Ivey Publishing

Legal Aspects of International Trade

Forum for International Trade Training,5/e (Canada, Forum for International Trade Training, 2008)
Prepared By Mike Sartor, PhD Candidate
Chapter and Title Chapter Matches: Case Information
Chapter 1:
An Introduction to International Trade Law

KANZEN BERHAD: THE UNITED STATES AND ANTIDUMPING DUTIES
Donald J. Lecraw, Boon Lim

Product Number: 9A97G002
Publication Date: 9/10/1997
Revision Date: 10/17/2002
Length: 25 pages

The managing director of a new Malaysian producer of stainless steel tubing received a letter from the company's attorney in Washington, DC, informing him that the U.S. Specialty Tube Group had written to the U.S. President concerning stainless steel tubing imported into the U.S. from Korea, Taiwan, Thailand and Malaysia at dumped prices that was causing injury to the U.S. industry. For the next year, the managing director considered how he should respond to this threat, while at the same time increasing the company's exports to the U.S. so that it could meet its sales and profits goals. One year later, he was informed that a formal antidumping action had been taken against imports of stainless steel tubing from Malaysia (and other countries). He is considering what he should do now, both to preserve the company's U.S. market and maintain alternative markets in other countries.

Teaching Note: 8A97G02 (5 pages)
Industry: Manufacturing
Issues: International Law; International Trade; Political Environment; Anti-Dumping Action
Difficulty: 4 - Undergraduate/MBA


Chapter 2:
Global Trade Agreements and Regional Economic Blocs

ELI LILLY IN INDIA: RETHINKING THE JOINT VENTURE STRATEGY
Charles Dhanaraj, Paul W. Beamish, Nikhil Celly

Product Number: 9B04M016
Publication Date: 5/14/2004
Revision Date: 3/13/2017
Length: 18 pages

Eli Lilly and Company is a leading U.S. pharmaceutical company. The new president of intercontinental operations is re-evaluating all of the company's divisions, including the joint venture with Ranbaxy Laboratories Limited, one of India's largest pharmaceutical companies. This joint venture has run smoothly for a number of years despite their differences in focus, but recently Ranbaxy was experiencing cash flow difficulties due to its network of international sales. In addition, the Indian government was changing regulations for businesses in India, and joining the World Trade Organization would have an effect on India's chemical and drug regulations. The president must determine if this international joint venture still fits Eli Lilly's strategic objectives.

Teaching Note: 8B04M16 (18 pages)
Industry: Manufacturing
Issues: Joint Ventures; Emerging Markets; International Management; Strategic Alliances
Difficulty: 4 - Undergraduate/MBA



BOMBARDIER VERSUS EMBRAER: CHARGES OF UNFAIR COMPETITION
David W. Conklin, Trevor Hunter

Product Number: 9A99M004
Publication Date: 7/20/1999
Revision Date: 1/15/2010
Length: 23 pages

One of Canada's high-tech success stories, Bombardier, changed the airline industry with the introduction of its short-haul turbo-prop planes and jets in the early 1990s. By the mid-1990s, a new player from Brazil, Embraer, had entered the market and was capturing a lot of business from Bombardier. Bombardier claimed that the success of Embraer was due to unfair subsidies through a government program, so Bombardier challenged the policies through the WTO. Embraer charged back that Bombardier had long received subsidies through Canadian government loans and grants. In an industry which was expected to double in the next five years, the stakes were high. This case discusses the dispute resolution process within the WTO, and the impacts that subsidies and WTO subsidy restrictions may have on industry structure.

Teaching Note: 8A99M04 (8 pages)
Industry: Transportation and Warehousing
Issues: Trade Agreements; Subsidies; Government and Business; Aerospace
Difficulty: 5 - MBA/Postgraduate


Chapter 3:
International Contracts

MAJESTICA HOTEL IN SHANGHAI?
Paul W. Beamish, Jane W. Lu

Product Number: 9B05M035
Publication Date: 4/11/2005
Revision Date: 9/21/2011
Length: 14 pages

Majestica Hotels Inc., a leading European operator of luxury hotels, was trying to reach an agreement with Commercial Properties of Shanghai regarding the management contract for a new hotel in Shanghai. A series of issues require resolution for the deal to proceed, including length of contract term, name, staffing and many other control issues. Majestica was reluctant to make further concessions for fear that doing so might jeopardize its service culture, arguably the key success factor in this industry. At issue was whether Majestica should adopt a contingency approach and relax its operating philosophy, or stick to its principles, even if it meant not entering a lucrative market.

