and maintain a large and loyal customer base” (Kandampully, J., Duddy, R., 1, pg.1). The firm must create loyalty by creating a type of ‘relationship’ with their customer. They can do this by fulfilling their present needs and anticipating future ones. Like any ‘long-term relationship’ trust is of extreme importance. That is, the firm must win the heart of their customer and create and maintain a trust relationship with them (Kandampully, J., Duddy, R., 1). Creating this ‘relationship’ with your customer can prove extremely valuable. It is five times more expensive to attract a new customer, than to retain an old one, and some of the major benefits of such a relationship include ; “increased purchase, reduced costs, free advertising through word of mouth, employee retention and the life-time value of the customer” (Kandampully, J., Duddy, R., 1, pg.). Through exceptional service and innovativeness (anticipating the customer need) firms will attract and maintain customers, therefore maintaining their position as market leader. It should also be noted that the concept of the ‘relationship’ also takes in other stakeholders, including, employees, suppliers, distributors and shareholders. These relationships serve to create ‘networks’ or partnerships which add to the overall value of the firm and can lead to success for all parties involved. Also, a major challenge for firms today lies in building an environment that successfully creates and nurtures this ‘relationship’ with their customer. The strength of the ‘network’ or ‘partnership’ that exists with the firm’s stakeholders is what underpins and maintains this customer relationship. Loyalty and trust within the firm in turn leads to customer trust and loyalty and therefore creates this ‘long term relationship’ (Kandampully, J., Duddy, R., 1).

Anticipation is another key component of sustained competitive advantage. According to Kandampully and Duddy “there are limited advantages to being a trend setter; it is the trend creator that wins the game” (Kandampully, J., Duddy, R., 1, pg.). Here, of course, innovation is the key. With increased competition and threats from rivals and substitute products sustained competitive advantage can only be reached through constant innovation and growth (staying ahead of the competition). The key however, is to anticipate where the future is headed and where innovation is needed. The successful firm must think for the customer and anticipate their future needs. What works now, may not work in the future, and in order to be successful you must know what is going to work in the future (Kandampully, J., Duddy, R., 1). The firm that fails to “anticipate, react and respond” (Kandampully, J., Duddy, R., 1, pg.) to opportunities in their industry, whether they are deliberate or accidental, will quickly find themselves in the position of market-follower rather than market-leader.

When patenting is not possible it can also be argued that sustainable competitive advantage is achieved when the firm creates a product or service that cannot be imitated. This is especially fitting for service sector firms. Air Canada’s “Star Alliance” for example, where they formed partnerships with a number of airlines, including some of their major competitors created the idea of a single customer interface, providing flexibility for their customers and adding value for all those incorporated in the partnership (Kandampully, J., Duddy, R., 1). Another example would be the online auction site OnSale.com. This company tries to create an inimitable virtual value chain.

It renders value to its customers by enhancing every component along its customer’s value chain. That is; OnSale provides the most complete product description on-line, the auction is the most efficient form of pricing for B-goods, customers are notified by email about their successful bid which is very convenient for them, products are shipped to the customers desired location. OnSale has also developed its own proprietary software over four years, with a team of software engineers. This software can deliver a high throughput of 5000 transactions a day ensuring that OnSale has unique capabilities to deliver the value it boasts to its customers.

Therefore, it is not only innovation which generates sustained competitive advantage for organisations. It is a combination of factors internal and external to the firm. Internal factors are the firm’s own resources and include assets, capabilities, processes, competencies, strategies etc. External Factors include speed to market, adaptability to market changes, efficiency to incorporate and more importantly create best practices, flexibility to change, anticipation of future needs, and, relationships, both internal and external.

To conclude, becoming the leader in your market, ie. creating a sustainable competitive advantage lies in your ability to anticipate future trends (anticipation), take appropriate actions (innovation) and ‘think outside the box’ (relationships) (Kandampully, J., Duddy, R., 1). Sustained competitive advantage can be achieved through embracing and interpreting future customer needs and concerns. Consequently, innovation, while it is important and a key to sustained competitive advantage, is only effective if it is derived from a customer perspective. The key is to become your own customer and therefore develop products and services that “tomorrows customers want, before they become a reality” (Kandampully, J., Duddy, R., 1, pg. 4).





