In-House Risk

Over the last thirty years or so, as the number of in-house counsel rose and their role increased in scope and prominence, increased attention has been given the various challenges these lawyers face under the ABA Model Rules of Professional Conduct, from figuring out who is the client the in-house lawyer represents, to navigating conflicts of interest, maintaining independence, and engaging in a multijurisdictional practice of law. Less attention, to date, has been given to business risk assessment, perhaps in part because that function appears to be part of in-house counsel’s role as a business person rather than as a lawyer. Overlooking the role of in-house counsel in assessing risk, however, is a risky proposition, because risk assessment constitutes for some in-house counsel a significant aspect of their role, a role that in turn informs and shapes how in-house counsel perform other more overtly legal tasks. For example, wearing her hat as General Counsel, a lawyer for the entity-client may opine and explain issues of compliance with the law. Wearing her hat as the Chief Legal Officer, however, the same lawyer may now be called upon as a member of business management to participate in the decision whether to comply with the law. After outlining some of the traditional challenges faced by in-house counsel under the Rules, this short essay explores risk assessment by in-house counsel and its impact on their role and function under the Rules. It argues that the key to in-house lawyers’ successful navigation of multiple roles, and, in particular, to their effective assessment of business risk is keen awareness of the various hats they are called upon to wear. Navigating these various roles may not be easy for lawyers, whose training and habits of mind often teach them to zoom in on legal risks to the exclusion of business risks. Indeed, law schools continue to teach law students “to think like a lawyer” and law firms, the historical breeding grounds for in-house counsel positions, in a world of increased specialization master the narrower contemplation of legal questions. Yet the present and future of in-house counsel practice demand of its practitioners the careful and gradual coming to terms, buildup and mastery of business risk analysis skills, alongside the cultivation of traditional legal risk analysis tools.

Developing the public health function of locum pharmacists under the auspices of the new pharmacy contract

Focal Point - There are reduced opportunities for locum pharmacists to access training and education that meets their needs and enables them to play a full role under the new pharmacy contract - Eighty-six per cent of locums consider themselves to be more health professional than business person, compared to just 48% of pharmacy owners - Forty per cent of locums believe that a lack of access to training is a major barrier to the development of their public health function - While locum pharmacists are arguably more likely to embrace 'professionalising', patient-care-based roles, they are also the group least likely to be able to access the necessary training to fulfill such roles Introduction It has been suggested that locum pharmacists do not want the business-based responsibilities (e.g. staff management, meeting targets, etc) that come with pharmacy management.1 Research also suggests that locums derive great satisfaction from the health-professional aspects of the pharmacists’ role (e.g. patient contact, the provision of advice, etc).1 However, upon the introduction of the new pharmacy contract (April 2005), concerns were expressed that it was becoming increasingly difficult for locum pharmacists to access training and education that would meet their needs and enable them to play a full role under the new framework.2,3 Method After piloting, in August 2006 a self-completion postal questionnaire was sent to a random sample of practising community pharmacists, stratified for country and sex, within Great Britain (n = 1998), with a follow-up to non-responders 4 weeks later. Data were analysed using SPSS (v12.0). A final response rate of 51% (n = 1023/1998) was achieved. Respondents were asked ‘indicate how you view yourself as a pharmacist’ – in terms of their relative focus on the health-professional and business aspects of their role. Respondents were also asked ‘do you consider a lack of training opportunities to be a barrier to the development of the public health role of community pharmacists?’. Results Locums were significantly more likely than owners or employees to consider each factor a major barrier. Discussion Four in 10 locums consider a lack of training opportunities to constitute a major barrier to the development of their public health function. Pharmacy may not be able to provide the services required of it by the policy agenda if pharmacists are unable to be involved in extended role activities through a lack of training opportunities. Therefore, the paradox that needs to be addressed is that while locum pharmacists are arguably more likely to embrace ‘professionalising’, patient-care-based roles, they are also the group least likely to be able to access training to fulfil such roles. The training needs of this large subset of the pharmacist population need to be assessed and met if the whole community pharmacy workforce is going to maximise its contribution to public health under the new contractual framework. References 1 Shann P, Hassell K. An exploration of the diversity and complexity of the pharmacy locum workforce. London: Royal Pharmaceutical Society of Great Britain; 2004. 2 Almond M. Locums – key players in workforce – cast adrift as contract launched. Pharm J 2005;274:420. 3 Bishop DH. A lack of appreciation of what really happens. Pharm J 2005;274:451.

