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10/30/2018 Raiding Customer Assets at MF Global - Markkula
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Who Was Responsible?
James O'Toole
The Commodity Futures Trading Commission recently filed a
complaint against Jon Corzine,
CEO of MF Global, charging him with directing one of his mid-
level managers, Edith O'Brien,
to transfer millions of dollars of customer assets to cover a bank
overdraft that threatened to
sink the firm. If he did so, the former head of Goldman Sachs,
U.S. Senator, and governor of
New Jersey broke the law. However, Corzine's lawyer claims
his client is not guilty as
charged because "it never dawned on" him that when he, the
boss, approached his
subordinate with a subtle request to "find" $175 million that
that call would cause her to
"violate the golden rule" of protecting customer assets.
Corzine faced a dilemma: his bold efforts to transform MF
Global—"a plain vanilla
commodities firm"—into a full-blown investment bank a la
Goldman, would collapse if it
didn't quickly deal with overdrawn accounts at JPMorgan
Chase, the firm's principle bank,
which was threatening to stop doing business with MF Global.
Moreover, Corzine's lawyer
says that Corzine "never directed Ms. O'Brien or anyone else
regarding which account
should be used to cure the overdrafts, and he never directed that
customer funds should be
used for that purpose. Nor was he informed that customer funds
had been used for that
purpose."
O'Brien, a life-long middle manager, does not dispute the fact
that Corzine never explicitly
ordered her to take the funds from customer accounts. She
seems to admit that she knew
what she was doing was wrong, but she had no choice because
customer accounts were
"the only place where we had the $175 million" needed to cover
the overdraft. MF Global
has subsequently declared bankruptcy.
Questions:
Did Corzine act appropriately? How would you characterize his
behavior legally, ethically,
and managerially? What other choices did he have?
Did Ms. O'Brien behave appropriately? Realistically, what other
choices did she have?
Should the actions of either Corzine or O'Brien (or both or
neither) be considered criminally
negligent? Unethical? Bad judgment? Other?
What role should (or might have) the firm's Ethics and
Compliance Officer played in this
drama?
James O'Toole is senior fellow in business ethics at the
Markkula Center for Applied Ethics.
Oct 5, 2015
Ethics in the News
When employees
tested positive for
syphilis, Theranos
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device was flawed
Markkula Center for
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ethics code is
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10/30/2018 Raiding Customer Assets at MF Global - Markkula
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Targeting a Broken Heart - Internet
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1 comment • a year ago
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1 comment • a year ago
Milo Imrie — This is crap. Sure some of
those things are legitimate concerns, but
the main question should be "can we
Reflections on School Shootings
1 comment • 8 months ago
JFSEB — To some degree, students of
virtually all schools operate on practically
the same code of silence as “prison rules.”
Showing Up: Why our Bodies Matter in
Protest
1 comment • 7 months ago
Robin Rhein Hurwitz — Good point. I
worry that our bodies aren’t ‘counted’ as
much as our signs. Voting remains key.
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10/30/2018 Google's Handling of the Echo Chamber Manifesto -
Markkula Center for Applied Ethics
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Google's Handling of the Echo Chamber Manifesto
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Case study exploring gender in a Silicon Valley
company
Sara Tangdall
Background
In recent years, Google has been under
major scrutiny for gender discrimination,
and the Department of Labor is
investigating Google for a potential gender
pay gap. Also, Silicon Valley has been
exposed as a community that repeatedly
discriminates against women and other
minorities, and research shows that the
gender disparity in tech jobs is pervasive
and widespread. As a result, Google has
made a major push to create a more
diverse and inclusive work culture.
In August of 2017, Google fired a male software engineer,
James Damore, after he internally
posted a memo that relied on inaccurate gender stereotypes to
criticize Google’s
implementation of its diversity and inclusion initiative. The
memo was leaked to the press,
which lead to a public outcry and exacerbated an already tense
time for gender diversity in
Silicon Valley.
