We are ready to represent the best custom paper writing assistance that can cope with any task like fasdfasd 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 fasdfasd 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.
he story in Tricycle about the Mean Street Monks shows excellent examples of how the monks in Wat Chansisamakidham had to accommodate in order for Buddhism to survive American society. In traditional Buddhism, monks are supposed to basically stay separated and keep distant from the laity. The monks at this particular wat slightly changed their beliefs in order to reach out to the troubled youth of Stockton, not unlike Chrishe story in Tricycle about the Mean Street Monks shows excellent examples of how the monks in Wat Chansisamakidham had to accommodate in order for Buddhism to survive American society. In traditional Buddhism, monks are supposed to basically stay separated and keep distant from the laity. The monks at this particular wat slightly changed their beliefs in order to reach out to the troubled youth of Stockton, not unlike Christians do (Easton-Waller, 61).
Another accommodation that the monks make is the use of automobiles. Cars are a necessity in urban America. Also, the ancient tradition that requires the heads of the monks to stay elevated above those of the laity has been compromised. In American society, for Therevada Buddhism to survive in America some things such as these and others must be accommodated for (Easton-Waller, 65).
Other things apart from those shown in Mean Street Monks also show how Buddhism has Americanized in order to fit needs different from those in Asia. In a country that is dominated by the Christian religion, Buddhism has accommodated to some attributes of it. For tians do (Easton-Waller, 61).
Another accommodation that the monks make is the use of automobiles. Cars are a necessity in urban America. Also, the ancient tradition that requires the heads of the monks to stay elevated above those of the laity has been compromised. In American society, for Therevada Buddhism to survive in America some things such as these and others must be accommodated for (Easton-Waller, 65).
Other things apart from those shown in Mean Street Monks also show how Buddhism has Americanized in order to fit needs different from those in Asia. In a country that is dominated by the Christian religion, Buddhism has accommodated to some attributes of it. For
Mind that the sample papers like fasdfasd 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!
Thursday, July 12, 2012
Faith Community Hospital
We are ready to represent the best custom paper writing assistance that can cope with any task like Faith Community Hospital 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 Faith Community Hospital 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.
Faith Community Hospital a Case Study
This case study involves Faith Community hospital, which has several challenges. After meeting with the Chief Executive Officer (CEO) Pat, several financial and personnel issues are troubling the hospital. This report will identify the issues then offer possible solutions and their ramifications. The solutions will be narrowed down into a plan of resolution to remedy the issues.
This institution has a stated mission to promote the health and well being of the people in the community they serve through a comprehensive continuum of services (case study). In order to achieve their mission the hospital must be sound financially and have adequately trained staff personal.
Currently Faith Community hospital is facing a financial crisis. The cost per patient has been increasing while the number of patients has been decreasing. Aside from the financial issues at Faith Community hospital, a few staff issues need to be addressed. Several staff members are refusing to give certain requested services without following hospital directives. In one case, the nurse would not care for a bleeding patient because he had not been HIV cleared. Patients are being refused services because their insurance coverage cannot be confirmed. This has resulted in possible legal action against the hospital in some of these cases. Besides refusing services a few staff, counselors have been rendering services with out charging the client any fees. These issues not only affect revenue they create bad press and poor community relations for the hospital.
The first issue is the financial status of Faith Community Hospital is the decrease in the number of patients that are being cared for. Their financial analyst reported that the number of patients has dropped seven percent from 8,455 to 7,86; which translates into decreased revenue for the hospital. A hospital is a business whether it is for profit or not for profit, and patients are customers that purchase services. We have three options, either raise prices on goods and services, or increase the number of patients (sales), or a combination of both. To increase the number of patients the hospital must promote its services to the community and surrounding area. Advertising can be costly so the type of promotion should be scrutinized. Perhaps some inexpensive radio spots, networking thru churches and community action centers, schools and participating in community events. Most people think of a hospital as an emergency care facility where they go when a severe injury or illness occurs. The hospital has many other services other than emergency care. They should promote their special services to the community such as maternity care, counseling and Pharmacy services. These services unlike emergency care are discretionary to where the patent will receive their help. If done properly it would attract people in the local community and surrounding areas. A modest increase in charges for hospital services would be in order. Although check with insurance and other hospitals as to not exceed the insurance company’s guidelines and contracted pricing on services. A survey of neighboring hospital would aid in determining which services should be increased to match theirs. In addition, since this is a non-profit hospital, benefactors could be solicited to contribute on a regular basis.
With patient counts, dropping accounting has reported that patient cost has risen from $17 to $40 per day over the last year. Approximately one third of the cost is fixed expenses, which do not fluctuate with patient population. These costs are items such as building and equipment leases, utilities, payroll and staffing expenses. It is difficult to decrease these costs but on the other hand it can be done. The building lease possibly could be renegotiated to a lower rate. The utilities should be evaluated and energy savings implemented. Staffing should be evaluated to determine if some administration or maintenance positions should be eliminated or consolidated. Insurance policies for the building, malpractice and others can be shopped for better rates.
Insurance and government reimbursement is a major portion of a hospital’s revenue stream. The paperwork involved in processing those claims has to be done correctly and promptly. One mistake can delay or cancel reimbursements, which would be unacceptable. Follow up on insurance and government reimbursement claims. Make sure that all claims are processed and reimbursed in a timely manner. Give adequate training to insurance processors so they can complete the paperwork correctly and efficiently for each contracted insurance company.
This case study is a multifaceted problem where each one affects each other. The staff issues are affecting the community’s view of the hospital as being uncaring and irresponsible. This affects the choice of hospitals that members of the community will make when they need elective services. This in return translates into loss of revenue dollars if the patients select other hospitals. One possible solution is to provide on going scheduled training to all staff personnel. This training would be specialized to the specific departments. Extensive focus on hospital directives and policies, applicable to their work environment. Many times in crisis situations, the care provider does what they deem necessary without thought to directives or regulations. The training will reinforce procedures so the care providers and administration will remember them in crises situations. Every staff person who is responsible with interaction to the public and patents should undergo training on people skills and how to handle confrontations. Many times when people are in crises, they do not think clearly, which can affect the information that is given to the admissions personnel or care provider such as insurance or care information.
Several possible solutions exist to lift Faith Community hospital out of their financial and personnel problems. My recommendation is to start an intensive training of all staff personnel on hospital directives and government regulations that are applicable to their area of responsibility. This training should be on going to include new staff and to update everyone to new regulations and directives. The department heads should be responsible for design and implementation for their department. Periodic customer service training should be administered to staff that is in contact with patients and their families. The patients are our customers so they should be treated that way.
Have each hospital area identify elective services that can be promoted to the local community. Hire an ad agency to promote the hospital and its services. Become more involved in the community by having seminars. Organize an information fair that would show people what services we can provide. Get plenty of good positive press to keep the name Faith Community in front of people.
Review all of the standard charges for services and insure that they are at par with insurance and government guidelines for this area. If some services should be adjusted beyond, the guidelines then contact the regulating agency to see if those rates can be renegotiated.
As a hospital caring for hurting people, there are many regulations and forces outside our control, which challenge us financially. A hospital is a business so run it as a business. Treat our patients as customers who purchase our services and charge them a fair price while watching the costs of doing business and the financial problems will go away.
University of Phoenix. (001). Let it Pour My First Assignment as Executive Assistant
Mind that the sample papers like Faith Community Hospital 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!
Faith Community Hospital a Case Study
This case study involves Faith Community hospital, which has several challenges. After meeting with the Chief Executive Officer (CEO) Pat, several financial and personnel issues are troubling the hospital. This report will identify the issues then offer possible solutions and their ramifications. The solutions will be narrowed down into a plan of resolution to remedy the issues.
This institution has a stated mission to promote the health and well being of the people in the community they serve through a comprehensive continuum of services (case study). In order to achieve their mission the hospital must be sound financially and have adequately trained staff personal.
Currently Faith Community hospital is facing a financial crisis. The cost per patient has been increasing while the number of patients has been decreasing. Aside from the financial issues at Faith Community hospital, a few staff issues need to be addressed. Several staff members are refusing to give certain requested services without following hospital directives. In one case, the nurse would not care for a bleeding patient because he had not been HIV cleared. Patients are being refused services because their insurance coverage cannot be confirmed. This has resulted in possible legal action against the hospital in some of these cases. Besides refusing services a few staff, counselors have been rendering services with out charging the client any fees. These issues not only affect revenue they create bad press and poor community relations for the hospital.
The first issue is the financial status of Faith Community Hospital is the decrease in the number of patients that are being cared for. Their financial analyst reported that the number of patients has dropped seven percent from 8,455 to 7,86; which translates into decreased revenue for the hospital. A hospital is a business whether it is for profit or not for profit, and patients are customers that purchase services. We have three options, either raise prices on goods and services, or increase the number of patients (sales), or a combination of both. To increase the number of patients the hospital must promote its services to the community and surrounding area. Advertising can be costly so the type of promotion should be scrutinized. Perhaps some inexpensive radio spots, networking thru churches and community action centers, schools and participating in community events. Most people think of a hospital as an emergency care facility where they go when a severe injury or illness occurs. The hospital has many other services other than emergency care. They should promote their special services to the community such as maternity care, counseling and Pharmacy services. These services unlike emergency care are discretionary to where the patent will receive their help. If done properly it would attract people in the local community and surrounding areas. A modest increase in charges for hospital services would be in order. Although check with insurance and other hospitals as to not exceed the insurance company’s guidelines and contracted pricing on services. A survey of neighboring hospital would aid in determining which services should be increased to match theirs. In addition, since this is a non-profit hospital, benefactors could be solicited to contribute on a regular basis.
