FACT SUMMARY Green was a real estate developer who was president and part-owner of a Synvest Real Estate Trust (Synvest). Synvest’s practice was to hold undeveloped property in its own name while it arranged construction financing, then transfer the property to a newly-created entity once the funds had been secured and development could begin. In the course of this business, Synvest came to own certain properties which it prepared for construction and conveyed to a new entity known as River Walk Development (Riverwalk I). In 2002, Ebenezer United Methodist Church (EUMC) purchased a 50 percent interest in Riverwalk I for $250,000, and construction commenced soon afterwards. At some point in time before EUMC completed its investment in Riverwalk I, it learned that Synvest had come to own a new 32-acre parcel now at the center of this dispute and six additional lots in the same county as Riverwalk I. In 2003, Synvest formed River Walk Development Phase Two, (Riverwalk II), which purchased the 32-acre parcel later that month. In 2004, Green caused Riverwalk I, Riverwalk II, and page 505a third entity to enter into a line of credit agreement for $2.1 million for the three entities, collectively. Riverwalk I developed and sold several units and conveyed the proceeds to EUMC. Eventually Synvest repurchased EUMC’s interest, which yielded EUMC a profit of $30,000 on its $250,000 investment. Only after this business had concluded did EUMC learn of the line-of-credit agreement that had encumbered the Riverwalk I assets. EUMC filed suit against Green, Synvest, and Riverwalk II, alleging that they violated the corporate opportunity doctrine by failing to disclose the additional real estate transaction involving a new, 32-acre parcel, transferring it secretly to Riverwalk II, a new entity solely owned by Green. EUMC claimed that it should share in any profits of Riverwalk II. The trial court ruled in favor of Green/Riverwalk II and EUMC appealed.
SYNOPSIS OF DECISION AND OPINION The Maryland Court of Special Appeals upheld the trial court’s judgment in favor of Green/Riverwalk II. While the court acknowledged that Green owed fiduciary duties to Riverwalk I and the other members, including the duty not to exclude principals from corporate opportunities, the court used the reasonable expectations test to determine if the corporate opportunity was usurped. It held that a reasonable expectation or interest in a corporate opportunity requires something more than mere proximity of geography, management, or finance.
WORDS OF THE COURT: Reasonable Expectations Test “This test focuses on whether the corporation could realistically expect to seize and develop the opportunity. If so, the director or officer may not appropriate it and thereby frustrate the corporate purpose. If the opportunity is a corporate one, then the director or officer to whom it is presented or who becomes aware of it must first present it to the corporation, before pursuing it himself. Only if the corporation rejects the opportunity may a director or officer exploit it for his own benefit. . . . [P]rojects related by management are not automatic mutual corporate opportunities. Joint financial risk is simply too common to give rise to any particularized interest or expectancy.”
Case Questions
1. Why did EUMC believe that it was entitled to become a partner in Riverwalk II?
2. EUMC reaped a substantial profit from its Riverwalk I investment. Should that be a factor in the court’s analysis? Why or why not?
3. Focus on Critical Thinking: What other fiduciary duties may Green have breached given these facts? Explain. Could Green assert the business judgment rule as a defense?
Premium Writing
Discuss the idea(s) developed by the text creator in your chosen text about the role emotional courage plays when an individual experiences separation.
Discuss the idea(s) developed by the text creator in your chosen text about the role emotional courage plays when an individual experiences separation.
Impacts of Science and Technology on Society
Do you think that science is the only way to discover truth? Provide reasons for your answer, while engaging the ideas/concepts articulated by at least one of the thinkers we have looked at in Unit 1 and/or Unit 2.
***Please use provided links belowto answer question:
https://www.thenewatlantis.com/publications/the-folly-of-scientism
https://www.scientificamerican.com/article/what-is-pseudoscience/?page=1
https://www.scientificamerican.com/article/a-plan-to-defend-against-the-war-on-science/
Clinical Implications for Successfully Prescribing Psychotropic Medications
The goal of this assignment is for you to develop expertise in the entire process of producing and utilizing psychotropic medication.
Develop a scholarly APA-style paper that demonstrates an understanding of the entire process of development, production (including drug design and delivery methods), application and diversity-dependent influences that are essential for successful prescribing. Students will select a psychotropic medication (my chosen psychotropic medication is Valium/Diazepam). The student will describe all aspects of the medication, starting with research & development, FDA classification, mechanism of action, pharmacodynamics and kinetics, examples of other drugs in its class and types of antagonists, and FDA approval, including post-market surveillance findings, especially any warnings.