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Pat Parker Case Study

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1. Abstract

Pat Parker was a law school graduate who started a consulting firm that specialized in conducting opposition research and writing reports for political candidates, primarily for the Democratic Party. This specific case is about how Pat Parker developed a research report for Democratic nominee, Dale Jackson for the statewide Attorney General position. Two years later, representatives of the State Academy of Trial Lawyers wanted to buy the same research document on the Republican Attorney General, Terry Paine in what Parker believed to be an effort to inoculate their candidate during an upcoming election. Parker wasn’t sure how to proceed. There was the potential to be arrested for reselling the information, plus it could jeopardize the political party’s candidate.

There are several legal issues to be concerned with in this case. Would Pat Parker violate either contract or federal copyright laws by selling the research or the associated postcards to the State Academy of Trial Lawyers or anyone else who desired to purchase them? Could Parker sell the research to the State Academy of Trial Lawyers without violating the $500 maximum funding limit under the Florida Campaign Finance Statute? Would Parker be violating the Florida Voluntary Code of Fair Campaign Practices if he sold a report generated for one party to the other party? Also, if the items were resold to a third party, would Parker & Associates be violating any particular codes of ethics?

. Legal Analysis




The first legal issue to be analyzed is whether Parker would have violated contract law if all or any portion of the research document had been sold to the State Academy of Trial Lawyers? To determine if Parker would be violating the contract, a valid contract must first exist. Three elements of a valid contract must be proven, including competent parties, consideration, and mutual assent or meeting of the minds.

· Element 1 Competent Parties. For a valid contract, each side must have the capacity to enter into it. This case provides that Parker is a competent individual who willfully accepted an offer to conduct research for the Democratic nominee, also a competent party. We can conclude that both parties had the capacity to enter into a binding contract and element one is satisfied.

· Element Consideration. In order to hold both parties to the contract, each must give something in exchange. Money is the most common form of compensation. The Democratic nominee agreed to pay Parker $5,000 plus expenses to research their opponent, and Parker agreed to provide a report in return. The exchange of a completed report for money satisfies the second element of consideration.

· Element Meeting of the Minds, or Mutual Assent. This means that both sides must fully understand the details, rights, and obligations of the contract. Exhibit 8 of the case study, the agreement between Parker and the Democratic Party, provides clear, concise details as to what each party was required to do to satisfy their part of the contract. Therefore, a mutual assent or meeting of the minds clearly occurred when both parties signed the agreement, and the third element was satisfied.

Since all valid contract elements were satisfied, it can be concluded that the contract between Parker and the Democratic nominee was valid.

The original agreement, Exhibit 8, with the Democratic Party candidate specifically stated the “use of reports” which essentially said that the research and the publications used in the research shall not be used “for any other purpose, campaign, or person” and that the research was to be used “during the present campaign cycle only.” This type of bilateral contract basically promised that the two parties would maintain the terms of the contract between them only. If the research had been sold to another party during the campaign in addition to who it was originally created for, then Parker would have been in breech of contract and the Democratic Party would have every right to sue for damages.

However, the report that the State Academy of Trial Lawyers wanted to purchase from Parker was for an upcoming election that would be occurring during a different campaign cycle. The original agreement outlined that Parkers obligation would expire upon the determination of the last election in which the Campaign had qualified its candidate. It did not state that Parker & Associates could not use the research later, only that the campaign couldn’t. Therefore, it would not be a violation of the original agreement terms if Parker decided to sell the original report to the State Academy of Trial Lawyers or to whomever their firm chose to.

The second legal issue is whether Parker could sell the research to the State Academy of Trial Lawyers or other interested parties without violating federal copyright law. A copyright offers protection for original works of authorship. Copyright protection affords the author of copyrighted work with specific rights that the authors can give or sell to others or keep for themselves.