With patient counts, dropping accounting has reported that patient cost has risen from $17 to $40 per day over the last year. Approximately one third of the cost is fixed expenses, which do not fluctuate with patient population. These costs are items such as building and equipment leases, utilities, payroll and staffing expenses. It is difficult to decrease these costs but on the other hand it can be done. The building lease possibly could be renegotiated to a lower rate. The utilities should be evaluated and energy savings implemented. Staffing should be evaluated to determine if some administration or maintenance positions should be eliminated or consolidated. Insurance policies for the building, malpractice and others can be shopped for better rates.
Insurance and government reimbursement is a major portion of a hospital’s revenue stream. The paperwork involved in processing those claims has to be done correctly and promptly. One mistake can delay or cancel reimbursements, which would be unacceptable. Follow up on insurance and government reimbursement claims. Make sure that all claims are processed and reimbursed in a timely manner. Give adequate training to insurance processors so they can complete the paperwork correctly and efficiently for each contracted insurance company.
This case study is a multifaceted problem where each one affects each other. The staff issues are affecting the community’s view of the hospital as being uncaring and irresponsible. This affects the choice of hospitals that members of the community will make when they need elective services. This in return translates into loss of revenue dollars if the patients select other hospitals. One possible solution is to provide on going scheduled training to all staff personnel. This training would be specialized to the specific departments. Extensive focus on hospital directives and policies, applicable to their work environment. Many times in crisis situations, the care provider does what they deem necessary without thought to directives or regulations. The training will reinforce procedures so the care providers and administration will remember them in crises situations. Every staff person who is responsible with interaction to the public and patents should undergo training on people skills and how to handle confrontations. Many times when people are in crises, they do not think clearly, which can affect the information that is given to the admissions personnel or care provider such as insurance or care information.
Several possible solutions exist to lift Faith Community hospital out of their financial and personnel problems. My recommendation is to start an intensive training of all staff personnel on hospital directives and government regulations that are applicable to their area of responsibility. This training should be on going to include new staff and to update everyone to new regulations and directives. The department heads should be responsible for design and implementation for their department. Periodic customer service training should be administered to staff that is in contact with patients and their families. The patients are our customers so they should be treated that way.
Have each hospital area identify elective services that can be promoted to the local community. Hire an ad agency to promote the hospital and its services. Become more involved in the community by having seminars. Organize an information fair that would show people what services we can provide. Get plenty of good positive press to keep the name Faith Community in front of people.
Review all of the standard charges for services and insure that they are at par with insurance and government guidelines for this area. If some services should be adjusted beyond, the guidelines then contact the regulating agency to see if those rates can be renegotiated.
As a hospital caring for hurting people, there are many regulations and forces outside our control, which challenge us financially. A hospital is a business so run it as a business. Treat our patients as customers who purchase our services and charge them a fair price while watching the costs of doing business and the financial problems will go away.
University of Phoenix. (001). Let it Pour My First Assignment as Executive Assistant
Mind that the sample papers like Faith Community Hospital 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!
Critical Thinking and Decision Making
We are ready to represent the best custom paper writing assistance that can cope with any task like Critical Thinking and Decision Making 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 Critical Thinking and Decision Making 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.
“I think, therefore I am.” � Rene Descartes. “Give no decision ‘til both sides thoust heard.” � Phocylides (The Quotation Page) Critical thinking and decision making what are they? Are they related? Do they have any relevance to our daily lives? Critical thinking and decision making are, in fact, closely intertwined, and can have profound effects upon both our professional and personal lives.
Critical thinking is a process that involves examining an idea or premise to determine several different criteria
“What are the issues and the conclusions? What are the reasons? What words or phrases are ambiguous? What are the value conflicts and assumptions? What are the descriptive assumptions? Are there any fallacies in the reasoning? How good is the evidence? Are there rival causes? Are the statistics deceptive? What significant information is omitted? What reasonable conclusions are possible?” (Browne, 40)
These questions all have the same end point as a focus. When we use critical thinking, we go past just accepting the idea as it is presented to us. Instead, we question it. We look for the assumptions and inferences in it. We ask questions if there is ambiguous language. We point out logical fallacies. As we do these things, we are able to hone closer to the bone. We may not get to the ultimate truth of the matter, but we may get closer to what the author or speaker really wants to get across.
Browne et al., define critical thinking as a process by which one sifts through information to separate clear thinking from sloppy thinking. (Browne, 7) I think of critical thinking more as a way to get to the kernel of truth hidden within the husk of the author’s biases. It is a way we can recognize, analyze and move past assumptions, ambiguities and biases to get to the truth of the matter, or at least as close to that truth as we can. Boychuk Duchscher defines four components of critical thinking identifying and challenging assumptions; context; exploring and imagining alternatives; reflective skepticism. (Boychuk Duchscher, )
Critical thinking is not just an end unto itself. When we use critical thinking on an idea, so that we have examined it and have come closer to what we feel is the truth of the matter, we are better able to make a decision on the matter, if one is required. What is involved in decision making? Although each decision may seem to be an end to the question, “the point is that decisions…are not simple, discrete events.” (Browne, 1) Decisions build upon one another. I decide to have breakfast; then I must decide what to have for breakfast. Because I decided to have Shredded Wheat cereal for breakfast, I decide to thoroughly floss my teeth. You can see how each decision follows its predecessor.
I define decision making as the process that results from using critical thinking towards a specific end. One engages in decision making when one uses critical thinking to find a solution to a problem or situation. According to Helliwell, there are four points that need to be reached in the decision cycle
• Examining the problem to determine the need for a decision.
• Using critical thinking to sort through as much available information as possible.
• Applying “gut instinct” (Helliwell, ) to the decision as it forms.
• Determining the advantages and disadvantages of the decision. (Helliwell, )
Browne et al. define decision making in the following manner “Decisions are streams of choices. While each choice might be treated as a discrete event and each subproblem might be considered a discrete problem, the choices accumulate either by design or happen-stance. At some point, the accumulation builds a momentum of its own that can sweep up even well-intentioned decision makers.” (Browne, 1)
It is this accumulation that makes critical thinking so important to decision making. If one neglects to think carefully before making a decision, and as a result a poor decision is made, the results of that poor decision could snowball. Since each subsequent decision may depend on its predecessor, one poor decision can lead all future decisions down the wrong path. Take, for example, the situation described by Browne et al. of the accident in 174 when a cargo door blew off a DC-10. Many poor decisions, some innocuous at the time, led to this problem. No one intended for this to happen, but it did, and a poor decision trail contributed to the tragedy. (Browne, 114)
There are many benefits to being a critical thinker. One of the most important is that, once you begin using critical thinking in your daily life, you are no longer allowing other people to think for you. You are not accepting others’ thoughts and opinions as your own, but are instead actively searching for your own personal thoughts and opinions. Critical thinking also has the benefit of helping you to reach better decisions. Better decisions can, among other things, save money, time and effort. McGinnity and Kelley give a case study where critical thinking allowed a case manager to determine the true reason a client wanted to change agencies, and allowed the manager to resolve the issue without going through the cost of firing and hiring agencies. () A third benefit of critical thinking is how it helps sharpen your perceptions. As you become accustomed to thinking critically, you begin to see assumptions and biases of ideas and statements that you come across, and can immediately begin to explore the information at hand.
I see the effects that both the presence and the absence of critical thinking have on my workplace every day. When a customer service representative is using critical thinking skills, he is able to gather information from a user about what kind of browser, operating system and specific error message the user is getting before passing it on to technical support; in most cases, the representative can solve the problem right there, just by asking the right questions and gathering the required information. When a customer service representative is not using critical thinking skills, all we may hear is, “The exam is not working.” Which exam? Which course? What user? What happened? The information we’ve received is useless without elaboration. The absence of critical thinking is also felt in the way the server architecture is set up, and in the way some of the course information is kept. Even though moving to a content management system, to become SCORM/AICC compliant and win more accounts, has been proposed several times, it has never made any headway, because senior technical management thinks things should stay the same as they always have been. The server architecture suffers the same fate, even though its structure has contributed to several outages of the entire site.
Critical thinking can be a beneficial process that can help you find the truth behind a statement, or a better way to do something, but it must be implemented to be of any use. By using critical thinking to find the assumptions, ambiguities, inferences, biases and logical fallacies in a statement or idea, you can find reasons to bolster support for your own opinions, find reasons to change opinions, and find paths to better decision making.
Boychuk Duchscher, Judy E. “Catching the Wave Understanding the Concept of Critical Thinking.” Journal of Advanced Nursing; Mar, Vol. Issue , p577, 7p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=0 (0 Oct 00)
Browne, M. Neil et al. “Readings in Critical Thinking Strategies in Decision Making.” MA Pearson Custom Publishing, 001.