Teaching Note: 8B05M35 (8 pages)
Industry: Accommodation & Food Services
Issues: China; Market Entry; Negotiation; Control Systems; Corporate Culture
Difficulty: 4 - Undergraduate/MBA



GRANTON MINES LIMITED (REVISED)
J. Peter Killing, Paul W. Beamish

Product Number: 9A99M049
Publication Date: 4/24/2000
Revision Date: 1/21/2010
Length: 5 pages

A Canadian company is considering the acquisition (via a license agreement) of a new technology developed by a German company. The Canadian company must decide whether it should acquire the technology, and if it does, the price and terms of the agreement.

Teaching Note: 8A99M49 (5 pages)
Industry: Mining, Quarrying, and Oil and Gas Extraction
Issues: Licensing; Environmental Change; Technology; Pollution
Difficulty: 4 - Undergraduate/MBA


Chapter 4:
Legal Aspects of the International Sale of Goods

CHINESE FIREWORKS INDUSTRY
Paul W. Beamish

Product Number: 9B11M006
Publication Date: 1/11/2011
Revision Date: 5/4/2017
Length: 13 pages

The Chinese fireworks industry thrived after China adopted the open-door policy in the late 1970s, and grew to make up 90 per cent of the world’s fireworks export sales. However, starting in the mid-1990s, safety concerns led governments both in China and abroad to set up stricter regulations. At the same time, there was rapid growth in the number of small family-run fireworks workshops, whose relentless price-cutting drove down profit margins. Students are asked to undertake an industry analysis, estimate the industry attractiveness, and propose possible ways to improve the industry attractiveness from an individual investor’s point of view. Jerry Yu is an American-born Chinese in New York who has been invited to buy a fireworks factory in Liuyang, Hunan.

Teaching Note: 8B11M006 (16 pages)
Industry: Manufacturing
Issues: Market Analysis; Industry Analysis; International Marketing; Exports; China
Difficulty: 4 - Undergraduate/MBA



MATTEL AND THE TOY RECALLS (A)
Hari Bapuji, Paul W. Beamish

Product Number: 9B08M010
Publication Date: 2/21/2008
Revision Date: 5/18/2017
Length: 14 pages

On July 30, 2007 the senior executive team of Mattel under the leadership of Bob Eckert, chief executive officer, received reports that the surface paint on the Sarge Cars, made in China, contained lead in excess of U.S. federal regulations. It was certainly not good news for Mattel, which was about to recall 967,000 other Chinese-made children's character toys because of excess lead in the paint. Not surprisingly, the decision ahead was not only about whether to recall the Sarge Cars and other toys that might be unsafe, but also how to deal with the recall situation. The (A) case details the events leading up to the recall and highlights the difficulties a multinational enterprise faces in managing global operations. Use with Ivey case 9B08M011, Mattel and the Toy Recalls (B).

Teaching Note: 8B08M10 (28 pages)
Industry: Manufacturing
Issues: Supply Chain Management; Offshoring; Outsourcing; Product Quality; Product Recall; Multinational Enterprise Stakeholders; the United States and China
Difficulty: 4 - Undergraduate/MBA


Chapter 5:
International Partnership Agreements

NORA-SAKARI: A PROPOSED JV IN MALAYSIA (REVISED)
Paul W. Beamish, R. Azimah Ainuddin

Product Number: 9B06M006
Publication Date: 11/30/2005
Revision Date: 5/23/2012
Length: 16 pages

This case presents the perspective of a Malaysian company, Nora Bhd, which was in the process of trying to establish a telecommunications joint venture with a Finnish firm, Sakari Oy. Negotiations have broken down between the firms, and students are asked to try to restructure a win-win deal. The case examines some of the most common issues involved in partner selection and design in international joint ventures.