Possible copyright problems stem from two different items. The fact that the Democratic nominee contracted the work makes it possible that they hold the copyright on the research report. Additionally, when the State Academy of Trial Lawyers heard about the postcards developed by another consultant that were based on the research done by Parker’s firm, they wanted to purchase copies of those also.

According to the Copyright law, a holder has the right to control the material covered by the copyright. Copyright law also states that for research to be copyrightable, the material must

· Exist in a fixed, tangible form that can be reproduced

· Be an original creative effort

· Not already exist in the public domain

The information that Parker researched existed solely in the public domain. The consolidation of this information is still public domain, but the assumptions added to the publicly gained information established the report developed by Parker & Associates as unique. Therefore, the elements of copyrightable material have been satisfied.

The initial issue of who owns the work and therefore the copyright is confusing at first. The general rule is that the author of the work is the owner and therefore the copyright holder. Although the person who creates a unique piece of work is the author of that work and normally, the owner, there is an exception to that principle. Copyright law defines a category of work called works made for hire. For a “work made for hire, the purchaser or employer is considered the author, not the employee. Thus, the employer owns the copyright and possesses 5 exclusive rights granted in the copyrighted work.

1. Reproduction rights

. Modification rights

. Distribution or sale rights

4. Public performance rights, and

5. Public display rights

In 18 the Supreme Court ruled, that to determine whether a work is made for hire, it must first be determined if an employee or an independent contractor prepared the work.

The key item in this case is that Parker was an independent contractor, not a campaign employee. If an employee creates the work, generally the work would be considered a “work made for hire”. In this case, the Campaign was considered the purchaser of Parkers’ services. If a work is created by an independent contractor, such as Parker, then the work is a specially ordered or commissioned work, and it is only owned by the commissioner if the work is one of the types as follows,

· A part of a larger literary work,

· Part of a motion picture or other audiovisual work,

· A translation, or

· A supplementary work such as a chart, an introduction, an atlas, a test or answer material for a test, or an instructional text.

The parties must also expressly state in their contract that the work is “work made for hire”. This was not accomplished in Parker’s case. Nowhere in the contractual agreement does this statement appear. Since the research Parker conducted technically did not fall into any of the above categories and the “work made for hire” statement is missing, it can be said that Parker, as the original author of the work also holds the copyright.

There is also the agreement that both Pat Parker and the Democratic campaign manager signed. In Section 11 of the original agreement, it states that the Democratic Campaign can only use the research during the election year and not use it “for any other purpose, campaign, or person.” Between this, and the fact that Parker is the owner of the copyright, Parker & Associates, not the Democratic Party, has full authority to sell the research to whomever they choose.

The issue of the un-mailed postcards is different from the research itself because they were not actually written by Parker & Associates. Parker’s research was provided to an outside consultant that used the research data to create the postcards. However, Parker & Associates was asked to verify that the research they provided was sufficient to support the postcards’ claims.

For Parker to have a copyright claim to the postcards, there would have had to be a joint authorship of the work considered. If at the time the postcards were created both authors had intended their works to be part of an inseparable whole, this would be considered a joint work. However, from the interview provided in the case, Parker and the other consultant did not have such an understanding regarding the postcards; therefore the postcards cannot be considered a joint work, but rather a collective work.

In a collective work, each author owns the copyright for only the material they added to the finished product. Since both Parker and the other consultant have claims to copyright in the postcards, it would take the express permission of the other party before either could sell them. As before, the Democratic Party appears to have no claim to the postcards.

The agreement does not preclude the sale of the postcards with regards to the Democratic Party. If the other consultant had not been involved and Parker’s firm had made the postcards, the postcards would be under Parker & Associates copyright. However, since the postcards are a collective work, it would preclude Parker from being able to sell them to the State Academy of Trial Lawyers. From a legal standpoint, it seems that Parker & Associates have all the backing they need to sell the research, but not the postcards.