Helliwell, Rick. “Keys to Critical Thinking.” New Zealand Management; Jul 000, Vol. 47 Issue 6, p44, p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=1 (1 Oct 00)
McGinnity, Eileen and Kelley, Terry A. “Critical Thinking for Case Managers.” Inside Case Management; Aug 1, p10, p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=1 (1 Oct 00)
“Quotation Search � Quote Search � The Quotation Page”, http//www.quotationspage.com/search.php?Search=decision&Author=&C=motivate&C=classic&C=coles&C=lindsly&C=poorc&C=contrib&x=16&y= (1 Oct 00)
Mind that the sample papers like Critical Thinking and Decision Making 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!
“I think, therefore I am.” � Rene Descartes. “Give no decision ‘til both sides thoust heard.” � Phocylides (The Quotation Page) Critical thinking and decision making what are they? Are they related? Do they have any relevance to our daily lives? Critical thinking and decision making are, in fact, closely intertwined, and can have profound effects upon both our professional and personal lives.
Critical thinking is a process that involves examining an idea or premise to determine several different criteria
“What are the issues and the conclusions? What are the reasons? What words or phrases are ambiguous? What are the value conflicts and assumptions? What are the descriptive assumptions? Are there any fallacies in the reasoning? How good is the evidence? Are there rival causes? Are the statistics deceptive? What significant information is omitted? What reasonable conclusions are possible?” (Browne, 40)
These questions all have the same end point as a focus. When we use critical thinking, we go past just accepting the idea as it is presented to us. Instead, we question it. We look for the assumptions and inferences in it. We ask questions if there is ambiguous language. We point out logical fallacies. As we do these things, we are able to hone closer to the bone. We may not get to the ultimate truth of the matter, but we may get closer to what the author or speaker really wants to get across.
Browne et al., define critical thinking as a process by which one sifts through information to separate clear thinking from sloppy thinking. (Browne, 7) I think of critical thinking more as a way to get to the kernel of truth hidden within the husk of the author’s biases. It is a way we can recognize, analyze and move past assumptions, ambiguities and biases to get to the truth of the matter, or at least as close to that truth as we can. Boychuk Duchscher defines four components of critical thinking identifying and challenging assumptions; context; exploring and imagining alternatives; reflective skepticism. (Boychuk Duchscher, )
Critical thinking is not just an end unto itself. When we use critical thinking on an idea, so that we have examined it and have come closer to what we feel is the truth of the matter, we are better able to make a decision on the matter, if one is required. What is involved in decision making? Although each decision may seem to be an end to the question, “the point is that decisions…are not simple, discrete events.” (Browne, 1) Decisions build upon one another. I decide to have breakfast; then I must decide what to have for breakfast. Because I decided to have Shredded Wheat cereal for breakfast, I decide to thoroughly floss my teeth. You can see how each decision follows its predecessor.
I define decision making as the process that results from using critical thinking towards a specific end. One engages in decision making when one uses critical thinking to find a solution to a problem or situation. According to Helliwell, there are four points that need to be reached in the decision cycle
• Examining the problem to determine the need for a decision.
• Using critical thinking to sort through as much available information as possible.
• Applying “gut instinct” (Helliwell, ) to the decision as it forms.
• Determining the advantages and disadvantages of the decision. (Helliwell, )
Browne et al. define decision making in the following manner “Decisions are streams of choices. While each choice might be treated as a discrete event and each subproblem might be considered a discrete problem, the choices accumulate either by design or happen-stance. At some point, the accumulation builds a momentum of its own that can sweep up even well-intentioned decision makers.” (Browne, 1)
It is this accumulation that makes critical thinking so important to decision making. If one neglects to think carefully before making a decision, and as a result a poor decision is made, the results of that poor decision could snowball. Since each subsequent decision may depend on its predecessor, one poor decision can lead all future decisions down the wrong path. Take, for example, the situation described by Browne et al. of the accident in 174 when a cargo door blew off a DC-10. Many poor decisions, some innocuous at the time, led to this problem. No one intended for this to happen, but it did, and a poor decision trail contributed to the tragedy. (Browne, 114)
There are many benefits to being a critical thinker. One of the most important is that, once you begin using critical thinking in your daily life, you are no longer allowing other people to think for you. You are not accepting others’ thoughts and opinions as your own, but are instead actively searching for your own personal thoughts and opinions. Critical thinking also has the benefit of helping you to reach better decisions. Better decisions can, among other things, save money, time and effort. McGinnity and Kelley give a case study where critical thinking allowed a case manager to determine the true reason a client wanted to change agencies, and allowed the manager to resolve the issue without going through the cost of firing and hiring agencies. () A third benefit of critical thinking is how it helps sharpen your perceptions. As you become accustomed to thinking critically, you begin to see assumptions and biases of ideas and statements that you come across, and can immediately begin to explore the information at hand.
I see the effects that both the presence and the absence of critical thinking have on my workplace every day. When a customer service representative is using critical thinking skills, he is able to gather information from a user about what kind of browser, operating system and specific error message the user is getting before passing it on to technical support; in most cases, the representative can solve the problem right there, just by asking the right questions and gathering the required information. When a customer service representative is not using critical thinking skills, all we may hear is, “The exam is not working.” Which exam? Which course? What user? What happened? The information we’ve received is useless without elaboration. The absence of critical thinking is also felt in the way the server architecture is set up, and in the way some of the course information is kept. Even though moving to a content management system, to become SCORM/AICC compliant and win more accounts, has been proposed several times, it has never made any headway, because senior technical management thinks things should stay the same as they always have been. The server architecture suffers the same fate, even though its structure has contributed to several outages of the entire site.
Critical thinking can be a beneficial process that can help you find the truth behind a statement, or a better way to do something, but it must be implemented to be of any use. By using critical thinking to find the assumptions, ambiguities, inferences, biases and logical fallacies in a statement or idea, you can find reasons to bolster support for your own opinions, find reasons to change opinions, and find paths to better decision making.
Boychuk Duchscher, Judy E. “Catching the Wave Understanding the Concept of Critical Thinking.” Journal of Advanced Nursing; Mar, Vol. Issue , p577, 7p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=0 (0 Oct 00)
Browne, M. Neil et al. “Readings in Critical Thinking Strategies in Decision Making.” MA Pearson Custom Publishing, 001.
Helliwell, Rick. “Keys to Critical Thinking.” New Zealand Management; Jul 000, Vol. 47 Issue 6, p44, p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=1 (1 Oct 00)
McGinnity, Eileen and Kelley, Terry A. “Critical Thinking for Case Managers.” Inside Case Management; Aug 1, p10, p http//web1.epnet.com/citation.asp?tb=1&_ug=dbs+0%C1%C%C%C5+ln+en%Dus+sid+B7A4AF%DFF54%D4F8%D8DC%D1CF6DDBDDD%40Sessionmgr4+545&_us=bs+%7B%critical++thinking%++AND++%decision++making%%7D+db+0%C1%C%C%C5+ds+%7B%critical++thinking%++AND++%decision++making%%7D+dstb+KS+gl+%7BFT++y%7D+hd+0+hs+0+or+Date+ri+KAAACBUB001715+sm+KS+ss+SO+65FF&fn=1&rn=1 (1 Oct 00)
“Quotation Search � Quote Search � The Quotation Page”, http//www.quotationspage.com/search.php?Search=decision&Author=&C=motivate&C=classic&C=coles&C=lindsly&C=poorc&C=contrib&x=16&y= (1 Oct 00)
Mind that the sample papers like Critical Thinking and Decision Making 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!
Corporate Governance
We are ready to represent the best custom paper writing assistance that can cope with any task like Corporate Governance 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 Corporate Governance 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.
Corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals_. The aim is to align, as nearly as possible, the interest of the individuals, corporations and society
Sir Adrian Cadbury 1
The UK’s economy depends on the drive and efficiency of its companies. The companies must be free to drive forward, but exercise that freedom of situating a system of effective accountability. This is the essence of any system of good ‘Corporate Governance’.
Corporate Governance is the system by which companies are directed and controlled. Board of Directors are responsible for the governance of their companies. The shareholders’ role in governance is to appoint governance structure is in place.
In 1, Sir Adrian and his committee introduced a report outlining the need for better corporate governance. This was the response to a number of scandals that occurred in the late 180s and early 10s that had people in doubt on the ways companies were run. This resulted in scandalous collapse of UK companies such as Pollypeck International PLC, Bank Of Credit and Commerce International (a.k.a BCCI) and Maxwell Communication Corporation. The reasons for these failures were due to weak governance systems, lax board oversight, and the authority of control in the hands of a single top executive. The Financial Times (May 8, 1) mentioned, “The downfall of powerful figures such as Asil Nadir or the late Robert Maxwell (who was accused of stealing £700 million from employee pension funds to support his failing publishing company, the Mirror Group), whose personal control over their companies raised fears about the concentration power”. However, collapse of UK companies was not the only reason on why there was a demand for better corporate governance, another reason is that in publicly-traded UK corporations, the positions of the ‘Chairman’ and ‘Chief Executive’ were held by one person which doesn’t enhance a broad oversight of the company. An example of this was printed in the Financial Times in 188 where it stated, “For 4 of the Fortune 500 companies and for 8 of the FTSE 500 companies, a single individual jointly held the positions of Chairman and CEO.” This was a concern to many companies after the downfall of some powerful figures (as mentioned earlier). In 11, the Conservative Government Of the United Kingdom met together to “address the financial aspects of corporate governance” (Report of The Committee on The Financial Aspects of Corporate Governance (Section 1.8), December 1). The Conservative Government depends on its country’s economy, the UK has a strong economy and in order to maintain this strength companies need to be more efficient. In May 11 The Cadbury Committee was appointed by the Conservative Government, a year later the Cadbury Report was introduced as a response to drive companies forward in being efficient, keeping The UK’s economy strong and to respond to the scandals that have occurred.