Teaching Note: 8B06M06 (12 pages)
Industry: Information, Media & Telecommunications
Issues: Intercultural Relations; Third World; Negotiation; Joint Ventures; Finland; Malaysia
Difficulty: 4 - Undergraduate/MBA



NOTE ON INTERNATIONAL LICENSING
Paul W. Beamish

Product Number: 9B06M005
Publication Date: 11/28/2005
Revision Date: 9/17/2009
Length: 18 pages

Licensing is a strategy for technology transfer; and an approach to internationalization that requires less time or depth of involvement in foreign markets, compared to exports, joint ventures, and foreign direct investment. This note examines when licensing is employed, risks associated with it, intellectual property rights, costs of licensing, unattractive markets for licensing, and the major elements of the license agreement.

Issues: Technology Transfer; Licensing; Corporate Strategy; Internationalization
Difficulty: 4 - Undergraduate/MBA


Chapter 6:
International Intellectual Property Law

TIME WARNER INC. AND THE ORC PATENTS
Paul W. Beamish, John Adamson

Product Number: 9B01M059
Publication Date: 1/29/2002
Revision Date: 8/28/2009
Length: 16 pages

Optical Recording Corporation (ORC) secured the rights to a technology known as digital optical audio recording. During the time it took to negotiate the final transfer of the technology ownership, it was rumored that some major electronics manufacturers were developing compact disc (CD) players that recorded digital optical audio signals. A patent lawyer advised ORC that the compact disc players and compact discs recently released by these companies might be infringing the claims of ORC's newly acquired patents. Based on this information, the company proceeded to successfully negotiate licensing agreements with the two largest CD manufacturers, Sony of Japan, and Philips of the Netherlands The third largest manufacturer, WEA Manufacturing, a subsidiary of Time Warner Inc., maintained a position of non-infringement and invalid patents. With the U.S. patent expiry date looming, ORC decided to sue Time Warner for patent infringement. When the defense counsel presented testimony that questioned the integrity of the licensing agreement, ORC's president realized that the entire licensing program was in jeopardy and must decide whether he should accept a settlement or proceed with the lawsuit.

Teaching Note: 8B01M59 (11 pages)
Industry: Manufacturing
Issues: Business Law; Intellectual Capital; Licensing; Patents
Difficulty: 4 - Undergraduate/MBA



BEIJING MIRROR CORP.
Paul W. Beamish, Xiao Yue Chen, Xin Zhao

Product Number: 9A98M033
Publication Date: 11/25/1998
Revision Date: 2/1/2010
Length: 23 pages

Beijing Mirror Corporation owned the patent for a newly invented rearview mirror which eliminated the usual blind spot. At issue for the company was how to introduce the product to both the domestic and international markets. More specifically, should the company try to commercialize the technology independently, or via joint venture? Should they do so with a local or foreign company? What pricing, promotional and distribution approaches made sense? What is their resource position relative to these decisions?

Teaching Note: 8A98M33 (9 pages)
Industry: Manufacturing
Issues: China; Patents; International Marketing; Joint Ventures; Intellectual Properties
Difficulty: 4 - Undergraduate/MBA


Chapter 7:
International Competition and Antitrust Laws

DE BEERS AND THE GLOBAL DIAMOND INDUSTRY
David W. Conklin, Danielle Cadieux

Product Number: 9B05M040
Publication Date: 7/15/2005
Revision Date: 10/1/2009
Length: 17 pages

In the early 2000s, De Beers Consolidated Mines has successfully managed the global diamond industry for many decades, propping up prices at all stages of the value chain, reducing price volatility and increasing consumer demand. By the end of the 20th century, however, a series of forces threatened De Beer's role and profitability. New diamond mining firms were selling their production on the open market rather than through De Beers' Central Selling Organization. The new competitors were attempting to grade, polish and cut diamonds outside of the De Beers value chain. Some retailers were purchasing shares in new mines in order to create their own value chain. New technology offered the possibility of creating synthetic diamonds that would be indistinguishable from diamonds created by natural forces. Governments were threatening antitrust actions. Meanwhile, an illicit trade in conflict diamonds was supporting revolutionary groups and disrupting the market. De Beers now had to decide whether to maintain its traditional functions or to embark on a new strategy. In particular, De Beers contemplated a shift into the retail jewelry business in a joint venture with France's Moet Hennessy-Louis Vuitton luxury goods corporation that would sell De Beers-branded diamond jewelry.