The next issue that Parker was concerned with was violating the campaign statute (though not provided in the case), specified that it would be illegal to give, and for a campaign to accept, an “in-kind” contribution in excess of the legal limit of $500, “through or in the name of another, directly or indirectly.” Any business that violated the campaign financing statutes could be fined or even dissolved. Anyone who aids, abets, or advises in violation of the statute could also be found guilty of a misdemeanor.

Parker knew that the research report was worth substantially more than the legal limit of $500, but was not aware of how the State Academy of Trial Lawyers intended to utilize it. If the State Academy of Trial Lawyers attempted to channel the report to the Republican candidate through a loophole in campaign financing laws, then Parker & Associates might not be guilty of violating the statutes. However, if the State Academy of Trial Lawyers were to give the entire report as an “in kind” donation to the Republican Attorney Generals campaign, then both the campaign and Parker, since Parker & Associates was represented in the report, would be in violation of campaign financing statutes. In this case, Parker would probably violate the Florida Campaign Financing Statute by having contributed more than $500 to a campaign indirectly through the State Academy of Trial Lawyers and would result in a misdemeanor offense. Parker could argue that the firm was unaware that the State Academy of Trial Lawyers intended to provide the report to the campaign for free or under the $500 donation limit.

The final issue of concern for Pat Parker was whether Parker & Associates would be violating the Florida State Voluntary Code of Fair Campaign Practices if they sold the research report to the State Academy of Trial Lawyers. The Florida State Voluntary Code of Fair Campaign Practices applies to potential candidates, but Parker was not a candidate running for any political position in the State of Florida. Therefore, Pat Parker could not violate this Florida Statute by selling the research report since the data presented in the research does not appear to violate the criteria established in Exhibit of the case study.

. Ethical Analysis

Would the reselling of a research project originally created by Pat Parker & Associates constitute an unethical action? Could that action be potentially damaging to either Parker & Associates or the Democratic Party? The evidence presented in this case is concerned with ownership and control of research created by one party for use by another.

As was proven by the legal analysis, Parker & Associates was the owner of the copyright for the research report that they created, and could therefore choose to sell it to another party if they so desired. There was an assumption that Parker had an ethical obligation to maintain loyalty to the Democratic Party since the firm had never done research for any other party, and would not sell their research to the Republican Party.

An ethical alternative would have been for Parker to not sell the research report to the State Academy of Trial Lawyers or any other interested party, thus fending off any potential damages to their reputation or to the Democratic Party.

Pat Parker had to address personal opinions and beliefs before a decision about the research report could be made. Pat Parker seemed hesitant to sell the case to the State Academy of Trial Lawyers for two reasons.

1. Pat Parker wasn’t sure about the legal ramifications

. The desire to continue working for Democratic candidates only

Parker & Associates was a successful business without doing research for any Republican candidates. The need for Parker to feel satisfied with a job well done was evident. Many times during the interview with Leslie Kent, Parker mentioned a feeling of pleasure when the candidates Parker & Associates had provided research to won their elections. That feeling transferred to job satisfaction and satisfaction of personal goals.

This case deals with an issue of whether it is ethical for Pat Parker to sell a research report developed for a Democratic candidate to a third party, with the possibility of the Republican candidate whom it was written about receiving it. Pat Parker had a feeling that it would be unethical to resell the research to the opposition party. Given that Pat Parker was a campaign research consultant, it can be assumed that Parker operated with a specific Code of Ethics. It can also be rationalized that Parker would live up to those principles in order to stay credible amongst the Democratic Party, whom Parker & Associates had conducted all of its business.

A Code of Ethics usually contains a list of principles that professional organizations wish their members to abide by. Yet Parker & Associates was one of only a few firms that specialized in opposition research. There was no established organization, and there was no established Code of Ethics either. It was essentially up to Pat Parker to decide the ethical stand that Parker & Associates would take. However, the Pat Parkers and Parker & Associates reputations were at stake if the wrong decision was made.