In December 1, the Cadbury Committee published the ‘Code Of Best Practice’, which was directed to all boards of directors of all listed companies registered in the UK. In the code, the committee recommended that boards of publicly-trade UK corporations include at least three outside directors (non-executive directors), the positions of the
chairman and chief executive must not be held by a single individual as they used to be in previous years. The chairmans role is to watch out for the interest of shareholders and prevent
the kind of mischief that brought down Maxwells empire and --hardly possible if the CEO and chairman are the same.
Prosser, a board member at GlaxoSmithKline and BP, says The opportunity to observe such subtleties as body language among executives is much easier when there are more board members present. The Cadbury Report sought to end the rubber-stamp board by making sure that the role of non-executive directors was no longer without care for the chairman’s friends. The key purpose was to limit the power of business leader such as Robert Maxwell who might press his board into disastrous situations. Since 1, directors in the UK have access to all top managers. This may sound of little value, but it can provide early warning signs. Prosser, a board member at GlaxoSmithKline and BP, says “The opportunity to observe such subtleties as body language among executives is much easier when there are more board members present.” The Cadbury report also spelled out Britains preference for an accounting system based on true and fair disclosure--telling investors what they need to know rather than merely meeting a legal checklist. However, the success of the Cadbury Report and other reports doesn’t mean that there weren’t any disadvantages because Corporate Governance is never going to be perfect. In January 15, a survey by Pensions Investment Research Consultants (PIRC) found that 5% of the top 10 companies do not fully comply with the Cadbury Code in key areas such as the composition of the audit committee, independence among the non-executive directors and the separation of powers between the chairman and chief executive. The Cadbury Code didn’t prevent the collapse of Barings in 15 and it can’t stop a boss from committing outright fraud. Cadbury himself admitted that his panel’s work “might not have stopped Maxwell from being Maxwell, but it would certainly have brought it to the public attention sooner.”
The introduction of the Cadbury Report in 1 was a step in making corporate governance better but it should have been introduced earlier, to try and prevent the scandals that happened. The way forward now for trying to make corporate governance even better is to say what the punishment is if one is found guilty of fraud, this point was not mentioned in the Cadbury Code but only stated that there would be serious consequences if one was found guilty. Any companies that do not fully comply with the Cadbury Code must be punished, e.g. 5% of the top 10 companies did not comply with the Cadbury Code those companies must be punished otherwise if no action is taken place then the rest of the companies might do the same. Also, more investigation should take place to try and reduce the chances of fraud happening, if so then harsher codes should be introduced. The Financial Times, June , 1 said that “The Committees’ recommendations are steps in the right direction. But if the government is to address the problems, which led to Maxwell, Polly Peck and other recent scandals, then new rules in a legal framework are required…Shareholders, investors and creditors will have been disappointed that just when the corporate failures of recent years cried out for bold and imaginative legal return, the body from which so much had been expected came up with a little, tinkering and a voluntary code”.
1. Cadbury Report 1
. Forbes Magazine 1
. Forbes Magazine 15
4. Hampel Report 18
5. Financial Times, May 8, 1
6. Financial Times 188
7. Report Of The Committee on the Financial Aspects of Corporate Governance, December 1
8. www.forbes.com
. Financial Times, June , 1
Mind that the sample papers like Corporate Governance 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!
Corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals_. The aim is to align, as nearly as possible, the interest of the individuals, corporations and society
Sir Adrian Cadbury 1
The UK’s economy depends on the drive and efficiency of its companies. The companies must be free to drive forward, but exercise that freedom of situating a system of effective accountability. This is the essence of any system of good ‘Corporate Governance’.
Corporate Governance is the system by which companies are directed and controlled. Board of Directors are responsible for the governance of their companies. The shareholders’ role in governance is to appoint governance structure is in place.
In 1, Sir Adrian and his committee introduced a report outlining the need for better corporate governance. This was the response to a number of scandals that occurred in the late 180s and early 10s that had people in doubt on the ways companies were run. This resulted in scandalous collapse of UK companies such as Pollypeck International PLC, Bank Of Credit and Commerce International (a.k.a BCCI) and Maxwell Communication Corporation. The reasons for these failures were due to weak governance systems, lax board oversight, and the authority of control in the hands of a single top executive. The Financial Times (May 8, 1) mentioned, “The downfall of powerful figures such as Asil Nadir or the late Robert Maxwell (who was accused of stealing £700 million from employee pension funds to support his failing publishing company, the Mirror Group), whose personal control over their companies raised fears about the concentration power”. However, collapse of UK companies was not the only reason on why there was a demand for better corporate governance, another reason is that in publicly-traded UK corporations, the positions of the ‘Chairman’ and ‘Chief Executive’ were held by one person which doesn’t enhance a broad oversight of the company. An example of this was printed in the Financial Times in 188 where it stated, “For 4 of the Fortune 500 companies and for 8 of the FTSE 500 companies, a single individual jointly held the positions of Chairman and CEO.” This was a concern to many companies after the downfall of some powerful figures (as mentioned earlier). In 11, the Conservative Government Of the United Kingdom met together to “address the financial aspects of corporate governance” (Report of The Committee on The Financial Aspects of Corporate Governance (Section 1.8), December 1). The Conservative Government depends on its country’s economy, the UK has a strong economy and in order to maintain this strength companies need to be more efficient. In May 11 The Cadbury Committee was appointed by the Conservative Government, a year later the Cadbury Report was introduced as a response to drive companies forward in being efficient, keeping The UK’s economy strong and to respond to the scandals that have occurred.
In December 1, the Cadbury Committee published the ‘Code Of Best Practice’, which was directed to all boards of directors of all listed companies registered in the UK. In the code, the committee recommended that boards of publicly-trade UK corporations include at least three outside directors (non-executive directors), the positions of the
chairman and chief executive must not be held by a single individual as they used to be in previous years. The chairmans role is to watch out for the interest of shareholders and prevent
the kind of mischief that brought down Maxwells empire and --hardly possible if the CEO and chairman are the same.
Prosser, a board member at GlaxoSmithKline and BP, says The opportunity to observe such subtleties as body language among executives is much easier when there are more board members present. The Cadbury Report sought to end the rubber-stamp board by making sure that the role of non-executive directors was no longer without care for the chairman’s friends. The key purpose was to limit the power of business leader such as Robert Maxwell who might press his board into disastrous situations. Since 1, directors in the UK have access to all top managers. This may sound of little value, but it can provide early warning signs. Prosser, a board member at GlaxoSmithKline and BP, says “The opportunity to observe such subtleties as body language among executives is much easier when there are more board members present.” The Cadbury report also spelled out Britains preference for an accounting system based on true and fair disclosure--telling investors what they need to know rather than merely meeting a legal checklist. However, the success of the Cadbury Report and other reports doesn’t mean that there weren’t any disadvantages because Corporate Governance is never going to be perfect. In January 15, a survey by Pensions Investment Research Consultants (PIRC) found that 5% of the top 10 companies do not fully comply with the Cadbury Code in key areas such as the composition of the audit committee, independence among the non-executive directors and the separation of powers between the chairman and chief executive. The Cadbury Code didn’t prevent the collapse of Barings in 15 and it can’t stop a boss from committing outright fraud. Cadbury himself admitted that his panel’s work “might not have stopped Maxwell from being Maxwell, but it would certainly have brought it to the public attention sooner.”
The introduction of the Cadbury Report in 1 was a step in making corporate governance better but it should have been introduced earlier, to try and prevent the scandals that happened. The way forward now for trying to make corporate governance even better is to say what the punishment is if one is found guilty of fraud, this point was not mentioned in the Cadbury Code but only stated that there would be serious consequences if one was found guilty. Any companies that do not fully comply with the Cadbury Code must be punished, e.g. 5% of the top 10 companies did not comply with the Cadbury Code those companies must be punished otherwise if no action is taken place then the rest of the companies might do the same. Also, more investigation should take place to try and reduce the chances of fraud happening, if so then harsher codes should be introduced. The Financial Times, June , 1 said that “The Committees’ recommendations are steps in the right direction. But if the government is to address the problems, which led to Maxwell, Polly Peck and other recent scandals, then new rules in a legal framework are required…Shareholders, investors and creditors will have been disappointed that just when the corporate failures of recent years cried out for bold and imaginative legal return, the body from which so much had been expected came up with a little, tinkering and a voluntary code”.
1. Cadbury Report 1
. Forbes Magazine 1
. Forbes Magazine 15
4. Hampel Report 18
5. Financial Times, May 8, 1
6. Financial Times 188
7. Report Of The Committee on the Financial Aspects of Corporate Governance, December 1
8. www.forbes.com
. Financial Times, June , 1
Mind that the sample papers like Corporate Governance 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!