Teaching Note: 8B05M40 (7 pages)
Industry: Mining, Quarrying, and Oil and Gas Extraction
Issues: Value Chain; Globalization; International Business; Business Policy
Difficulty: 4 - Undergraduate/MBA



BOWATER'S ACQUISITION OF ALLIANCE FOREST PRODUCTS: CONSOLIDATION IN THE FOREST PRODUCTS INDUSTRY
David W. Conklin, Danielle Cadieux

Product Number: 9B02M046
Publication Date: 2/6/2003
Revision Date: 12/3/2009
Length: 23 pages

The takeover of Alliance Forest Products by United States-based Bowater Inc. resulted in job loss for members of the Canadian board of directors and head office staff as well as loss of corporation shares from the Toronto Stock Exchange. Bowater's strategy to reduce costs and enhance productivity may result in additional Canadian job losses in the future. Corporations in the forest products industry are merging or acquiring companies to stay competitive. These mergers are a public policy concern for both Canada and the United States. The frequency and the size of the mergers raise concerns whether antitrust and competition policies should be used to restrain the price increases that the consolidation might entail.

Teaching Note: 8B02M46 (13 pages)
Industry: Agriculture, Forestry, Fishing and Hunting
Issues: Globalization; International Business; Business Policy
Difficulty: 4 - Undergraduate/MBA


Chapter 8:
Payment and Financial Aspects of International Contracts

EAST CAMERON PARTNERS: THE SUKUK BOND
Stephen Sapp, Brooke Harley

Product Number: 9B10N014
Publication Date: 8/19/2010
Length: 9 pages

The chief executive officer (CEO) of East Cameron Partners LP, is interested in raising capital to buy out his existing 50 per cent partner thereby regaining control of the firm and enabling him to finance new growth. Because of the risky nature of the oil and gas business and relatively small size of East Cameron, the CEO has limited alternatives available to him. The case discusses the standard alternatives available to small and medium sized enterprises to raise capital but it also provides particular focus on a new alternative, a Sukuk Bond.

Teaching Note: 8B10N14 (10 pages)
Industry: Mining, Quarrying, and Oil and Gas Extraction
Issues: Islamic Finance; Financial Instruments; Capital Markets; International Finance; Financial Strategy
Difficulty: 4 - Undergraduate/MBA



MASKWA RESOURCES: FINANCING WITH A EURO BOND
Stephen Sapp, Ken Mark

Product Number: 9B05N023
Publication Date: 6/30/2008
Revision Date: 10/4/2009
Length: 8 pages

The president of a small mining company is faced with an opportunity to purchase a mining refinery to complement its existing mining operations. It has the potential to bring the company into a situation of positive cashflow, but the small size of the company and high risk of the mining industry has left the president with few alternatives to raise the capital. The case focuses on the issuing of a Euro-denominated bond to finance this purchase and provide funds for future acquisitions. The case discusses the alternatives available in such a situation as well as the risks associated with changes in the price of metals and the value of the U.S. dollar, Canadian dollar and the Euro on the ability to make regular payments on the Euro-denominated bond and other financing alternatives.