Around the same time as Damore’s firing, a white supremacist
protest that turned violent in
Charlottesville, Virginia, heightened an already tense
conversation about the complexities of
free speech in America. The overall conflicting views on free
speech are split down
ideological lines: Conservatives say they aren’t free to express
their views because liberals
will accuse them of being politically incorrect, while liberals
believe that in an effort towards
being more inclusive, people should avoid using language that
is potentially offensive to
marginalized communities.
The Memo
Damore says he was trying to point out that sometimes
conservative viewpoints aren’t
welcome at Google because of its liberal “echo chamber.” The
memo also says that Google
discriminates against certain employees and offers development
opportunities “only for
people with a certain gender or race,” and that Google has
lowered the bar by hiring diverse
candidates. Damore believes that in order to have a truly
diverse culture, Google needs to
create a safe space for more conservative views.
Damore’s memo also states that one of the central reasons there
are fewer women than
men in tech is women are biologically different from men.
Damore then references
scientifically unfounded gender stereotypes to support this line
of reasoning. Some of the
stereotypes he uses include: women are more neurotic than
men; women are less capable
of handling stress; and women are better at relationships than
men because men are better
at “things.”
Google CEO Sundar Pichai (AP Photo/Manu
Fernandez, File)
Ethics in the News
In search of a more
ethical Silicon Valley
Don Heider, Executive
Director of the Markkula
Center for Applied Ethics,
featured in the Silicon
Valley Business Journal.
When employees
tested positive for
syphilis, Theranos
whistleblower knew
device was flawed
Markkula Center for
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ethics code is
aspirational, informal
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10/30/2018 Google's Handling of the Echo Chamber Manifesto -
Markkula Center for Applied Ethics
https://www.scu.edu/ethics/focus-areas/business-
ethics/resources/googles-handling-of-the-echo-chamber-
manifesto/ 2/4
The Response
After the memo was leaked, many criticized the contents,
calling Damore and his memo
“anti-diversity,” with Google employees and some of the
general public saying they were
offended by its contents. Critics said Damore’s memo is
exactly the type of discrimination
that keeps women out of the tech industry, and some female
Google employees expressed
discomfort at having to work with Damore.
The day after the memo was leaked, Google’s VP of Diversity
and Inclusion, Danielle Brown,
issued a statement criticizing the discriminatory content of the
memo, saying it did not align
with Google’s dedication to creating a truly diverse workforce.
Three days after the public
release of the memo, Damore confirmed Google had fired him.
Sundar Pichai, Google’s CEO, released a statement explaining
the decision to fire Damore.
Pichai’s statement points out that some of Damore’s criticisms
of Google’s attempts at
creating a truly diverse culture are valid, but the memo violated
parts of the company’s code
of conduct “by advancing harmful gender stereotypes in our
workplace.” Pichai also writes,
“To suggest a group of our colleagues have traits that make
them less biologically suited to
that work is offensive and not OK.”
Those who disagree with the firing say it confirms Damore’s
main argument: that Google
does have a liberal echo chamber; Google is intolerant to
conservative views; and that its
diversity efforts have actually backfired and stifled diversity.
Others who disagree point to
Damore’s right to free speech. However, there is some legal
ambiguity in this case because
companies have the legal right to fire an employee who makes
statements that could create
a hostile working environment for other employees in a
protected class (gender, age, sexual
orientation, etc.), particularly in an at-will state like California,
where Google is
headquartered. But, in California, an employee cannot be fired
for their political views,
complicating the legal aspects of this situation even further.
Damore sought out legal
counsel after Google fired him, and he is currently deciding
whether or not to sue for
wrongful termination.
Those who believe Google made the right decision by firing
Damore point out that the
company has made a very public commitment to creating a
diverse and inclusive culture,
and to have an openly discriminatory employee breaks that
commitment. Keeping Damore
around could also negatively impact morale among employees,
create a hostile working
environment, and lead to a backslide in culture. Additionally,
Google has a peer review
process, whereby employees review one another’s performance.