Change Management and Leadership
We are ready to represent the best custom paper writing assistance that can cope with any task like Change Management and Leadership 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 Change Management and Leadership 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.
Executive Summary
A good leader realizes that things will change. Change is inevitable for a company’s growth. Without change a company cannot grow or compete with the competition. Affective change management is controlled by the success of its leader. A leader must consider options and alternatives that will benefit the company and it’s employees.
Introduction
Many companies deal with change by informing employees as the change occurs. While other companies do not provide information until the day of the change. There are positive as well as negative results from different styles of leadership when dealing with change in the workplace. A good leader possesses the skills to conform to their employees. Some good leadership styles to take into consideration include charismatic, instrumental, and missionary leadership. Although, all leadership styles depend on the situation and the employees that it will effect.
Discussion/Analysis
Impact of Change Management
As Gill Roger states, “[…] change must be well managed - it must be planned, organized, directed and controlled - it also requires effective leadership to introduce change successfully it is leadership that makes the difference.” Without a good leadership role in place, change will result in a bad outcome. Most change occurs from problems or opportunities that are presented to the CEO or higher management. Although leaders aren’t always the CEO, they can be the manager, or a spokesperson that has the ability to make changes that will benefit all that is involved. Although changes are not always surprising, a Leader needs to be ready for change at any time. As change occurs a leader needs to be capable of giving the employees direction and a goal to work toward. Management also needs to take the employee’s views into consideration when making decisions in regard to the change in the workplace. Employees are the key to a successful company.
Good Management Techniques
Companies publish their values or mission statements in an attempt to structure a specific culture. A company establishing the culture and values of the office is a way of keeping the company uniformed � everyone working toward the same goal. By teaching the values the company wants to emphasize, the company will grow in the way the leader wants it to.
Management and leaders also need to take the employee’s values into effect when promoting change. If a leader is aware of the resistance that may occur with an employee, they can adjust their own behavior to reflect positively. By communicating with employees and setting a reward or pay-based goal, employees will have something to work toward that will benefit them.
Leaders can also react appropriately to critical situations. Being able to act calm under sticky situations shows employees that there is someone in control.
Bad Management Techniques
A leader must be able to overcome resistance to change. As one commentary explains, “Change is not only desirable but inevitable if we are to thrive in our practices. That said, most human beings are uncomfortable with change. Our job as leaders and managers is to make change as comfortable and rewarding as possible” (Thomas, Dock). There will always be someone resistant to comply with changes in the workplace. A fear of not knowing or having little information about the change can be causes for stress among employees. By not taking the negative resistance into affect, the changes will not be made as efficiently and productively as possible, if at all. A leader must also be able to see their limitations and be able to communicate with their employees.
Ground Rules of Change Management and Good Leadership
Good leadership in the face of change management includes three functions charismatic, instrumental, and missionary leadership.
Charismatic leaders are able to set high expectations, show a strong vision in which to work for, and show co-workers the confidence to do the job and succeed. They inspire the people they work with by having empathy and confidence.
Instrumental leaders are the plan makers. This type of leader builds teams, creates structures, goals, standards, and responsibilities. It gives the team the idea of what they are working toward and how to get there. It facilitates the plan.
Missionary leaders take their vision and sell it to management on their team. They influence managers and other co-workers to lead the change in the workplace. The managers of their team then go out and spread the vision throughout the company to succeed at their vision.
Other Rules for Change
When confronted with change a leader or manager should focus on the results they plan to accomplish. Leaders can do this by giving incentive awards to the employees that are accomplishing these goals by using company procedure.
Leaders also need to overcome barriers. If a manager is not on board with the change that is taking place then it may be necessary to change out that manager for this specific plan. While doing so a positive message must be communicated to the team to keep up morale and ward off any negative resistance. Last, but not least, a leader must constantly monitor the progress of change. A leader needs to be able to view the possible roadblocks, and a plan to combat them before they get to overwhelming. This will ensure a positive outcome for all involved in the process of change.
The Lack of Change Management
Ten years ago, leaders and managers were doing things differently. A company’s success is based on the changes that are being made to ensure the company is up-to-date in all areas. If a company is unwilling to change, it will be left behind. A leader cannot expect to do the same things that they did five or ten years prior. Because something may have worked in the past, does not mean it will continue to work in the future. For example, this article on the lack of change in the economy and the way the country is ran in Arab nations explains the impact on society. “Standards of education and health services in the Arab countries are declining as a result of stagnant economic policies. Prevalent economic policies have caused unemployment to worsen and standards of living to drop” (00). If companies did not adjust to change, the world would not grow and in turn would affect the families and lives of us all. Imagine where we would be if no one tried to change the way cars ran, or airplanes flew.
Conclusion/Recommendations
The need for change in today’s workplace is a necessity. As Darrell Rigby stated, “Change is a necessity for most companies if they are to grow and prosper. However, a recent study found that 70% of change programs fail.” Without change a company cannot expect to grow and compete with other companies. Failure is imminent. Leaders must take many things into effect when preparing the company for change. Employees are the number one priority a leader must focus on when making changes. A goal would not be reached if not for the employees that work toward that goal.
References
Anonymous A Staff Reporter. (June 4, 00). Asia Africa Intelligence Wire. Arab countries lack desire to change. Financial Times Ltd. (From Gulf News). Retrieved on October 14, 00 from InfoTrac Onefile database.
Dock, Thomas F., Thomas, Michael R. (July 00). Veterinary services, Organizational behavior, Professional practice, Employee attitude. Cleveland, OH. Retrieved on October 14, 00 from ProQuest library database.
Rigby, Darrell. (00). Bain & Company. Change Management Programs. Retrieved on October 14, 00 from Yahoo Search Engine. http//www.bain.com/management_tools/tools_change.asp?groupCode=
Roger, Gill. (May 00). Journal of Change Management. Vol. Issue 4, p07, 1p. Retrieved on October 14, 00 from EBSCOhost Research Database.
Mind that the sample papers like Change Management and Leadership 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!
Executive Summary
A good leader realizes that things will change. Change is inevitable for a company’s growth. Without change a company cannot grow or compete with the competition. Affective change management is controlled by the success of its leader. A leader must consider options and alternatives that will benefit the company and it’s employees.
Introduction
Many companies deal with change by informing employees as the change occurs. While other companies do not provide information until the day of the change. There are positive as well as negative results from different styles of leadership when dealing with change in the workplace. A good leader possesses the skills to conform to their employees. Some good leadership styles to take into consideration include charismatic, instrumental, and missionary leadership. Although, all leadership styles depend on the situation and the employees that it will effect.
Discussion/Analysis
Impact of Change Management
As Gill Roger states, “[…] change must be well managed - it must be planned, organized, directed and controlled - it also requires effective leadership to introduce change successfully it is leadership that makes the difference.” Without a good leadership role in place, change will result in a bad outcome. Most change occurs from problems or opportunities that are presented to the CEO or higher management. Although leaders aren’t always the CEO, they can be the manager, or a spokesperson that has the ability to make changes that will benefit all that is involved. Although changes are not always surprising, a Leader needs to be ready for change at any time. As change occurs a leader needs to be capable of giving the employees direction and a goal to work toward. Management also needs to take the employee’s views into consideration when making decisions in regard to the change in the workplace. Employees are the key to a successful company.
Good Management Techniques
Companies publish their values or mission statements in an attempt to structure a specific culture. A company establishing the culture and values of the office is a way of keeping the company uniformed � everyone working toward the same goal. By teaching the values the company wants to emphasize, the company will grow in the way the leader wants it to.
Management and leaders also need to take the employee’s values into effect when promoting change. If a leader is aware of the resistance that may occur with an employee, they can adjust their own behavior to reflect positively. By communicating with employees and setting a reward or pay-based goal, employees will have something to work toward that will benefit them.
Leaders can also react appropriately to critical situations. Being able to act calm under sticky situations shows employees that there is someone in control.
Bad Management Techniques
A leader must be able to overcome resistance to change. As one commentary explains, “Change is not only desirable but inevitable if we are to thrive in our practices. That said, most human beings are uncomfortable with change. Our job as leaders and managers is to make change as comfortable and rewarding as possible” (Thomas, Dock). There will always be someone resistant to comply with changes in the workplace. A fear of not knowing or having little information about the change can be causes for stress among employees. By not taking the negative resistance into affect, the changes will not be made as efficiently and productively as possible, if at all. A leader must also be able to see their limitations and be able to communicate with their employees.
Ground Rules of Change Management and Good Leadership
Good leadership in the face of change management includes three functions charismatic, instrumental, and missionary leadership.
Charismatic leaders are able to set high expectations, show a strong vision in which to work for, and show co-workers the confidence to do the job and succeed. They inspire the people they work with by having empathy and confidence.
Instrumental leaders are the plan makers. This type of leader builds teams, creates structures, goals, standards, and responsibilities. It gives the team the idea of what they are working toward and how to get there. It facilitates the plan.
Missionary leaders take their vision and sell it to management on their team. They influence managers and other co-workers to lead the change in the workplace. The managers of their team then go out and spread the vision throughout the company to succeed at their vision.