Teaching Note: 8B05N23 (10 pages)
Industry: Mining, Quarrying, and Oil and Gas Extraction
Issues: Capital Markets; Risk Management; Hedging; Foreign Exchange; Financial Strategy
Difficulty: 5 - MBA/Postgraduate


Chapter 9:
International Transportation of Goods and Insurance

BAX GLOBAL LIMITED: STAFF TURNOVER IN MAINLAND CHINA
Jean-Louis Schaan, Nigel Goodwin

Product Number: 9B05C035
Publication Date: 11/28/2005
Revision Date: 9/28/2009
Length: 13 pages

The human resources manager for logistics and supply chain management at BAX China must consider her company's high rate of staff turnover. In her monthly report to the managing director, the turnover had reached 12 per cent in the first eight months of the year. The human resources manager must evaluate the company's current methods of dealing with turnover and consider what additional action should be taken. Logistics was a complex and rapidly growing industry, particularly in mainland China. Many multinational and domestic service providers were entering the marketing and expanding their operations; however, these companies had to respond to complex operational challenges and escalating customer demands. The resulting demand for skilled workers led to high turnover rates across the industry and at all organizational levels, and created margin pressure and other management challenges. The case offers a uniquely Chinese perspective on workforce recruitment, management and retention. The industry and the broader economy were growing rapidly. Skilled workers were in short supply because logistics was a new and developing discipline in the former command economy. Also, in the human resources manager's opinion, cultural attitudes resulted in low loyalty among the workers.

Teaching Note: 8B05C35 (9 pages)
Industry: Transportation and Warehousing
Issues: China; Employee Retention; Recruiting; Compensation; Nanyang
Difficulty: 4 - Undergraduate/MBA



DEERE & COMPANY WORLDWIDE LOGISTICS
P. Fraser Johnson

Product Number: 9B01D013
Publication Date: 5/23/2002
Length: 6 pages

As a manufacturer and distributor of agriculture equipment, as well as a broad range of construction and forestry equipment, Deere & Company had a lot riding on the smooth flow of its logistics function. FedEx Logistics provided out-sourced transportation services to 11 Deere facilities across North America. But with each of Deer's individual business units responsible for its own logistics activities, and with each unit negotiating a separate service agreement with the FedEx facility, costs and services tended to differ across the units. Deere's manager of logistics design asked a summer intern student to evaluate the company's logistics agreement with FedEx, with a view to identifying opportunities for standardizing costs and services across the business units. The logistics manager is expecting a report containing details of each operation's work flow and cost information, as well as some recommendations for updating Deere's out-sourcing arrangements with FedEx Logistics.

Teaching Note: 8B01D13 (6 pages)
Industry: Manufacturing
Issues: Organizational Structure; Outsourcing; Logistics; Procurement
Difficulty: 4 - Undergraduate/MBA


Chapter 10:
E-commerce in International Business

ONLINE PIRACY: JAYWALKING OR THEFT?
Alex Beamish, Paul W. Beamish

Product Number: 9B09C018
Publication Date: 9/18/2009
Revision Date: 3/24/2010
Length: 8 pages

In September 2009, Brian Lee purchased a computer game developed by a major company and, like other customers, he was experiencing difficulty running it. The source of the problems was a highly restrictive system of digital rights management (DRM), which, while more or less universally disliked, was causing serious technical problems for a minority of users. Lee began to share his experience on the company's message board and was engaging in a debate about online piracy with a company representative. He was curious about piracy in the file-sharing age and wondered why it would be wrong to download a pirated version of the game with the DRM circumvented. The case deals with an issue which resonates with students. Although the context is simple, the problem is complex, thus giving instructors wide latitude on how to teach the case. It is suitable for modules or courses focused on ethics, service operations, intellectual property rights and information technology.

Teaching Note: 8B09C18 (7 pages)
Industry: Arts, Entertainment, Sports and Recreation
Issues: Service Recovery; Intellectual Property; Internet; Ethical Issues
Difficulty: 4 - Undergraduate/MBA



DATA THEFT OR LOSS: TEN THINGS YOUR LAWYER MUST TELL YOU ABOUT HANDLING INFORMATION
Michael Parent, Craig Bavis

Product Number: 9B07TD03
Publication Date: 7/1/2007
Length: 9 pages

Most organizations spend vast sums on information technology to gather, manipulate, store, and use the information and data they gather. Yet, as these authors point out, managing this resource entails protecting it and complying with all laws and regulations. The authors prescribe ten best practices that should allow an organization to protect its data and comply with the law.