In this case, Pat Parker did not want to lose credibility amongst peers or current and future clients. Humans by nature require justification. They have a need to know why they should do something and for what reasons. Humans need specific criteria for judging what decisions are right and what decisions are wrong. It is usually not enough to simply list appropriate actions without an explanation.

Pat Parker in this case is trying to determine the right decision from the wrong decision. Ethical theories can be used to justify such decisions. Consequentialism probably has the best approach in this case. The theory believes that one can distinguish right actions from wrong actions by the fact that right actions will have better consequences. That the right actions will lead to the maximization of overall happiness. This basic form of Consequentialism is known as Utilitarianism. Therefore, if the final decision were to not sell the research to the State Academy of Trial Lawyers, Parker would have made the right decision that would afford better consequences. This obviously would proclaim Parker loyal to the Democratic Party and boost the credibility of Parker & Associates amongst current and future clients.

In trying to clarify what the right action to take is, codes of conduct are often a combination of both Deontological and Utilitarian approaches. In substance, codes of conduct are an expression of the deontological approach. They say, Here are the principles that should be followed. Whether professionals follow a more deontological scheme when formulating ethical codes of conduct or a utilitarian one, both are similar since they clarify the specific duties a profession is obligated to carry out.

From a Virtue Theory perspective, Parker needed to evaluate certain things. If a decision were made not to sell the research, would Parker & Associates still be considered a competent entity in the business? Using the Virtue Theory, the selling of the research would not satisfy any of Pat Parker’s internal or external goals. The sale would throw Pat Parkers character traits out of balance and would consequently be considered an unethical act.

Selling the research would not develop Pat Parkers character in any way and would be considered unethical. Although it appears to be legal for Parker & Associates to sell the research to the State Academy of Trial Lawyers, the ethical reasons show that it should not be done.

4. Conclusion

I believe this case raises an issue regarding intellectual property, specifically federal copyright law. The legal problems surrounding this case are basically about one research report that was written by one person that may have belonged to the client that commissioned it. Parker acted cautiously as though Parker & Associates owned the copyrights to the report they had created. Under federal copyright law, a specific category called “work for hire, “ which states that once a product is completed and turned over to the employer, it rightfully became the property of the employer.

However, Parker was an independent contractor, not an employee. Plus, no such language of “work for hire” ever existed in the research or the contractual agreement between Parker and the client. Therefore, Parker & Associates had every legal right to sell the report to anyone else that wished to do so without violating federal copyright law.

However, Pat Parker would have gone against the personal beliefs that had carried Parker & Associates for years if the research report had been sold to the State Academy of Trial Lawyers. There would have been a sense of betrayal or untruthfulness to the Democratic Party, which Parker & Associates had supported for many years.

Pat Parker could legally sell the report to the State Academy of Trial Lawyers, but would feel ethically and morally wrong for having done so. It could have opened up the potential for future clients, but at what cost to Parkers personal preferences or to Parker & Associates in the long run by playing both sides against the middle? Which was more important, the potential for increased business or the continued respect of the firms chosen affiliation?

I believe that Pat Parker would be better off taking the path that leads to both the legal and ethical right answer. Parker & Associates had the legal right to either sell or not sell the research report to whomever they chose. By not selling a report produced for one party to another party would put Parker & Associates in a Win-Win situation.

· They would maintain the respect of the party with whom they had done business for years by not having opted for higher revenues over loyalty.

· The potential for more clients from the Democratic Party in the future was greater since it would show them that Parker & Associates was both ethically and legally bound to the good faith trust that their clients had placed in them.

· Pat Parker would be satisfied knowing that Parker & Associates had not provided documentation to the party that was not aligned with personal preferences.



Mind that the sample papers like Pat Parker Case Study presented are to be used for review only. In order to warn you and eliminate any plagiarism writing intentions, it is highly recommended not to use the essays in class. In cases you experience difficulties with essay writing in class and for in class use, order original papers with our expert writers. Cheap custom papers can be written from scratch for each customer that entrusts his or her academic success to our writing team. Order your unique assignment from the best custom writing services cheap and fast!