Students will identify all gender, age, ethnic and pharmacogenomic factors that influence how this medication would be prescribed. Students will demonstrate an understanding of these factors by providing a case example from: 1) your own practice (after redacting personal information appropriately), (2) the peer-reviewed published literature, or (3) your imagination (as long as it is realistic).
Delegation
Below are some common delegation issues with examples. Give your own examples of over-delegation, under-delegation, and refusal to accept a legitimate delegation, and explain what you would do in each case.
Over-delegation. (Would you pass my medications for me and sign off my orders? I’m really busy).
Under-delegation. (I’ll do it myself. The nursing assistant argues with me when I ask her to do something/I always have to do it over).
Refusal to accept assignment of legitimate delegation. (I don’t know how to do that very well/I have too much work already/It’s always me that gets the work; ask someone else/I’m too busy/I won’t be able to do a very good job, but if that’s what you want…)
Module Course Learning Objectives (CLO)
After completing this module, students will be able to:
Describe principles of effective delegation.
Identify differences in delegation related to patient acuity and scope of practice.
Overview
Delegation of professional nursing tasks to others can be a very complicated duty. Some nurses avoid it by underdelegating, some might overdelegate, and others do not understand the definition of delegation. This week we will examine these concepts, as well as what is meant by accountability, authority, and responsibility. We will also begin to explore how to deal with conflicts and problems that can arise in the workplace.
Learning Materials
Weiss, S. A. & Tappen, R. M. (2015). Essentials of nursing leadership and management (6th ed.). F.A. Davis Company. Read chapters 7 and 8
Complete Marketing Plan
This assignment is for a Complete Marketing Plan. Please find the attached instructions. Also attached are the previous assignments (Modules 3, 4, & 5) on marketing plan to be used as contained in the instruction. Each Module is followed by the instructor’s comments at the bottom as a guide towards the Module 6 assignment (Complete Marketing Plan).
This assignment has no length requirement, so had to select 3pages.
Please let me know if you need further clarifications.
Acquisitions, Mergers and Downsizing
Analyze what the differences are between a merger, an acquisition and a downsizing.
Summarize why a company selects one option over the other. Assess the role of technology and innovation in your analysis.
Paper Requirements
Length: 1000 word maximum
APA Format
African American movement (harriet tubman)
You will be researching and writing a short research paper for this class. I call it a research project because there are multiple small parts. You will need to choose a topic (someone or some movement in Early American History that is outside the traditional narrative), you will need to find primary and scholarly secondary sources, submit a paper outline, and submit your paper.
You paper should be 3-5 pages double spaced with 1 inch margins. We will use MLA or Chicago style citations and works cited page. Proper college level spelling and grammar is expected.
I will attach my outline for this paper and annotated bibolgraphy so you know the sources and what I wrote before.
Mapractice and negligence
Choose one of the lawsuit examples featured on pp. 274–282 of the Buppert course text. (I’ve attached the pages in the book).
Give a brief summary of the scenario and identify which of the four malpractice elements were present, must be present, and why. (I’ve attached 2 pages the elements of malpractice as well)
Offer strategies on how to avoid these constructs in your advanced practices. (From an advance practice’s nurse point support it with reference)
Finally, comment on the medical malpractice trends of Nurse Practitioners (see the article linked in this week’s readings) as it relates to these malpractice examples. What would a reasonable NP have done, in your opinion?
This is a discussion. No introduction or ending paragraph will be needed.
This is the Malpractice trends of NP article
https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:1530a308-b7ba-474d-aaf2-eff1ebbc949b#pageNum=1
This is the book that the pages came from if you can cite them
Buppert, C. (2018). Nurse practitioner’s business practice & legal guide. (6th ed.). Jones and Bartlett
Synergistic activation of transcription by CBP and p53
NO COVER LETTER
FULL 2 PAGES OR 2.5 PAGES
The critique should be typed in maximum of three-pages. The first page should be a title page as specified in the lecture. The following two pages should be double-spaced with new time roman font size 12 and MLS formatting. The critique must include following points:
1. Introduction: Briefly introduce the topic that is being investigated.
2. Objective of the Study: What is(are) the purpose(s) of this study. In other words what key question(s) the author(s) asked in this study to address what was previously unknown or inconclusive about the subject.
3. Background Observations: What are key observations/findings by other authors referenced/discussed in this article on this subject?
4. Key observations: What are the key findings/results author(s) reported in this article?.
5. Techniques were employed: What techniques/Materials and Methods/Experimental design were employed to test author’s hypothesis/ seek answers to their key questions?
6. How did this work help in advancing our present understanding of the subject with regard tothe previous findings.
7. What is the conclusion/inferences in this article? (Do not copy as is from the article)
8. Give your own perspective and critical analysis – are the data convincing? What other experiments would you have done and why? Speculate how the outcome may be different.