Issues: Information Technology




KL WORLDWIDE ENTERPRISES, INC.: PUTTING IT TO WORK
Richard M. Kesner

Product Number: 9B05E023
Publication Date: 1/13/2006
Revision Date: 11/11/2015
Length: 21 pages

The KL Worldwide Enterprises Inc. case provides a rich context within which to explore the information technology (IT) issues that confront a global enterprise engaged in the manufacture, sales, and distribution of durable goods. The primary purpose is to give students a real-world, hands-on simulation of an IT systems development process that spans the entire lifecycle of an IT project from initial project scoping and justification through acceptance testing and deployment. The KL case emphasizes the design and delivery of enterprise resource planning, supply-chain management, decision support system, and e-commerce solutions for both for-profit and not-for-profit organizations. The case leads the reader into a consideration of the many opportunities to improve KL’s performance through the better design and integration of IT-enabled processes and services, including designing a new e-commerce or DSS capability and reengineering KL’s supply-chain and product design practices.

Teaching Note: 8B05E23 (9 pages)
Industry: Manufacturing
Issues: Operations Management; E-Commerce; Information System Design; Information Systems; Northeastern
Difficulty: 4 - Undergraduate/MBA



A HACKER ATTACK: AN E-COMMERCE NIGHTMARE (A)
Darren Meister, Carlie Bell

Product Number: 9B05E002
Publication Date: 3/7/2005
Revision Date: 9/28/2009
Length: 6 pages

The general manager of BookMart, a major online book, movie and CD store was struggling to manage a serious breach of the company's information systems, which jeopardized both the company's reputation and its ability to provide service to its customers. He must develop an immediate plan to address the security breach internally; how to communicate the situation to customers and the media and develop a long term plan that will minimize the risk against possible future attacks. The supplement A Hacker Attack: An e-Commerce Nightmare, product 9B05E003 looks at the general manager's short and long term plans.

Teaching Note: 8B05E02 (9 pages)
Industry: Retail Trade
Issues: Crisis Management; E-Commerce; Information Systems; Security Systems
Difficulty: 4 - Undergraduate/MBA


Chapter 11:
Resolution of Disputes

CHINA'S TRADE DISPUTES
David W. Conklin, Danielle Cadieux

Product Number: 9B09M018
Publication Date: 3/9/2009
Revision Date: 8/5/2009
Length: 17 pages

By 2009, China's exports had increased dramatically from $250 billion in 2000 to a projected $1,500 billion in 2009. This enormous growth of exports severely damaged competing businesses in the advanced nations, particularly the United States and Europe. China's entry into the World Trade Organization (WTO) in 2001 guaranteed China's right to export to these nations, but at the same time the WTO required China to adhere to certain rules that sought to support fair trade and create a level playing field. Several broad subjects each gave rise to a series of trade disputes: the protection of intellectual property, health and safety concerns about China's products, labour and environmental standards, China's manipulation of their currency, and costs and prices determined by the government rather than free markets. This case examines each set of trade disputes and China's attempts to resolve them. Many disputes were embedded in cultural practices and ideological positions and so they might not disappear quickly. Shortcomings in China's legal and judicial system hampered enforcement. In addition, many rested on the government's desire to protect the interests of Chinese businesses and their employees, and so China might alter its practices only if confronted with credible retalitory threats. China's central government experienced the principal-agent problem where its wishes and decisions could be ignored by local governments and firms. Meanwhile, changes in industry structure within the advanced nations were altering the negotiation positions of Western governments. The case examines the WTO dispute resolution procedures and enforcement mechanisms that have been directed at China's trade disputes.