These reviews directly
influence potential raises, bonuses, and promotions, so
Damore’s critics question whether
he could be trusted to give fair reviews when he has openly
discriminated against his female
colleagues in the memo.
Discussion Questions
1. Legally, Google’s firing of Damore may or may not be
problematic, but is Google’s
firing of Damore ethical?
2. Would you have made the same decision if you were Pichai?
3. Is it ethical for an organization to fire someone who
expresses beliefs that don’t align
with the overall culture?
4. Do efforts towards a more diverse work culture stifle
employees from speaking out?
What can leaders do to avert this potential outcome?
You may find the Center’s Framework for Ethical Decision
Making useful in thinking through
these questions.
Sara Tangdall is the Business, Leadership, and Social Sector
Ethics Program Coordinator at
the Markkula Center for Applied Ethics.
Sep 11, 2017
A BOARD SHOULD ASK ITSELF: DOES IT
OPTIMIZE THE BOTTOM LINE? IS IT LEGAL? IS IT
ETHICAL?
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manifesto/ 3/4
Ethical Concerns about the Adoption of
Online Educational Resources -
1 comment • a year ago
Avatar
Deniel — Great initiative!
How Bots and Humans Might Work to
Stop Harassment - The Democracy
2 comments • a year ago
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Maria McWell — Support this idea. Thanks
for post.
Showing Up: Why our Bodies Matter in
Protest - Markkula Center for Applied
1 comment • 7 months ago
Avatar
Robin Rhein Hurwitz — Good point. I
worry that our bodies aren’t ‘counted’ as
much as our signs. Voting remains key.
Flierphobia at Santa Clara University? -
Markkula Center for Applied Ethics
3 comments • 7 months ago
Avatar
Peter Minowitz — Thank you for this very
subtle reply. Yes, I don't know what the
flier's creator intended; I was interpreting
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• Reply •
JP • 10 months ago
see more
The author of this article is fairly loose with the facts. Damore
references "scientifically
unfounded gender stereotypes" she says, when in fact the
opposite is true; a quick
search reveals multiple studies in peer reviewed journals that
confirm exactly the
male/female differences he mentioned. One is not better than
the other, simply
different.
While the author may not be aware that there actually is science
that supports
Damore's stance on the issue, I believe it is wrong for her to
attack his memo without
first verifying the veracity of her own statements
("scientifically unfounded
stereotypes"). It really doesn't take that much time or effort to
find research journal
articles in the electronic age.
What I find more troubling is that someone fostering a
discussion on ethics clearly
misrepresented what Damore actually wrote in his document.
His supposed position
is that women are better at relationships, and men are better at
"things", giving the
impression that Damore believes women are inept. What he
actually wrote? "Women
on average show a higher interest in people and men in things"
He is not making a
blanket statement regarding every man and every woman, but
rather the tendencies
of the average, i.e. the relative positions of a male population
distribution versus that
of a female population. Furthermore, he clearly does NOT say
that men are better at
△ ▽
• Reply •
Jennifer Gaspar- Santos • 6 months ago> JP
To add on to this thread. This vox article provides lots of
insight for me.
https://www.vox.com/the-big...
Cynthia Lee writes: "It is striking to me that the manifesto
author repeatedly
lists race alongside gender when listing programs and
preferences he thinks
should be done away with, but, unlike gender, he never purports
to have any
scientific backing for this. The omission is telling. Would
defenders of the
memo still be comfortable if the author had casually
summarized race and IQ
studies to argue that purported biological differences — not
discrimination or
unequal access to education — explained Google’s shortage of
African-
American programmers?"