The Washington directory, showing the name, occupation, and residence, of each head of a family and person in business; the names of the members of Congress, and where they board; together with other useful information.

p. [143]-148, advertising matter.

Dados de reconhecimento facial em Business Intelligence

Vivemos cada vez mais numa era de crescentes avanços tecnológicos em diversas áreas. O que há uns anos atrás era considerado como praticamente impossível, em muitos dos casos, já se tornou realidade. Todos usamos tecnologias como, por exemplo, a Internet, Smartphones e GPSs de uma forma natural. Esta proliferação da tecnologia permitiu tanto ao cidadão comum como a organizações a sua utilização de uma forma cada vez mais criativa e simples de utilizar. Além disso, a cada dia que passa surgem novos negócios e startups, o que demonstra o dinamismo que este crescimento veio trazer para a indústria. A presente dissertação incide sobre duas áreas em forte crescimento: Reconhecimento Facial e Business Intelligence (BI), assim como a respetiva combinação das duas com o objetivo de ser criado um novo módulo para um produto já existente. Tratando-se de duas áreas distintas, é primeiramente feito um estudo sobre cada uma delas. A área de Business Intelligence é vocacionada para organizações e trata da recolha de informação sobre o negócio de determinada empresa, seguindo-se de uma posterior análise. A grande finalidade da área de Business Intelligence é servir como forma de apoio ao processo de tomada de decisão por parte dos analistas e gestores destas organizações. O Reconhecimento Facial, por sua vez, encontra-se mais presente na sociedade. Tendo surgido no passado através da ficção científica, cada vez mais empresas implementam esta tecnologia que tem evoluído ao longo dos anos, chegando mesmo a ser usada pelo consumidor final, como por exemplo em Smartphones. As suas aplicações são, portanto, bastante diversas, desde soluções de segurança até simples entretenimento. Para estas duas áreas será assim feito um estudo com base numa pesquisa de publicações de autores da respetiva área. Desde os cenários de utilização, até aspetos mais específicos de cada uma destas áreas, será assim transmitido este conhecimento para o leitor, o que permitirá uma maior compreensão por parte deste nos aspetos relativos ao desenvolvimento da solução. Com o estudo destas duas áreas efetuado, é então feita uma contextualização do problema em relação à área de atuação da empresa e quais as abordagens possíveis. É também descrito todo o processo de análise e conceção, assim como o próprio desenvolvimento numa vertente mais técnica da solução implementada. Por fim, são apresentados alguns exemplos de resultados obtidos já após a implementação da solução.

Parking for Person With Disabilities, June 16, 2010

Persons with disabilities may find it challenging to fully use and enjoy their dwelling without adequate accessible parking. The State of Iowa has specific laws and regulations regarding accessible parking for persons with disabilities. Iowa Code Chapter 321L (1990); 661Iowa Admin. Code Chapter 18 (321L) (2010). In addition, there are state and federal fair housing laws that prohibit discrimination in parking for persons with disabilities – the federal “Fair Housing Act,” the “Americans with Disabilities Act” (ADA), and the “Iowa Civil Rights Act of 1965.” 42 U.S.C. §§ 3600- 3620; 42 U.S.C. § 12101; and Iowa Code Chapter 216. It may at times be challenging for a housing provider to fully understand and correctly apply all of these laws to their particular off-street parking situations and needs; however, by reviewing these laws and answering certain key questions, this paper will assist providers in achieving greater understanding and help insure greater compliance with these laws.