Other Rules for Change
When confronted with change a leader or manager should focus on the results they plan to accomplish. Leaders can do this by giving incentive awards to the employees that are accomplishing these goals by using company procedure.
Leaders also need to overcome barriers. If a manager is not on board with the change that is taking place then it may be necessary to change out that manager for this specific plan. While doing so a positive message must be communicated to the team to keep up morale and ward off any negative resistance. Last, but not least, a leader must constantly monitor the progress of change. A leader needs to be able to view the possible roadblocks, and a plan to combat them before they get to overwhelming. This will ensure a positive outcome for all involved in the process of change.
The Lack of Change Management
Ten years ago, leaders and managers were doing things differently. A company’s success is based on the changes that are being made to ensure the company is up-to-date in all areas. If a company is unwilling to change, it will be left behind. A leader cannot expect to do the same things that they did five or ten years prior. Because something may have worked in the past, does not mean it will continue to work in the future. For example, this article on the lack of change in the economy and the way the country is ran in Arab nations explains the impact on society. “Standards of education and health services in the Arab countries are declining as a result of stagnant economic policies. Prevalent economic policies have caused unemployment to worsen and standards of living to drop” (00). If companies did not adjust to change, the world would not grow and in turn would affect the families and lives of us all. Imagine where we would be if no one tried to change the way cars ran, or airplanes flew.
Conclusion/Recommendations
The need for change in today’s workplace is a necessity. As Darrell Rigby stated, “Change is a necessity for most companies if they are to grow and prosper. However, a recent study found that 70% of change programs fail.” Without change a company cannot expect to grow and compete with other companies. Failure is imminent. Leaders must take many things into effect when preparing the company for change. Employees are the number one priority a leader must focus on when making changes. A goal would not be reached if not for the employees that work toward that goal.
References
Anonymous A Staff Reporter. (June 4, 00). Asia Africa Intelligence Wire. Arab countries lack desire to change. Financial Times Ltd. (From Gulf News). Retrieved on October 14, 00 from InfoTrac Onefile database.
Dock, Thomas F., Thomas, Michael R. (July 00). Veterinary services, Organizational behavior, Professional practice, Employee attitude. Cleveland, OH. Retrieved on October 14, 00 from ProQuest library database.
Rigby, Darrell. (00). Bain & Company. Change Management Programs. Retrieved on October 14, 00 from Yahoo Search Engine. http//www.bain.com/management_tools/tools_change.asp?groupCode=
Roger, Gill. (May 00). Journal of Change Management. Vol. Issue 4, p07, 1p. Retrieved on October 14, 00 from EBSCOhost Research Database.
Mind that the sample papers like Change Management and Leadership 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!
Le Corbusier
We are ready to represent the best custom paper writing assistance that can cope with any task like Le Corbusier 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 Le Corbusier 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.
Le Corbusiers Five Points Of A New Architecture
This is the most famous application of Le Corbusiers five points of a new architecture. All five points are clearly present in this house pilotis, a roof garden, a free floor plan, ribbon windows, and a free façade. The first impression you get when approaching the house is of a horizontal white box placed on pilotis, set off against the natural surroundings. The plan of the building is square, one of the ideal shapes which the architects so admired. Within this strict geometry, dynamic curved forms are added, like the staircase and the solarium on the roof. The curved ground floor contains the entrance, servants quarters, and garages. The ramp leading to the first floor is the very spine of the plan. The private rooms behind the ribbon windows on the first floor stand around the roof terrace, which is accessible through sliding doors. The final sloop of the ramp leads to the roof with a solarium screened by curved walls. Le Corbusiers Five Points Of A New Architecture
This is the most famous application of Le Corbusiers five points of a new architecture. All five points are clearly present in this house pilotis, a roof garden, a free floor plan, ribbon windows, and a free façade. The first impression you get when approaching the house is of a horizontal white box placed on pilotis, set off against the natural surroundings. The plan of the building is square, one of the ideal shapes which the architects so admired. Within this strict geometry, dynamic curved forms are added, like the staircase and the solarium on the roof. The curved ground floor contains the entrance, servants quarters, and garages. The ramp leading to the first floor is the very spine of the plan. The private rooms behind the ribbon windows on the first floor stand around the roof terrace, which is accessible through sliding doors. The final sloop of the ramp leads to the roof with a solarium screened by curved walls.
Word Count 161
Word Count 161
Mind that the sample papers like Le Corbusier 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!
Le Corbusiers Five Points Of A New Architecture
This is the most famous application of Le Corbusiers five points of a new architecture. All five points are clearly present in this house pilotis, a roof garden, a free floor plan, ribbon windows, and a free façade. The first impression you get when approaching the house is of a horizontal white box placed on pilotis, set off against the natural surroundings. The plan of the building is square, one of the ideal shapes which the architects so admired. Within this strict geometry, dynamic curved forms are added, like the staircase and the solarium on the roof. The curved ground floor contains the entrance, servants quarters, and garages. The ramp leading to the first floor is the very spine of the plan. The private rooms behind the ribbon windows on the first floor stand around the roof terrace, which is accessible through sliding doors. The final sloop of the ramp leads to the roof with a solarium screened by curved walls. Le Corbusiers Five Points Of A New Architecture
This is the most famous application of Le Corbusiers five points of a new architecture. All five points are clearly present in this house pilotis, a roof garden, a free floor plan, ribbon windows, and a free façade. The first impression you get when approaching the house is of a horizontal white box placed on pilotis, set off against the natural surroundings. The plan of the building is square, one of the ideal shapes which the architects so admired. Within this strict geometry, dynamic curved forms are added, like the staircase and the solarium on the roof. The curved ground floor contains the entrance, servants quarters, and garages. The ramp leading to the first floor is the very spine of the plan. The private rooms behind the ribbon windows on the first floor stand around the roof terrace, which is accessible through sliding doors. The final sloop of the ramp leads to the roof with a solarium screened by curved walls.
Word Count 161
Word Count 161
Mind that the sample papers like Le Corbusier 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!
Trade Secret Law
We are ready to represent the best custom paper writing assistance that can cope with any task like Trade Secret Law 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 Trade Secret Law 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.
Trade Secrets
Trade Secrets fall into the category of law know as Intellectual Properties, which includes areas such as patents, copyrights, and trademark law. Intellectual Property rights can be traced back to the early pioneers founding our nation, Article 1, Section 8, Clause 8 of the US Constitution states that Congress shall have the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. This cultivation of exploration and invention for personal gain, ultimately lead to capitalism. Trade secrets cases date as far back as sixteenth century England with the first case in the United States taking place in Massachusetts in 1868 (Silver 1).
Trade secrets can be defined as; a secret formula, pattern, process, program, device, method, technique, or compilation of information that is used in its owners business and affords that owner a competitive advantage. State law protects trade secrets, they must involve information that is not generally known and is not readily ascertainable through proper means. The owner of the information also must take reasonable measures to protect its secrecy (Mallor 17). To determine whether a trade secret exists, a variety of factors must be examined. Four sources are particularly important in review trade secret law, what the factors should be considered, and how they should be applied the Restatement (First) of Torts, the Uniform Trade Secrets Act, the Restatement (Third) of Unfair Competition and the Economic Espionage Act of 16.
The most widely quoted definition of a trade secret, prior to the adoption of the Uniform Trade Secrets Act (UTSA), was that of the Restatement (First) of Torts
A trade secret may consist of any formula, pattern, device or compilation of information which is used in ones business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.... Generally, it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations within the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers or a method of bookkeeping or other office management. This definition was adopted by a number of states and has been applied in both state and federal cases. Under the Restatement (First) of Torts, §757, comment b, the criteria for determining whether a trade secret exists are
• The extent to which the information is known outside of the business;
• The extent to which it is known by employees and others involved in the
business;
• The extent of measures taken to guard the secrecy of the information;
• The value of the information to the business and to competitors;
• The amount of effort or money expended in developing the information;
• The ease or difficulty with which the information could be properly
acquired or duplicated by others.
The Uniform Trade Secrets Act (UTSA) defines a trade secret as Information, including a formula, pattern, compilation, program, device, method, technique, or process, that (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and () is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The vast majority of states have adopted the UTSA.
The Restatement (Third) of Unfair Competition defines a trade secret as A trade secret is any information that can be used in the operation of a business or other enterprise that is sufficiently valuable and secret to afford an actual or potential economic advantage over others. The definition is intended to be consistent with the UTSA and goes on to note that a trade secret may, “consist of a formula, pattern, compilation of data, computer program, device, method, technique, process, or other form or embodiment of economically valuable information. A trade secret may relate to technical matters such as the composition or design of a product, a method of manufacture, or the know-how necessary to perform a particular operation or service. A trade secret may also relate to other aspects of business operations such as pricing and marketing techniques or the identity or requirements of customers.
In addition to these the Economic Espionage Act of 16 (EEA) was enacted. This act brought the ability to focus criminal penalties and federal prosecution on violators where the previous acts brought mainly common law coverage (Ingersoll 1). This type of protection had previously only been available to patents. The definition of trade secrets used in the EEA follows closely to both the UTSA and the Restatement (First) of Torts. The EEA describes trade secrets as, “information that, (1) belongs to the general class of information that bears “Trade Secret” characteristics; () is guarded through “reasonable measures” designed to keep the information secret; and () derives independent economic value through not being known or readily ascertainable through proper means by others.”