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sexism%3ArA178eaxhunx_pWGQhLGKeWIuXY&cuid=482270
1
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10/30/2018 Google's Handling of the Echo Chamber Manifesto -
Markkula Center for Applied Ethics
https://www.scu.edu/ethics/focus-areas/business-
ethics/resources/googles-handling-of-the-echo-chamber-
manifesto/ 4/4
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10/30/2018 This Land is Your Land - Markkula Center for
Applied Ethics
https://www.scu.edu/ethics/focus-areas/more/engineering-
ethics/engineering-ethics-cases/this-land-is-your-land/ 1/1
This Land is Your Land
Home Markkula Center for Applied Ethics Focus Areas More
Engineering Ethics Engineering Ethics Cases This Land is Your
Land
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Jocelyn Tan
Kara has been working as an environmental engineer at a
consulting firm for over twenty-
five years. Well-known for settling disputes between her
corporate clients before litigation
must be pursued, Kara often analyzes technical data,
particularly distributions of solid
particle pollution, presented by disputing parties to help them
reach a compromise on the
cost of environmental cleanup. For example, two parties may be
separated from one
another by a strip of land; however, each party must fiscally
contribute in keeping the land
free from pollutants.
One day, Kara was contacted by a journalist to talk about her
experiences at the firm. Kara
spoke about how she often encountered cases where companies
did not accurately depict
levels of solid particle pollution occupying the companies’
respective surroundings. Instead,
technical experts, who are mostly engineers, would misrepresent
data in order to make it
seem that minority parties were responsible for a greater part of
the contamination. At the
end of the interview, Kara emphasized the necessity of
engineers taking ownership and
being honest about the presentation of data.
At what point does an engineer’s interpretation of data move
from sound technical
reasoning to misrepresentation? How should engineers deal with
the pressure to come up
with data that may indicate favorable results for their
employers?
Jocelyn Tan was a 2014-2015 Hackworth Fellow in Engineering
Ethics at the Markkula
Center for Applied Ethics at Santa Clara University.
August 2015
Aug 26, 2015
ENGINEERING ETHICS CASES BY
CATEGORY
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2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 1/7
282,679 views | Dec 10, 2018, 08:46am
Business Plan Template: A Step-by-
Step Guide For Entrepreneurs
Entrepreneurs
Author of The Art of Startup Fundraising & Serial Entrepreneur
Alejandro Cremades Former Contributor
What should be in your business plan?
Creating a business plan is a key part of starting any business
venture. Even if you’ll
never use it in this format for attracting investors and raising
capital, it can be vital for
helping all entrepreneurs to ask and think through essential
questions.
Nowadays business plans are used as an internal roadmap for
the execution of the
company since pitch decks have taken over when it comes to
fundraising required
PIXABAYPixabay
https://www.forbes.com/sites/alejandrocremades/
https://www.forbes.com/entrepreneurs/older
https://www.forbes.com/sites/alejandrocremades/
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 2/7
materials. For a winning deck, take a look at the pitch deck
template created by Silicon
Valley legend, Peter Thiel (see it here) that I recently covered.
Thiel was the first angel
investor in Facebook with a $500K check that turned into more
than $1 billion in cash.
Moreover, I also provided a commentary on a pitch deck from
an Uber competitor that
has raised over $400 million (see it here).
Don’t skip this part of the process. Though, do not let it become
a distraction and slow
you down from creating an actual business either.
Today In: Leadership
For key insights on the why, when and how to create a business
plan, and emerging
alternatives for startups versus small businesses, see my Forbes
article on How To
Create A Business Plan.
There are many variations of business plans today. Especially,
with the rapid growth of
lean startups. A few minutes on Google will provide plenty of
free business plan
template options. The following is adapted from the SCORE
Association’s recommende
outline of categories, which covers most of the bases for exactly
what to include in your
business plan.
Executive Summary
This is the most critical part of your business planning. If you
never flesh out a full
business plan, make sure you create a fantastic executive
summary. This brings togethe
all of the key elements of your plan and will often be the make
or break document whic
decides whether commercial lenders or investors will have any
interest in seeing the re
of your documentation or pursuing a relationship with you. For
additional guidance, yo
may want to review the Executive Summary Template that I
recently covered on Forbes
as well.