Wireless Technologies in e-Business; Services, Security and Management

Uusien mobiilien laitteiden ja palveluiden kehitys ovat herättäneet yritysten mielenkiinnon soveltaa langattomia sovelluksia omassa liiketoiminnassaan. Erilaisten tekniikoiden myötä myös mahdollisuuksien kirjo on laajentumassa, mikä johtaa erilaisten verkkojen ja laitteiden yhtenäiselle hallinnalle asetettavien vaatimusten kasvuun. Yritysten siirtyessä soveltamaan uusia langattomia palveluita ja sovelluksia on myös huomioon otettavaa sovellusten sekä palveluiden vaatima tietoturva ja sen hallittavuus. Tutkimuksessa esitetään langattoman sähköisen liiketoiminnan määritelmä sekä kyseisien teknologioiden käyttöä edistävät tekijät. Tutkimus luo viitekehyksen yrityksen langattomien teknologioiden käytölle ja siihen olennaisesti vaikuttavista tekijöistä. Viitekehystä on käytetty todelliseen esimerkkiin, liikkuva myyntihenkilö, kyseisten teknologioiden, palveluiden, tietoturvan ja hallittavuuden näkökulmasta. Johtopäätöksinä on arvioitu mobiilien ja langattomien teknologioiden sekä palveluiden, tietoturvan ja hallittavuuden tilaa ja analysoimalla niitä tulevaa ajatellen.

Survival competencies in SMEs in changing business environments

The thesis examines the competencies that enable business survival in changing business environments from the perspective of Russian and Finnish micro, small, and medium-sized enterprises in the field of forest industry. Additionally, it studies the competence transformation necessary in SMEs for successful continuation of business operations when a firm considers transferring its business to another industry. The dissertation builds a holistic firm-level view of survival competencies for SMEs facing changes in their business environments. The holistic firm-level view of competencies includes both the individual-level and the firm-level perspectives, regardless of the position of the person in a firm. The findings highlight the importance of high-level individual competencies and the ability to perform versatile tasks in a firm. In addition, continuous business environment scanning, self-evaluation of personal competencies, willingness to renew and change, open-mindedness, and a readiness to network, are competencies that belong to and need to be taken care of by everybody – employees and employers - in a firm. In addition to previous competencies, an ability to manage every-day business also needs to be embedded in SME owners/managers. Furthermore, Russian SMEs seem to be more proactive in change situations, when compared with Finnish SMEs, which are used to operate in a more stable business environment. In conclusion, it can be said that the thesis adds to SME literature by introducing the concept of ‘SME-level competencies’, a combination of previously discussed organisational and networking competencies which are needed in order to survive through change. Furthermore, the thesis concludes with new competence classifications, such as operational and change competencies, which offer new information concerning the required competencies by which a firm may reduce the resistance to change that can hinder business renewal. For SME practitioners, the study suggests proper preparation and proactive operations in their business to reduce the influence of endless changes, and reminds SME owners/managers that changes are, however, a significant source of new business opportunities. For educational players, the study suggests upgrading educational and training systems by improving the training as regards attitudes towards work, and especially training in the comprehensive working abilities needed in SMEs to master diverse tasks. Finally, for public actors the study suggests providing stronger support to entrepreneurs by boosting SMEs entrepreneurial conditions and the existing business possibilities in change situations. This can be done by encouraging a legislative and entrepreneurial climate that responds better to the demands of SMEs.

