Comparing Clyde And Fresno

Improved Essays
Clyde and Fresno would not have much success in their lawsuit against the board of directors for taking the company in a new direction. The Board of Directors presented their plan to the shareholders and allowed them to vote. Most of the shareholders believed in the new plan that’s why presented an “overwhelming majority vote”. Under the business judgement rule, courts won’t hear a suit against the Board of Directors (Brown & Sukys, 2013). In order for Clyde and Fresno to get the court to hear a suit against the Board of Directors regarding the new plan is that they would have to prove the Board of Directors engaged in fraud, illegal activities, or was negligent when taking the company in a new direction (Izzi, n.d.)
If I was in the same position

Related Documents

  • Superior Essays

    In 1892, corporations and business’ were booming due to recent transitions into an industrial society. The transcontinental railroad was allowing nationwide interaction and corporations were ascending. With the ideology of laissez-faire and social Darwinism, the government was not intervening with any inequalities of the time. Business’ were taking complete advantage and workers suffered severely long work days with little profit. Besides few, farmers were struggling due to high tariffs, crop prices dropping, and money shortages.…

    • 1131 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    The general rule says, company has approved or endorsed an act or contract that has been done or made except prior authorization. (PRBL Week 5 2015) As Karen and Jones were two legal directors so they were legal authority by law to take decisions. They thought it would be a good expansion opportunity for Delish and took the loan.…

    • 1890 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    WildEarth Guardians have been very outspoken in opposition to the predator management plan even going so far as to sue CPW for what they believe is a violation of amendment 14 of Colorado constitution (Wilcox 2017). WildEarth Guardians have stated too that if CPW really wanted to help boost Mule deer numbers they should have stopped the 15,000 new oil and gas developments in Mule deer territory (Finley 2016). The WildEarth Guardians have also been concerned that Wildlife Services, a group within the USDA that will be brought in to handle the trapping and other removal of predators, won’t treat the animals ethically (Wilcox 2017). They’ve stated that what they really want is for CPW to not disregard their citizens’ desires and to treat the local…

    • 236 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…

    • 1474 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The restoration of the San Joaquin river may flop harder than the salmon that will die along with it. In Bill McEwen’s article, from the Fresno Bee, “River Plan too Fishy for my Taste Buds”, he explains why the San Joaquin river should not be restored. Bill McEwen used to be a journalist at the Fresno Bee for thirty-five years until he retired and became a local district representative under Jim Costa. The Fresno Bee, where McEwen’s article was published, is located in Fresno, California. Its readers are typical Californians who live in Fresno, a city that was founded 1872 by the Central Pacific Railroad Company.…

    • 798 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The United States Supreme Court’s decision appears to impact boards that meet three conditions 1) the board actively regulates either an industry or a profession, 2) a majority of the board members are active market participations in the industry or profession the board is regulating, and 3) the board is not actively supervised by the state. Based upon guidance from the Federal Trade Commission, thirteen Kansas boards appear to meet all three of these requirements and thus may be at risk to antitrust lawsuits. You can find a list of these boards in Table 1 of this memorandum, but they feature prominent boards such as the Kansas Boards of Healing Arts and the State Banking…

    • 612 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In early September, Twenty-First Century Fox settled with past host of a news show on Fox New, Gretchen Carlson, for sexual harassment. She was awarded twenty million dollars for her being a victim of long time CEO Roger Ailes. Roger Ailes was eventually fired from running the Fox News company. In her lawsuit, Carlson said her contract wasn 't renewed after she “refused to sleep” with Ailes and reported "severe and pervasive sexual harassment” at her workplace. (Yu, 2016)…

    • 1214 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Mike Jr

    • 1120 Words
    • 5 Pages

    Introduction/Key Issues: The Costas family had developed a successful business founded by Mike Sr. and his wife Maureen. They both dedicated much time and effort so that they would be able to provide a good lifestyle for their family. Maureen was the company’s official bookkeeper and thanks to her frugal business decisions the company was able to grow. But when the second generation got introduced and started to work on the company neither Maureen or Mike Sr. had developed an effective succession plan that involved their 2 sons, Mike Jr. and Robert, and her daughter, Vanessa. Mike Jr. was his father’s pride; Mike Sr. saw his own resemblance when he looked at his son.…

    • 1120 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Buffalo Creek Disaster Rough Draft The buffalo creek disaster is one of the worst coal mining incidents in the history of the united states. The Book Buffalo Creek disaster written by Gerald Stern is an expose on the wrongdoings of the NewYork based Pittston company but also a summation of the events leading to the 13.5-million-dollar settlement awarded to the victims. The book also serves the purpose of a basic depiction of how the court systems in America work. Gerald Stern served as a champion for the victims of the flood.…

    • 1129 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Another weakness is that the family members are the largest shareholders, meaning they have the largest effect in the decision making process. In the voting ratio 87% of the voting power goes to the family (stated in the interview) meaning they hold the most influence of the major decisions, which in some cases the family can vote something while having different…

    • 830 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Fiduciary Duty Essay

    • 1368 Words
    • 6 Pages

    Fiduciary duty refers to a legal obligation to act purely in the interests of another party. The party that owes the duty is known as the fiduciary, while the party to whom the duty is owed is known as the principal. The fiduciary is not allowed to benefit from this relationship unless the principal expressly consents to it. In addition, the fiduciary should not have any conflict of interest with the principal. Furthermore, in cases where the fiduciary has several principals, the fiduciary should make sure that is there is no conflict of interest between the principals (Cassidy, 2006, pp. 219).…

    • 1368 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    One of their main responsibility is to hire and manage the CEO. They only hired a potential CEO but did not follow through with management. They were not able to guide the CEO or control his actions. In this case the Board of Directors may not have compensated the CEO fairly leading to this sort of corruption. The board of directors is also responsible for creating a mission and vision statement and to also adhere to the statements to ensure correct progression.…

    • 1042 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Image 3: Reference Bullet no. 19 Aggressive profit targets were set and fraudulent accounting methods were extensively misused to keep the books balanced. The audit committee failed to function with sufficient independence and at the outbreak of the news of this inappropriate accounting scandal all the honchos resigned. It seems Toshiba’s move to adopt American Style corporate governance culture based on modified “Hybrid” board Committee system and build an effective independent Corporate Governance body via leveraging the “Best of both worlds” failed miserably.…

    • 903 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This case involves a consumer goods manufacturer by the name Rainbarrel Products. According to the text, the company is struggling to adapt to a market characterized by reduced consumption of products after a ten-year period of boom. The organization’s Chief Executive Officer Keith Randall decides to hire a professional to get things under control. Thus, Hiram Phillips is considered and takes up the mantle as the Chief Finance and Administration Officer. Within no time, Hiram introduces a lot of changes to achieve what he considers good for the company.…

    • 813 Words
    • 4 Pages
    Improved Essays
  • Brilliant Essays

    LEADERSHIP & MANAGEMENT FAILURE CASE STUDY: BLACKBERRY SAMUKELO ZUMA 10.10.2015 Table of Contents SUMMARY 3 INTRODUCTION 3 FAILURES 4 CONCLUSION 6 REFERENCES 7 SUMMARY BlackBerry was launched in 1999 in Ontario Canada, and became a global leader in mobile communications. It operates in various countries in North America, Europe, Asia Pacific and Latin America, and is listed on the Toronto Stock Exchange and the NASDAQ. The company was once a leader amongst the smartphone industry, but with strategic and leadership failures and mistakes, BlackBerry lost its competitive advantage to competitors such as Apple and Android .…

    • 1185 Words
    • 5 Pages
    Brilliant Essays