Company Description
This section provides a further overview of your company now.
Include:
http://alejandrocremades.com/silicon-valley-legend-creates-
pitch-deck-template-for-entrepreneurs/?utm_source=Forbes-
pitch&utm_medium=Forbes-pitch&utm_campaign=Forbes-
pitch&utm_term=Forbes-pitch&utm_content=Forbes-pitch
http://alejandrocremades.com/the-400m-pitch-deck-that-got-
this-uber-competitor-funded/?utm_source=Forbes-
pitch&utm_medium=Forbes-pitch&utm_campaign=Forbes-
pitch&utm_term=Forbes-pitch&utm_content=Forbes-pitch
https://www.forbes.com/entrepreneurs/older
https://www.forbes.com/sites/alejandrocremades/2018/07/24/ho
w-to-create-a-business-plan/#4db5b4be7391
https://www.score.org/resource/business-plan-template-startup-
business
https://www.forbes.com/sites/alejandrocremades/2018/07/31/exe
cutive-summary-template-what-to-include
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 3/7
The company purpose, mission and vision
Company formation information
Who the founders are
Location and geographical markets served or where you have a
presence
Current status and stage of business
Any notable achievements so far
Products & Services
List what products and services your company has been formed
to create. How are you
solving the main problem and are serving the community with
your business?
Include:
Definition of the core product or service
Development stage
Screenshots or diagrams
Current pricing
Past test results
Anticipated future products and services you hope to develop
and roll out
Marketing Plan
This is another section which is an absolute must-have, even if
you never develop a full
fledged business plan in its entirety. This holds key information
that all financiers and
potential investors are going to want to know. Even if you hope
to just get away with
using a pitch deck to raise the capital you need.
This is also a vital guide for yourself as a founder, and for your
growing team as to what
needs to be done and how.
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 4/7
Every minute invested in this section can pay great dividends
over the longer term.
Include:
Competition and market research
SWOT analysis (Strengths, Weaknesses, Opportunities &
Threats)
Target market research (total market size and total addressable
market (TAM))
Brand and product positioning
Elevator pitches and tag-lines
Target customer personas and profiles
Results of any testing conducted so far
Marketing channels to be used
Marketing budget
Estimates of cost per action (CPAs)
For further guidance on this section, you may want to review
the piece on Forbes with
the title How To Create A Marketing Plan.
Operational Plan
This is your opportunity to organize and demonstrate your
understanding of this
industry and business.
Include:
Facilities and space needed
Technology needs
Equipment needs
Supply chain management
https://www.forbes.com/sites/alejandrocremades/2018/12/03/ho
w-to-create-a-marketing-plan
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 5/7
Logistics and distribution plans
Order and fulfillment processes
Quality control checks
Legal and accounting needs
Management & Organization
This section of your business plan will help you to identify your
own needs, and
demonstrate to investors and other licensing bodies and
agencies that you are the team
to get this job done.
It basically shows your management and industry experience
and who will do what.
Include:
Founders and executive team
Any owners and shareholders
Board of directors
Consultants and special advisors
Key team members and department heads
Financial Plan
Provide an honest snapshot of where you are and where you
reasonably hope to go,
providing you secure the funding you need.
Include:
Current balance sheet
Past 2 years’ financials if applicable
Financial projections for 12 months, and annually through year
5
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 6/7
Break even analysis
Cash flow projections
Income and expenses
In this section you may also be including startup cost and
capitalization requirements,
or funding and loan requests.
Startup costs should be thorough, have some additional cushion
built in, and focus on
development of physical product or intellectual property and
growth. Not what you wan
to pay yourself as a salary.
If fundraising, be sure to include a repayment schedule for any
loans, use of funds,
runway to follow up fundraising rounds, and the milestones you
expect to achieve by
then.
Appendices
Include all other information, references and required
documentation here.