The secrecy requirement of trade secrets is stressed in all of the previous statements. The trade secret owner is under a duty to take reasonable steps to preserve the secrecy of the trade secret (Ingersoll 1). If the owner of a trade secret is found to have inadequately protected the secret, protection under the law can be denied. The property then would be deemed forfeited by the original owner. According to the trade secret basics section of FindLaw.com, one precaution that can be taken to protect trade secrets is the use of employee non-disclosure or confidentiality agreements. By requiring employees to sign nondisclosure agreements, restricting visitor access to sales and administrative areas, keeping customer information in locked files, and distributing customer information on a need-to-know basis companies can usually be sufficient in meeting the reasonable precaution test. The duty to take reasonable steps to preserve the secrecy of the trade secret varies with the circumstances of each item, and simply having each employee sign confidentiality agreements may not be adequate to preserve trade secret protection if the other precautions taken are insufficient (Friscolanti).
Although the courts continually caution that the circumstances of each case will vary, several basic requirements for protecting trade secrets exists that can reduce the risk associated
• Reasonable precautions against industrial espionage;
• Marking plans and documents confidential;
• Use of confidentiality legends, warnings and agreements;
• Restricting visitors and similar types of plant security;
• Locking up or otherwise securing sensitive information;
• Taking technical precautions, such as dividing the system into steps
handled by different individuals or departments;
• Copy protection and embedded codes to trace copies; and
• Employee exit interviews.
Trade secret protection, however, is not lost if the secret is discovered through improper means. The UTSA defines improper means as theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means” (Sinrod). The Restatement (Third) of Unfair Competition simply requires that the information be secret. The comments state Only secrecy sufficient to confer an actual or potential economic advantage upon one who possesses the information. Thus, the requirement of secrecy is satisfied if it would be difficult or costly for others who could exploit the information to acquire it without resort to the wrongful conduct proscribed under. The general rule is that an employer should make sure that its confidential information is accessible only to those with a need to know it (Friscolanti).
The growth in global Business has put an increased pressure for a global policy on trade secrets but to date there are no comprehensive international treaties that focus directly on the subject. The North American Free Trade Agreement (NAFTA) and the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) both contain specifics related directly to trade secret protection, but provide only brief attention to the topic. The risks associated with doing business globally will increase the need to have a standardized process for handling trade secret issues and disputes in a fair and timely manner across the new frontiers of business (Magri 1).
The primary risks involved in trade secret protection include policy interests � the balancing of interests of employees, employers, competitors and society. Trade secret laws all encompassing goal focuses on commercial ethics and fair dealings, while providing businesses an incentive to grow (Glahn ). Other risks to trade secret law include the misappropriation by memory noting that memorized trade secrets are protectable. It may be difficult to distinguish between protectable trade secrets and non-protectable knowledge and the skills of the former employee. In addition when using trade secrets you lose the increased safety and structure of the patent and copyright registration and disclosure process. Secondly, you would miss the other intellectual property protections, that the registration process provides proof of your ownership of the material as of the registration date. The main legal course of action in the majority of trade secret cases is establishing the date of creation, who developed it first, which can be difficult to prove if detailed records are not kept (Glahn).
Textron Inc. the owner Cessna Aircraft Company, my current employer, has a large amount of trade secret data that changes hands daily. They have compiled an Intellectual Properties, Management Process Guide to help align all of the companies under their ownership. The guide has many factors relevant to trade secrets, it parallels the topics being discussed and funnels them into a functional process to make both managers and employees aware of the risks associated with trade secrets and the actions needed to prevent the unapproved release of information.
Textron’s Process Guide contains
· Trade secret protection and procurement strategy. The preservation of confidential technology as a trade secret as an alternative to the protection through patents.
· Definition of a trade secret. Trade secrets can be technical information (e.g., business information (e.g., business plans, customer lists, and other customer or commercial information) generated in the course of Textron’s business, which are maintained in secrecy and from which Textron receives economic value because it is not generally known in the industry. Provided that Textron uses reasonable efforts to keep such information secret or confidential. Whereas patent protection is finite in term, properly handled trade secrets can provide protection indefinitely.
· Recent Trends
· Importance of confidentiality. Valuable intellectual property rights can be forfeited by failing to adhere to adequate standards of confidentially with respect to commercial products and processes developed and/or used by Textron.
· Limited Disclosure. Textron’s trade secrets and confidential information should be disclosed to employees only on a “need to know” basis.
· Contract Employees.
· Publications. Reviews of all data and information being released publicly.
· Consult with Textron Counsel Prior to Disclosure.
· Protection of Information Supplied by Third Parties. Textron’s policy is to protect that information by taking similar steps in respect to Textron’s confidential information.
· Compliance With Export Controls. The transmission of data from one country to another may require compliance with applicable export laws.
Lastly, Textron strongly advises, “trade secret protection requires tangible efforts. If for any reason it is not realistic to expect that the necessary protective steps will be taken, then trade secret protection should not be considered as an alternative to patenting.
Although there are no guarantees that trade secrets wont be revealed in the daily course of business, there are steps that employers and individuals can take to make it less likely to happen. Having communications policies in place will make employees aware not only of the potential dangers that are present when dealing with trade secrets but also how to identify potential secrets, develop proper communication methods, and become knowledgeable in the processes required to keep secrets safe in today’s business environment.
Work Cited
Economic Espionage Act of 16. NACIC.gov. http//www.nacic.gov/pubs/eea_6.htm.
Friscolanti, Michael. Trade Secrets Policy Framework and Best Practices. WIPO.org.
http//www.wipo.org/sme/en/documents/wipo_ magazine/05_00.pdf. Feb. , 00.
Glahn, Wilbur A. and Shilling, Cameron G. The Cutting Edge of Trade Secrets. FindLaw.com.
http//articles.corporate.findlaw.com/articles/file/0016/008541
Magri, Karen A. International aspects of Trade secret Law. FindLaw.com. http//www
.myersbigel.com/ts_articles/trade_secret.htm
Mallor, Jane P., Barnes, James A., Bowers, Thomas., Phillips, Michael J., Langvardt, Arlen W.
Business Law and Regulatory Environment Concept and Cases. New York McGraw-Hill, 001.
Schwab, Arthur J. Federal Protection of Trade Secrets Understanding the Economic Espionage
Act of 16. FindLaw.com.http//articles.corporate.findlaw.com/articles/file/
00/00741/title/subject/topic/Intellectual%0Property%0Law_Trade%0Secrets/filename/intellectualpropertylaw_1_8
Silver, Judith. What is Intellectual Property? Trade Secret Law. FindLaw.com. http//
Library.lp.findlaw.com/articles/file/008/008856/title/subject/topic/Intellectual%0Property%0Law_Trade%0secrets/filename/intellectualpropertylaw_1_8.
Sinrod, Eric J. E-Legal Electronic Monitoring of Employees by Employers. Law.com.
http//pirate.shu.edu/~jenninju/AIL/Privacy/ElectronicMonitoringByEmployers.htm . 001.
Trade Secret Basics. FindLaw.com. http//bizfindlaw.com/intellectual_property/nolo/faq/
0781CA8-0ECE-4E8-BFEF7A6DA580.html.
Uniform Trade Secrets Act (UTSA). http//ccsun57.cc.ntu.edu.tw/r661110/laws/tradelaw-
Us-utsa.htm.
Mind that the sample papers like Trade Secret Law 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!
Trade Secrets
Trade Secrets fall into the category of law know as Intellectual Properties, which includes areas such as patents, copyrights, and trademark law. Intellectual Property rights can be traced back to the early pioneers founding our nation, Article 1, Section 8, Clause 8 of the US Constitution states that Congress shall have the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. This cultivation of exploration and invention for personal gain, ultimately lead to capitalism. Trade secrets cases date as far back as sixteenth century England with the first case in the United States taking place in Massachusetts in 1868 (Silver 1).
Trade secrets can be defined as; a secret formula, pattern, process, program, device, method, technique, or compilation of information that is used in its owners business and affords that owner a competitive advantage. State law protects trade secrets, they must involve information that is not generally known and is not readily ascertainable through proper means. The owner of the information also must take reasonable measures to protect its secrecy (Mallor 17). To determine whether a trade secret exists, a variety of factors must be examined. Four sources are particularly important in review trade secret law, what the factors should be considered, and how they should be applied the Restatement (First) of Torts, the Uniform Trade Secrets Act, the Restatement (Third) of Unfair Competition and the Economic Espionage Act of 16.
The most widely quoted definition of a trade secret, prior to the adoption of the Uniform Trade Secrets Act (UTSA), was that of the Restatement (First) of Torts
A trade secret may consist of any formula, pattern, device or compilation of information which is used in ones business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.... Generally, it relates to the production of goods, as, for example, a machine or formula for the production of an article. It may, however, relate to the sale of goods or to other operations within the business, such as a code for determining discounts, rebates or other concessions in a price list or catalogue, or a list of specialized customers or a method of bookkeeping or other office management. This definition was adopted by a number of states and has been applied in both state and federal cases. Under the Restatement (First) of Torts, §757, comment b, the criteria for determining whether a trade secret exists are
• The extent to which the information is known outside of the business;
• The extent to which it is known by employees and others involved in the
business;
• The extent of measures taken to guard the secrecy of the information;
• The value of the information to the business and to competitors;
• The amount of effort or money expended in developing the information;
• The ease or difficulty with which the information could be properly
acquired or duplicated by others.
