My school’s textbook: a brief introduction to law in Canada (second edition)
Here’s the link to the (Nova Scotia Barristers’ Society) – Code of Professional Conduct:
https://nsbs.org/legal-profession/code-of-professional-conduct/
Please write a paper specifically on the UK Corporate Governance Code (UKCGC) – 2018 edition attached, analyzing and evaluating the current UK Code of Corporate Governance and its effectiveness.
You may wish to focus on a particular element or elements of the UKCGC – such as the comply or explain principle or stakeholder engagement. Addressing, albeit briefly, the Code’s origins and development since 1992 would also be a valid part of the research.
Please keep the focus of the writing on the UKCGC, save for strictly necessary (and if so, very minimal) comparative analysis – the paper should solely focus on the Code and its effectiveness.
The Extra Tenant
When Myra’s boyfriend, Byron, unexpectedly lost his roommate and could no longer afford to live in his apartment, he moved in with Myra. Myra’s lease did not allow anyone who was not on the lease to occupy the premises. The landlord was not on the premises, so Myra was not worried about it being discovered. Myra’s neighbor on the left, Tyra, is really incensed about Byron moving in with Myra. Tyra’s best friend is Myra’s neighbor on the right, Preston. When the same thing happened to Preston’s girlfriend, Preston did not let her live with him because of the lease prohibition. Tyra is thinking seriously about whether to tell the landlord that Myra has an unauthorized person living with her. Discuss the ethics of Myra’s actions and whether Tyra should tell. “It’s none of her business” is not an option. Discuss Myra’s situation as an ethical issue. Who are the stakeholders? Think hard. What do they stand to lose by Myra’s situation? What do they stand to gain? Is it a form of stealing? Is there a public policy at play? Does it have monetary implications? For whom? Think broadly.
The Security Breach: To Tell or Not To Tell?
You are the Head of Security for your multimillion-dollar corporation. Recently, you have been restoring your computer system because of a serious breach that occurred over a period of several weeks before it was detected by your computer analysts. You estimate that the financial loss associated with this attack is $27,148,000. This cost is based on tangible losses such as lost productivity, network downtime, and the expense of getting rid of the virus that infected the network. You’ve been called into a meeting with the Board of Directors and the CEO to determine whether the company should go public with the breach. The discussion centers on how this information will be used by customers and competitors, ie, the intangible costs. What will the media do with this information? What will be the impact on your reputation? Will your customers lose confidence in your ability to protect their private information? Will this result in a negative impact on your bottom line?
Consider all the stakeholders in this scenario. What is the primary consideration here? Other than what is being considered at the board meeting, are there other things that should be considered? What is the ethically right thing to do?
1. Brotherhood Shipping Co. v. St. Paul Fire &
Marine Insurance Co.
2. Warran v. United States (Personal Injury)
3.Northeast Marine Terminal Co. v. Caputo
(LHWCA)
Useful sites: caselaw.findlaw.com;
law.cornell.edu; supreme.justia.com
Last year, eHarbour signed a contract with the United States Olympic Committee and US Sailing, the National Governing Body for the sport of sailing, to sponsor the US Sailing team in the upcoming Olympics. The marketing team hoped that sponsoring sailing at the Olympics would be good publicity to promote eHarbour software. Unfortunately, the venue for the Olympic Games had to be moved to a country that is now known for multiple human rights violations, including treatment of women and certain ethnic groups. There is now a lot of bad publicity with the upcoming Olympics. There have been articles appearing in newspapers and magazines demanding that corporate sponsors pull out from the upcoming Olympics. Some members of Congress have called for sponsors to withdraw sponsorship of the Olympics. Discuss whether eHarbour can withdraw sponsorship from the Olympics without violating its existing contract with the United States Olympic Committee and US Sailing. What defenses could eHarbour assert in a breach of contract case? What are the consequences if eHarbour decides not to withdraw its sponsorship? What recommendation would you give?
After completing this module, students should be able to:
Compare and contrast the disputants, advocates, and constituents in a conflict
Outline the major steps to take to handle an interpersonal conflict
Assess the value of negotiations and the strategies used
Compare and contract facilitative and evaluative mediation
Explain how disputants’ rights are protected in the mediation process
Identify the steps in the arbitration process and briefly describe each step
Describe the strengths and weaknesses of nonbinding evaluation processes
Required Readings:
Craver, C. B., Garvey, J. B. (2021). Skills & Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration, 2nd Edition. Carolina Academic Press: ISBN 9781531022921
Chapter 2
When People are the Means: Negotiating with Respect, 14 Geo. J. Legal Ethics 739 pdf
Module Summary Notes:
Negotiation is not limited to the ADR process but is a crucial component of it. Therefore, a substantial portion of this book is devoted to helping you understand the science and skills that should be considered when negotiating.
Everyone negotiates, even though they are often not aware of it. Babies negotiate by crying. They agree to quit crying if you give them what they want. Teenagers negotiate curfews — “I’ll be home by midnight and I’ll fill the tank and clean the car if I can drive to the concert.” College students negotiate roommate disputes — “I’ll agree to tutor you in Spanish if you’ll agree to have the party in our room on a night after my Chemistry midterm exam.
Effective negotiators have to appreciate the impact of psychological and sociological concepts, the importance of verbal and nonverbal communication, and the application of economic game theory. They have to appreciate the structured nature of bargaining interactions, to enable them to know what they should be trying to accomplish during each separate stage of the process. They need to understand the different negotiating techniques, both to enable them to decide which tactics they should employ in particular circumstances and to recognize and effectively counter-act the techniques being employed against them.
ASSIGNMENT:
Respond to the following questions or prompts such that the responses are
· Thorough
· Accurate
· Strongly connected to the course content of the week
· Enhanced through the incorporation of at least TWO credible sources other than your textbook and are cited properly in APA format
· No less than three typed pages in total. (APA title and reference pages do not count in your page total)
· Well-written, using proper grammar and punctuation
1. What is negotiation, and what critical skills are needed to become an excellent negotiator?
2. Explain the psychological and sociological concepts that impact negotiation.
3. Explain and evaluate (strengths, weaknesses, appropriateness…) of at least two different negotiation techniques.
4. Assume you are representing the investors in Apple Records and they wish for you to reach out to John Lennon and Paul McCartney in an effort to get them to amicably agree to meet and discuss the financial issues taking place at Apple Records.
Based on the John Lennon letter that appears in Week 2. Lennon McCartney Letter pdf, create a one-page letter mutually addressed to John Lennon and Paul McCartney where you attempt to negotiate a meeting between the two of them with you likewise being present.
