Internal Code: MAS6371
The Shire is a pharmaceutical company with domicile headquarters in Dublin, Ireland. The senior management all operate from the United States, in Lexington in the state of Massachusetts. The company has operations in a further 40 countries and maintains a suite of brands including Vyvanse, Replagal, and Fosrenol among others (Shire n.d.). Primarily these brands are in ‘rare disease’ segment of the pharmaceutical sector. The Shire has a workforce of some 22,000 employees and growing. In the Australian context, the operations are very small and perform sales, marketing, logistics, market compliance and government relations functions. The Shire utilize their small workforces to drive achieve their strategic goals. This means the businesses must have strong management, administration, compliance, sales, marketing and product development teams to ensure their interests are promoted.
You are a newly hired junior associate in an accounting and professional services firm that provides business advice to its clients. Your supervising partner has allocated you a new file to test your knowledge and skills. The partner instructs you to attend a meeting with the clients and then provide him with a report containing advice on the best way forward.
You subsequently arrange and attend a meeting with the new clients, Mr. and Mrs. Smith, in which they tell you the following information:
At the end of the meeting, Mr and Mrs Smith raise the following matters about which they seek your advice:
When Mr and Mrs Smith leave the conference you return to your office and begin preparing a memorandum for the partner.
In your memorandum to the partner you should address the following issues:
In preparing your memorandum make sure to provide reasons for your advice and recommendations, including reference to relevant laws (statutes and cases). You do not have to consider tax advice as part of the memorandum (as tax advice is not part of this course).
Probably the biggest mistake students make in doing assignments is that they don’t study as they would for an exam. Instead, they start by reading the assignment and then try to look up only the parts of the unit that look like they are relevant to the assignment. The trouble is, you cannot say what the relevant parts of the unit are without studying the unit first. In real life you need to understand all the concepts so that you can identify the relevant issues when a client approaches you. So the best preparation for the assignment is simply to study the course properly.
Understanding the modules preceding the assignment due date will be sufficient, but you can go beyond that if you wish. You will need a good conceptual understanding of the legal principles before you will be able to determine the appropriate business structure for your client. You will also need a good conceptual understanding to decide what to research and, more importantly, what NOT to research. And you will need a good conceptual understanding to report to your supervising partner.
Clearly, you need to start work on your assignment early. This is not the sort of assignment that you can do within a day or so of the due date.
Written Report to Supervising Partner
The report to the supervising partner must contain three things:
1. The law relevant to the clients’ circumstances. They are making a decision about what business structure to adopt for their business, which may be very different from someone else’s business. You have to work out what is likely to be relevant to them, with regards to the given information. You should also make it clear why it is relevant.
2. Reasoning that weighs up the realistic options open to the client. Not all business structures will make sense for your client, but it is likely that at least one structure with unlimited liability and one limited liability structure will be relevant. The decision of which one to adopt depends on comparing the legal characteristics of each so that you and the client can weigh up.
3. A recommendation and an explanation of why you chose that recommendation. This should flow logically from the weighing up process in 2 above.
Your supervising partner is assumed to be an experienced professional, who probably knows the law you are reporting, although he/she may not know the detail and may not remember case names and section numbers, which you will have to provide in a Reference List. You can, therefore, speak in technical terms to the partner. The purpose of reporting to your partner is not to teach him/her the law they already know, but to convince them that you have done your research properly and that you have weighed up the alternatives sensibly and come to a sensible recommendation.
The report to the supervising partner should contain the three things listed above. You should also provide a reference list. You can assume that the supervising partner has read the record of the interview with the client, so you will only need to refer to the facts when using them in your reasoning.
Internal Code: MAS6392
The global car industry is one of the largest and most internationalized business sectors. There are 17 major global car companies, each of which produces over 1 million cars a year. The Hyundai Motor Company (Hyundai) is South Korea’s number one car maker and the 10th largest in the world. It sells vehicles in over 190 countries producing about a dozen car and minivan models, plus trucks, buses and other commercial vehicles. Popular exported models in the United States are the Accent and Sonata, while exports to Europe and Asia include the GRT and Equus. During the global recession in 2008, while most car companies suffered steep sales declines, Hyundai managed to earn
US$1.3 billion – putting it among the best performers in the global car industry.
1. What are the roles of comparative and competitive advantages in Hyundai’s success? Illustrate your answers by providing specific examples of natural and acquired advantages that Hyundai employs to succeed in the global car industry.
2. In terms of factor proportions theory, what abundant factors does Hyundai leverage in its worldwide operations? Provide examples and explain how Hyundai exemplifies the theory.
3. Discuss Hyundai and its position in the global car industry in terms of Porter’s Diamond model. What is the role of firm strategy, structure and rivalry, factor conditions, demand conditions and related and supporting industries to Hyundai’s international success?
4. How did the Korean government intervene and what was the motive behind such intervention? Also, explain the implications of such intervention for Hyundai.
It is January 2018 and you are a constitutional lawyer in Sydney, who is often asked to advise the Australian Government. You are looking forward to a summer of cricket, relaxation and leaving the demanding practice of constitutional law behind you. Late on the Friday afternoon before you leave for your holidays, however, your telephone rings and you are asked to meet in Canberra, urgently, with the newly appointed Minister for National Security, Senator Max Caesar of Western Australia. Senator Caesar administers the National Security Department which was created by the recent Budget. The Department has been criticised by the media as underfunded, redundant, and pointless, given other existing government departments and agencies. Nonetheless, you go to Canberra and meet with Senator Caesar at Parliament House. Senator Caesar informs you that he is concerned that a large number of House members and Senators are sitting in the Parliament in violation of section 44 of the Constitution. He thinks that a new agency is needed to examine all candidates for the Parliament and assess their backgrounds and loyalty to Australia.
1) Requires every candidate for the Parliament to swear or affirm the following the declaration, I am a loyal Australian who to serve only the interests of Australia and that I will preserve the Constitution and resist all attempts to undermine it", on pain of perjury if later found to be disloyal by the Agency;
2) Requires that all Suppliers; sole trader, partnership, association or corporation, that sells, procures, designs, builds, repairs or deals in any way with or in goods and services supplied to the Australian Government must become registered Suppliers
3) Requires that all monies collected by the Levy and proceeds of any assets forfeited are to be paid into the National Security Protection Fund . The Minister may direct the Department to use the Fund monies for any purpose set out in the Act, including the making of business development grants to agile, disruptive and innovative, start-up Suppliers, that are based in Broome, Port Hedland, Jervis Bay, Canberra, Cairns, Townsville, and Darwin
Industrial success has always been dependent on logistics management. However, today’s customer has increasing expectations with regard to the choice and delivery of goods and services. These customers increasingly demand higher quality and lower prices, whilst they are spoilt for choice. To deal with this apparent trade-off international retailers have adopted different approaches to the management of their operations and supply chains. You will examine the impact of the supply chain drivers (facilities, transportation, inventory, and information) on the management of the supply chain and the implementation of the organizational strategy of a company or SME of your choice;
1) The logistics and supply chain practices of this company, including international and global considerations.
2) Inventory holding and replenishment police, related to logistics and international business constraints.
3) Transport Mode strategy including national and international distribution requirements. This discussion needs to consider business strategy and markets.