Teaching Note: 8B09M18 (8 pages)
Issues: China; International Business; Government and Business; Globalization
Difficulty: 4 - Undergraduate/MBA


Chapter 12:
Emerging Issues in International Trade Law

BARRICK GOLD CORPORATION - TANZANIA
Aloysius Newenham-Kahindi, Paul W. Beamish

Product Number: 9B10M020
Publication Date: 10/20/2010
Revision Date: 11/19/2014
Length: 15 pages

This case examines the giant Canadian mining corporation, Barrick Gold Corporation (Barrick), (called Africa Barrick Gold plc since 2009), and the way it engages in sustainable community developments that surround its mining activities in Tanzania. Following recent organized tensions and heightened criticism from local communities, media, international social lobbyists and local not-for-profit organizations (NFOs), Barrick has attempted to deal with the local communities in a responsible manner. At issue for senior management was whether there was much more that it could reasonably do to resolve the tensions.

The case considers: how MNEs seek social license and local legitimacy; the relevance of hybrid institutional infrastructures; the evolving global roles for MNEs and their subsidiaries. The case is appropriate for use in courses in international management, global corporations and society, and international development and sustainable value creation.


Teaching Note: 8B10M20 (18 pages)
Industry: Mining, Quarrying, and Oil and Gas Extraction
Issues: Subsidiaries; Business and Society; Corporate Social Responsibility; Cross Sector Social Partnership; Government Relations
Difficulty: 5 - MBA/Postgraduate



CORRUPTION: THE INTERNATIONAL EVOLUTION OF NEW MANAGEMENT CHALLENGES
David W. Conklin

Product Number: 9B09M065
Publication Date: 10/21/2009
Length: 21 pages

Many countries have become increasingly concerned with the subject of corruption, and managers today must deal with changes in ethical norms and laws. New laws and international agreements seek to create a worldwide shift towards the reduction of corruption, and so management responsibilities are continually evolving. Both Transparency International and the World Bank provide estimates of the relative pervasiveness of corruption in different countries. Yet this subject is ambiguous and complex, creating significant challenges for managers. Both Volkswagen and Siemens have recently experienced public criticism and legal prosecution over corruption issues, some relating to internal and inter-corporate relations. Some cultures appear to accept corrupt practices as part of normal business-government relations. In China, guanxi is widely seen as a requirement for business success with the establishment of personal relationships that include an ongoing exchange of gifts and personal favours. Some managers may argue that the giving of gifts is acceptable, that bribes to expedite decisions may be necessary, and that only certain types of bribes should be seen as inappropriate corruption. However, this perspective involves the difficulty of drawing a line to guide decisions of corporate employees, and for many managers it is now necessary to implement clear corporate guidelines in regard to what they consider to be corruption. In this context, some managers may decide to avoid investing in certain countries until the culture of corruption has changed.

Teaching Note: 8B09M65 (3 pages)
Industry: Public Administration
Issues: Globalization; International Business; Business and Society
Difficulty: 4 - Undergraduate/MBA



CARREFOUR CHINA, BUILDING A GREENER STORE
Andreas Schotter, Paul W. Beamish, Robert Klassen

Product Number: 9B08M048
Publication Date: 5/9/2008
Revision Date: 9/24/2018
Length: 19 pages

Carrefour, the second largest retailer in the world, had just announced that it would open its first Green Store in Beijing before the 2008 Olympic Games. David Monaco, asset and construction director of Carrefour China, had little experience with green building, and was struggling with how to translate that announcement into specifications for store design and operations. Monaco has to evaluate the situation carefully both from ecological and economic perspectives. In addition, he must take the regulatory and infrastructure situation in China into account, where no official green building standard exists and only few suppliers of energy saving equipment operate. He had already collected energy and cost data from several suppliers, and wondered how this could be used to decide among environmental technology options. Given that at least 150 additional company stores were scheduled for opening or renovation during the next three years in China, the project would have long term implications for Carrefour.

Teaching Note: 8B08M48 (13 pages)
Industry: Retail Trade
Issues: China; Strategy Implementation; Emerging Markets; Environmental Business Management; Operations Management
Difficulty: 4 - Undergraduate/MBA



PHIL CHAN (A)
Paul W. Beamish, Jean-Louis Schaan

Product Number: 9B08M038
Publication Date: 4/18/2008
Length: 8 pages

The case deals with a scam that has been run out of Nigeria since 1990. In it, foreign companies are approached for their assistance in facilitating an international transfer of funds in order to receive a very large but unearned commission. In the case, a Hong Kong-based manager who is travelling to Nigeria is unaware that he is walking into a situation where his company is about to be cheated. The objective of the case is to raise the issue of ethics in the conduct of international business. A follow-up case (9B08M039) is available.