The Uniform Trade Secrets Act (UTSA) defines a trade secret as Information, including a formula, pattern, compilation, program, device, method, technique, or process, that (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and () is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The vast majority of states have adopted the UTSA.
The Restatement (Third) of Unfair Competition defines a trade secret as A trade secret is any information that can be used in the operation of a business or other enterprise that is sufficiently valuable and secret to afford an actual or potential economic advantage over others. The definition is intended to be consistent with the UTSA and goes on to note that a trade secret may, “consist of a formula, pattern, compilation of data, computer program, device, method, technique, process, or other form or embodiment of economically valuable information. A trade secret may relate to technical matters such as the composition or design of a product, a method of manufacture, or the know-how necessary to perform a particular operation or service. A trade secret may also relate to other aspects of business operations such as pricing and marketing techniques or the identity or requirements of customers.
In addition to these the Economic Espionage Act of 16 (EEA) was enacted. This act brought the ability to focus criminal penalties and federal prosecution on violators where the previous acts brought mainly common law coverage (Ingersoll 1). This type of protection had previously only been available to patents. The definition of trade secrets used in the EEA follows closely to both the UTSA and the Restatement (First) of Torts. The EEA describes trade secrets as, “information that, (1) belongs to the general class of information that bears “Trade Secret” characteristics; () is guarded through “reasonable measures” designed to keep the information secret; and () derives independent economic value through not being known or readily ascertainable through proper means by others.”
The secrecy requirement of trade secrets is stressed in all of the previous statements. The trade secret owner is under a duty to take reasonable steps to preserve the secrecy of the trade secret (Ingersoll 1). If the owner of a trade secret is found to have inadequately protected the secret, protection under the law can be denied. The property then would be deemed forfeited by the original owner. According to the trade secret basics section of FindLaw.com, one precaution that can be taken to protect trade secrets is the use of employee non-disclosure or confidentiality agreements. By requiring employees to sign nondisclosure agreements, restricting visitor access to sales and administrative areas, keeping customer information in locked files, and distributing customer information on a need-to-know basis companies can usually be sufficient in meeting the reasonable precaution test. The duty to take reasonable steps to preserve the secrecy of the trade secret varies with the circumstances of each item, and simply having each employee sign confidentiality agreements may not be adequate to preserve trade secret protection if the other precautions taken are insufficient (Friscolanti).
Although the courts continually caution that the circumstances of each case will vary, several basic requirements for protecting trade secrets exists that can reduce the risk associated
• Reasonable precautions against industrial espionage;
• Marking plans and documents confidential;
• Use of confidentiality legends, warnings and agreements;
• Restricting visitors and similar types of plant security;
• Locking up or otherwise securing sensitive information;
• Taking technical precautions, such as dividing the system into steps
handled by different individuals or departments;
• Copy protection and embedded codes to trace copies; and
• Employee exit interviews.
Trade secret protection, however, is not lost if the secret is discovered through improper means. The UTSA defines improper means as theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means” (Sinrod). The Restatement (Third) of Unfair Competition simply requires that the information be secret. The comments state Only secrecy sufficient to confer an actual or potential economic advantage upon one who possesses the information. Thus, the requirement of secrecy is satisfied if it would be difficult or costly for others who could exploit the information to acquire it without resort to the wrongful conduct proscribed under. The general rule is that an employer should make sure that its confidential information is accessible only to those with a need to know it (Friscolanti).
The growth in global Business has put an increased pressure for a global policy on trade secrets but to date there are no comprehensive international treaties that focus directly on the subject. The North American Free Trade Agreement (NAFTA) and the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) both contain specifics related directly to trade secret protection, but provide only brief attention to the topic. The risks associated with doing business globally will increase the need to have a standardized process for handling trade secret issues and disputes in a fair and timely manner across the new frontiers of business (Magri 1).
The primary risks involved in trade secret protection include policy interests � the balancing of interests of employees, employers, competitors and society. Trade secret laws all encompassing goal focuses on commercial ethics and fair dealings, while providing businesses an incentive to grow (Glahn ). Other risks to trade secret law include the misappropriation by memory noting that memorized trade secrets are protectable. It may be difficult to distinguish between protectable trade secrets and non-protectable knowledge and the skills of the former employee. In addition when using trade secrets you lose the increased safety and structure of the patent and copyright registration and disclosure process. Secondly, you would miss the other intellectual property protections, that the registration process provides proof of your ownership of the material as of the registration date. The main legal course of action in the majority of trade secret cases is establishing the date of creation, who developed it first, which can be difficult to prove if detailed records are not kept (Glahn).
Textron Inc. the owner Cessna Aircraft Company, my current employer, has a large amount of trade secret data that changes hands daily. They have compiled an Intellectual Properties, Management Process Guide to help align all of the companies under their ownership. The guide has many factors relevant to trade secrets, it parallels the topics being discussed and funnels them into a functional process to make both managers and employees aware of the risks associated with trade secrets and the actions needed to prevent the unapproved release of information.
Textron’s Process Guide contains
· Trade secret protection and procurement strategy. The preservation of confidential technology as a trade secret as an alternative to the protection through patents.
· Definition of a trade secret. Trade secrets can be technical information (e.g., business information (e.g., business plans, customer lists, and other customer or commercial information) generated in the course of Textron’s business, which are maintained in secrecy and from which Textron receives economic value because it is not generally known in the industry. Provided that Textron uses reasonable efforts to keep such information secret or confidential. Whereas patent protection is finite in term, properly handled trade secrets can provide protection indefinitely.
· Recent Trends
· Importance of confidentiality. Valuable intellectual property rights can be forfeited by failing to adhere to adequate standards of confidentially with respect to commercial products and processes developed and/or used by Textron.
· Limited Disclosure. Textron’s trade secrets and confidential information should be disclosed to employees only on a “need to know” basis.
· Contract Employees.
· Publications. Reviews of all data and information being released publicly.
· Consult with Textron Counsel Prior to Disclosure.
· Protection of Information Supplied by Third Parties. Textron’s policy is to protect that information by taking similar steps in respect to Textron’s confidential information.
· Compliance With Export Controls. The transmission of data from one country to another may require compliance with applicable export laws.
Lastly, Textron strongly advises, “trade secret protection requires tangible efforts. If for any reason it is not realistic to expect that the necessary protective steps will be taken, then trade secret protection should not be considered as an alternative to patenting.
Although there are no guarantees that trade secrets wont be revealed in the daily course of business, there are steps that employers and individuals can take to make it less likely to happen. Having communications policies in place will make employees aware not only of the potential dangers that are present when dealing with trade secrets but also how to identify potential secrets, develop proper communication methods, and become knowledgeable in the processes required to keep secrets safe in today’s business environment.
Work Cited
Economic Espionage Act of 16. NACIC.gov. http//www.nacic.gov/pubs/eea_6.htm.
Friscolanti, Michael. Trade Secrets Policy Framework and Best Practices. WIPO.org.
http//www.wipo.org/sme/en/documents/wipo_ magazine/05_00.pdf. Feb. , 00.
Glahn, Wilbur A. and Shilling, Cameron G. The Cutting Edge of Trade Secrets. FindLaw.com.
http//articles.corporate.findlaw.com/articles/file/0016/008541
Magri, Karen A. International aspects of Trade secret Law. FindLaw.com. http//www
.myersbigel.com/ts_articles/trade_secret.htm
Mallor, Jane P., Barnes, James A., Bowers, Thomas., Phillips, Michael J., Langvardt, Arlen W.
Business Law and Regulatory Environment Concept and Cases. New York McGraw-Hill, 001.
Schwab, Arthur J. Federal Protection of Trade Secrets Understanding the Economic Espionage
Act of 16. FindLaw.com.http//articles.corporate.findlaw.com/articles/file/
00/00741/title/subject/topic/Intellectual%0Property%0Law_Trade%0Secrets/filename/intellectualpropertylaw_1_8
Silver, Judith. What is Intellectual Property? Trade Secret Law. FindLaw.com. http//
Library.lp.findlaw.com/articles/file/008/008856/title/subject/topic/Intellectual%0Property%0Law_Trade%0secrets/filename/intellectualpropertylaw_1_8.
Sinrod, Eric J. E-Legal Electronic Monitoring of Employees by Employers. Law.com.
http//pirate.shu.edu/~jenninju/AIL/Privacy/ElectronicMonitoringByEmployers.htm . 001.
Trade Secret Basics. FindLaw.com. http//bizfindlaw.com/intellectual_property/nolo/faq/
0781CA8-0ECE-4E8-BFEF7A6DA580.html.
Uniform Trade Secrets Act (UTSA). http//ccsun57.cc.ntu.edu.tw/r661110/laws/tradelaw-
Us-utsa.htm.
Mind that the sample papers like Trade Secret Law 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!
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