Mergers, Leadership and Compliance Guide for Managers
1. Running head: MERGERS, LEADERSHIP, AND COMPLIANCES 1
Mergers, Leadership and Compliances
Ip3- Instructor- Jeoffrey Jenkins
Dawn M Gibson
Colorado Technical University
2. MERGERS, LEADERSHIP, COMPLIANCES 2
Abstract
This paper will talk about mergers, leadership and some compliance. This will discuss about two
make believe human resource management and discuss what they should do. Merging is not so
cut as dry as people think. It takes time, planning and teamwork. There are at time needs for
Whistleblowers, which can be for the benefit of the company or for the ruin of a company.
However, it is up to the companies to protect themselves from insider trading as well as keeping
their companies as honest as possible. There are several acts to protect a company as well as
those who turn in information that bears illegal actions. The reason why these laws occur is that
companies have been known to make millions based on illegal activities that can hurt the
economy, other businesses, and consumers. These laws are hoped to keep thing on a level field.
One area they should really look into is insurances and those who refuse insurances, companies
who only hire part-time to by-pass their responsibilities to their workers. This is the huge issue
right now in 2015.
3. MERGERS, LEADERSHIP, COMPLIANCES 3
Mergers, Leadership and Compliances
The strength and weaknesses of managers
Sharon’s strengths are that she likes to see things done quickly; they trust her for her
opinions as they seem to approach her. She has her Bachelor’s degree, so she is trained. She has
17 years with the company. However, her weakness is that she feels no need to plan ahead, she
feels planning ahead is a waste of time. This is a huge weakness because if she does not have
plans, things can go wrong fast. It is always good to have at least a plan. I feel she may need
more education and/ or training. I don’t think she would make the stronger Manager if I had to
choose between the two.
Marcia has her Masters; she has 20 years of experience and has been with
PALEDENIM only three of those years. She plans ahead; works with her team is trusted by
many as well and stands up when she needs to make a point. This shows she is strong as a
manager. She is trusted by her boss to do things without having to be watched or told every little
step which makes it easier. The weak areas are that, I wonder how much communication there is
between management. Is there a lack of communication because things are expected to be done
or do they meet on regular basis? I also would question cuts to prevent cost. How is this done
and how does it affect the workers.
Approaching the two managers
I would approach each manager as professional and explain like above. I would ask each
one what they would do to improve each area. Communication is very important for all involved.
There are time limits and deadlines yes, but make sure these are reasonable. Schedules and plans
are VERY important and back up plans do not hurt either. It doesn’t have to take time, most is
4. MERGERS, LEADERSHIP, COMPLIANCES 4
common sense. I would suggest that they would work well with each other and complement each
other’s strong and weak points. I would also suggest if they merged and were eliminating jobs
that Marcia takes the lead and Sharon will follow. Neither place has a whistle blower policy,
which could lead to valuable company leaks, inside trading and other information that could be
devastating should another company find their trades. However, these are linen companies, the
only real effects are their designs and customers lists. They both need to learn about the FTC,
and other laws of security as well as labor laws. These are especially true for illegal immigrants
and children under a certain age. This would help the company stay out of troubled areas if the
human resources managers knew what the proper laws were. Protecting the company from law
suits.
Marcia seems like the stronger leader who would enforce the laws and compliances, but does
she know anything about them? Marcia and Sharon may be in management but this does not
mean they have all the information that they need for the company. They need to look at the laws
and compliances so that they know what they are and how to use them for the company as well
as for the workers (Board, 2015).
According to the Whistleblower Center, (2015) there are several act that have been made.
Here they are:
Securities Act of 1933- gave the right for investors to receive financial and
other important documents of issues relating to securities being offered to the
public. This was meant to keep honesty in and deceit out.
Security exchange Act of 1934- made corporate reporting when making over
$10 mil. This would include:
1. Proxy Solicitations
5. MERGERS, LEADERSHIP, COMPLIANCES 5
2. Tender offers (under the table)
3. Insider Trading
4. Registration of Exchanges
5. Associations and more
Trust Indenture Act - 1939
Investment Company Act -1940
Investment Advisors Act- 1940
Sarbanes-Oxley Act - 2002
Dodd-Frank Wall Street Reform and Consumer Protection Act-2010
Jumpstart Our Business Startup Act- 2012 (Whistleblower Center, 2015)
The Whistleblower Policy Act is State and Federal wide. This act was to protect employees
who would report of illegal wrong doings within a company or business. They would report
illegals acts; they have the option of doing so internally or externally. They also have the False
Claim Act or the Lincoln Law for false claims as billions are “stolen” from the government each
year due to fraud (SEC.Gov., 2013) Marcia and Sharon also needs to learn about the premerger
act called the Hart- Scott-Rodino Act, which looks at premergers and helps to see where
improvements or mistakes may need to be changed. There is also a Horizontal Merger
Guidelines that can help them with the framework of the merging. They also need to learn about
the Clayton Act (sec. 7) which prohibits a potential monopoly when merging companies, like Ma
Bell (FTC, 2015).
In conclusion, if Marcia and Sharon are open to new ideas and work well with each other
they are already off to a good start. It is hoped that their moral values will aid in making good
decisions and not fall into corruption due to temptations some may offer. This will be only as
6. MERGERS, LEADERSHIP, COMPLIANCES 6
good as their moral values for all involved and they must remember they have to live with their
choices. It is hoped should they need more help they will seek and not hesitate to ask for
anything they need to make this mergers transaction as smooth as possible with hopes to keep all
employees on and eventually adding more. It is important that all realize that every position is
very important as each individual represents a company. The better people are treated the more
loyal they become, as well as customers, the more successful the businesses will become. For
where in satisfaction for all involved will make for a happy and successful merger.
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References:
Board, E. (2015). Leadership and ethical decision making. (1st Ed.) [VitalSource Bookshelf
version].
Retrieved from http://legacy.vitalsource.com/books/9781938390708/epubcfi/6/2
FTC. (2015) Federal trading Commissions: Protecting America’s Consumers.
Mergers.Federal Trading Commissions. 600 Pennsylvania Avenue, NW. Washington,
DC. 20580. Retrieved from https://www.ftc.gov/tips-advice/competition-guidance/guide-
antitrust-laws/mergers
SEC.Gov. (2013) The laws that Govern the Security Industry. Retrieved from
http://www.sec.gov/about/laws.shtml
Whistleblower Center. (2015). Whistleblower Policy. Retrieved from
http://www.whistleblowercenter.com/whistleblowers/whistleblower-policy