This will typically include:
Articles of incorporation and status
Resumes of founders and key team members
Copies of insurances
Licenses
Trademarks and patent registrations
Contracts
Appraisals
Deeper research data or links to references
Stay Flexible
2/24/2020 Business Plan Template: A Step-by-Step Guide For
Entrepreneurs
https://www.forbes.com/sites/alejandrocremades/2018/12/10/bus
iness-plan-template-a-step-by-step-guide-for-
entrepreneurs/#613db681120e 7/7
Follow me on LinkedIn. Check out my website.
I am a serial entrepreneur and the author of the The Art of
Startup Fundraising. With a foreword by
‘Shark Tank‘ star Barbara Corcoran, and published by John
Wiley &... Read More
Just like your first attempt at coding a website, practicing your
pitch, or riding a bike, it
not going to be perfect. Do your best. Get outside input from an
expert. Just don’t wait
until you think your business plan is perfectly polished and
cannot possible go any
further in depth. Otherwise, chances are you will have missed
your window of
opportunity by a long way.
It is also crucial to understand that nothing in this document is
set in stone. Pretty muc
everything will absolutely change over time. Roles will change,
marketing will change,
financial projections will change, and your product and service
menu can change.
Having raised money for startups, exited them, and after
interviewing many of the mos
successful founders and angel investors on the DealMakers
Podcast, I’ve got to
experience both the struggles and wins in startup life. Things
change rapidly overnight
and for this reason you need to adapt quickly to the market and
change whatever is
required.
This is a great guide and exercise. It’s a gateway to getting to
the next step. Get it done,
start taking action and stay flexible.
Summary
Creating a business plan remains a valuable part of launching
any new business ventur
Formats and business plan templates may have evolved, and
new documents like pitch
decks are becoming even more important.
Though without going through this process many entrepreneurs
will find they have hug
gaps in their ideas and may fall short when it comes to fielding
questions from serious
investors. Using this template you will cover most of the bases
and will be able to take
the next steps with confidence.
Alejandro Cremades
Follow
https://www.linkedin.com/in/acremades
https://alejandrocremades.com/
http://alejandrocremades.com/blogs/
https://www.forbes.com/sites/alejandrocremades/
https://www.forbes.com/sites/alejandrocremades/
Assignment 1: Each individual student will prepare an
individual research paper that compares and contrasts the
American and Chinese economies in terms of using global,
ethical, political, physical, and societal indicators. Does the
size and growth of the economies of the two nations have any
relationship to capitalism and democracy? What is the impact
of the Internet on the two national economies? How do these
nations define capitalism in relation to national political
policies? Is there a relationship between economic growth and
personal freedom with the two nations?
Assignment 2: Each student must choose an industry business
model for which he/she will develop an operations and financial
plan, including web technologies. What is your Operations
Plan? What products or services will you market, and what will
the website feature? How will this site actually operate? How
will this be different from the competition? Be comprehensive.
What is your Financial Plan? The Financial Plan should include
a statement of the financial assumptions used to generate the
plan numbers, a break-even analysis that identifies the amount
of sales needed to cover fixed and variable expenses, a
statement of the sources and uses of funds that explains how the
e-business expects to secure capital and how it will spend it, the
ownership of the e-business, and what the expected return on
the business is. Prepare an issues analysis and critical risk
statement that identifies threats and opportunities the e-business
will face including economic, market and environmental
considerations. What unique features will your webpage have
that will assure the effective implementation of the business
model?
Requirements: double-spaced, less than 5 pages, no word
requirements, can be any legitimate company or product, refer
to Business plan template.
Assignment 3: Three case study
· Google's Handling of the Echo Chamber Manifesto - Markkula
Center for Applied Ethics.
· Raiding Customer Assets at MF Global - Markkula Center for
Applied Ethics.
· This Land is Your Land - Markkula Center for Applied Ethics.
Requirements: double-spaced, no more than three pages in three
cases, no word requirement.

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