Teaching Note: 8B08M38 (10 pages)
Industry: Administrative, Support, Waste Management and Remediation Services
Issues: Negotiation; Human Behaviour; Ethical Issues; Personal Values
Difficulty: 4 - Undergraduate/MBA


Chapter 13:
Business Law in Canada

NOTE ON LEGAL ASPECTS OF SECURED LENDING IN CANADA
James E. Hatch, Adam Chambers, David Atkinson

Product Number: 9B11N003
Publication Date: 2/23/2011
Length: 9 pages

This technical note uses information from the Canadian Bankruptcy Act, the Companies Creditors Arrangement Act, and the Personal Property Security Act to explain the way in which collateral security is obtained and to describe the rights of security holders in the event of bankruptcy or reorganization. The note includes the ranking of secured creditors and the most commonly recognized types of security interests.

Industry: Finance and Insurance
Issues: Collateral Security; Bankruptcy; Corporate Reorganization; Canada
Difficulty: 4 - Undergraduate/MBA



THE LEGAL ASPECTS OF MERGERS & ACQUISITIONS IN CANADA
James E. Hatch, David Atkinson

Product Number: 9B10N008
Publication Date: 5/21/2010
Length: 12 pages

Corporate mergers and acquisitions (M&A) is a field as complex in law as it is in finance. The environment is heavily regulated: it draws on corporate, securities, antitrust and national security law involving obligations at the federal, provincial and self-regulatory levels. This note is designed to introduce non-lawyer managers and finance professionals to the technical securities law issues related to changes of corporate control. While this note deals primarily with the legal aspects of M&A in Canada, deals involving Canadian companies will often involve foreign counterparts. The topic of cross-border M&A is beyond the scope of this note, but, where relevant, distinctions will be drawn throughout between legal terminology, processes and approaches as they differ across the border most often with the United States.

Industry: Finance and Insurance
Issues: Financial Law; Mergers & Acquisitions
Difficulty: 4 - Undergraduate/MBA



NOTE ON LEGAL FORMS OF BUSINESS ORGANIZATION AND LIABILITY AND NEGLIGENCE LAW IN CANADA
Philip King

Product Number: 9A99M046
Publication Date: 2/9/2000
Revision Date: 1/21/2010
Length: 14 pages

This note describes the history, merits and limitations associated with the establishment of a sole proprietorship, a partnership and a corporate or limited liability company in Canada in 1999. It reviews the flexibility of each option and the relative liability assumed by the principal owners when choosing the form of organization. The question of liability is then examined further with emphasis on negligence, product liability and professional liability. The note also outlines the standard of care defense that is central to staving off liability lawsuits.

Industry: Professional, Scientific, and Technical Services
Issues: Corporate Structure; Business Law; Theory of the Firm; Organizational Structure
Difficulty: 2 - Intro/Undergraduate


Chapter 14:
Contract Law and the Sale of Goods in Canada

IPL INC.
J. Michael Geringer, Louis Hébert

Product Number: 9A89M006
Publication Date: 1/1/1989
Revision Date: 6/3/2003
Length: 20 pages

The CEO of IPL Inc., was reassessing his company's policy regarding involvement in custom-molded plastic products. A leader in the Canadian injection molded plastics industry, IPL had traditionally relied on proprietary products rather than the manufacturing-on-order of custom products for other firms. However, since 1984 IPL had been supplying custom-molded auto parts for the Ford Motor Company and had recently been offered a contract to manufacture a large volume of additional parts for them. Having only one month to respond to Ford's offer, the CEO was concerned about how he should proceed.

Teaching Note: 8A89M06 (21 pages)
Industry: Manufacturing
Issues: Strategic Planning; Product Strategy
Difficulty: 4 - Undergraduate/MBA