Chancen und Risiken der Arbeit im E-Business

E-Business, verstanden als ganzheitliche Strategie zur Reorganisation von Geschäftsprozessen, Strukturen und Beziehungen in Unternehmen, bietet für die Arbeitsgestaltung in einer digital vernetzten Welt Chancen und Risiken in Hinblick auf die Humankriterien. Empirische Untersuchungen in 14 Unternehmen zeigen „good practice“-Ansätze im B2B-Feld (Business-to-Business). Untersucht wurden die Tätigkeiten der elektronisch vernetzten Auftragsbearbeitung, des Web-, Content-Managements, der digitalen Druckvorlagenherstellung sowie der CAD- Bauplanzeichnung. Die beobachteten Arbeitsplätze zeigen, dass Arbeitsinhalte eher ganzheitlich und komplex gestaltet sind. Planende, ausführende, kontrollierende und organisierende Anteile weisen auf eine vielfältige Aufgabengestaltung hin, die hohe Anforderungen beinhaltet. Während alle beobachteten Tätigkeiten mit Aufnahme-, Erarbeitungs-, Verarbeitungs-, Übertragungs- und Weitergabeprozessen von Informationen zu tun haben, gibt es Differenzen in Bezug auf den Arbeitsumfang, den Zeitdruck, Fristsetzungen, erwartete Arbeitsleistungen sowie die Planbarkeit der Aufgaben. Die vorgefundenen Aufgabentypen (wenig bis sehr anforderungsreich im Sinne von Denk- und Planungsanforderungen) sind gekennzeichnet durch eine unterschiedlich ausgeprägte Aufgabenkomplexität. Interessant ist, dass, je anforderungsreicher die Aufgabengestaltung, je höher die Aufgabenkomplexität, je größer die Wissensintensität und je niedriger die Planbarkeit ist, desto größer sind die Freiräume in der Aufgabenausführung. Das heißt wiederum, dass bei zunehmenden E-Business-Anteilen mehr Gestaltungsspielräume zur Verfügung stehen. Die bestehenden Chancen auf eine humane Aufgabengestaltung sind umso größer, je höher die E-Business-Anteile in der Arbeit sind. Diese Wirkung findet sich auch bei einem Vergleich der Aufgabenbestandteile wieder. Die negativen Seiten des E-Business zeigen sich in den vorgefundenen Belastungen, die auf die Beschäftigten einwirken. Diskutiert wird die Verschiebung von körperlichen hin zu psychischen und vorrangig informatorischen Belastungen. Letztere stellen ein neues Belastungsfeld dar. Ressourcen, auf welche die Mitarbeiter zurückgreifen können, sind an allen Arbeitsplätzen vorhanden, allerdings unterschiedlich stark ausgeprägt. Personale, organisationale, soziale, aufgabenbezogene und informatorische Ressourcen, die den Beschäftigten zur Verfügung stehen, werden angesprochen. In Bezug auf die Organisationsgestaltung sind positive Ansätze in den untersuchten E-Business-Unternehmen zu beobachten. Der Großteil der untersuchten Betriebe hat neue Arbeitsorganisationskonzepte realisiert, wie die vorgefundenen kooperativen Organisationselemente zeigen. Die kooperativen Organisationsformen gehen allerdings nicht mit einer belastungsärmeren Gestaltung einher. Das vorgefundene breite Spektrum, von hierarchisch organisierten Strukturen bis hin zu prozess- und mitarbeiterorientierten Organisationsstrukturen, zeigt, dass Organisationsmodelle im E-Business gestaltbar sind. Neuen Anforderungen kann insofern gestaltend begegnet und somit die Gesundheit und das Wohlbefinden der Mitarbeiter positiv beeinflusst werden. Insgesamt betrachtet, zeigt E-Business ein ambivalentes Gesicht, das auf der Basis des MTO-Modells (Mensch-Technik-Organisation) von Uhlich (1994) diskutiert wird, indem vernetzte Arbeitsprozesse auf personeller, technischer sowie organisationaler Ebene betrachtet werden. E-business, seen as more than only the transformation of usual business processes into digital ones, furthermore as an instrument of reorganisation of processes and organisation structures within companies, offers chances for a human oriented work organisation. Empirical data of 14 case studies provide good practice approaches in the field of B2B (Business-to-Business). The observed work contents show, that tasks (e.g. order processing, web-, contentmanagement, first print manufacturing and architectural drawing) are well arranged. Executive, organising, controlling and coordinating parts constitute a diversified work content, which can be organised with high demands. Interesting is the result, that the more e-business-parts are within the work contents, on the one hand the higher are the demands of the type of work and on the other hand the larger is the influence on workmanship. The observed enterprises have realised new elements of work organisation, e.g. flexible working time, cooperative leadership or team work. The direct participation of the employees can be strengthened, in particular within the transformation process. Those companies in which the employees were early and well informed about the changes coming up with e-business work, the acceptance for new technique and new processes is higher than in companies which did not involve the person concerned. Structured in an ergonomic way, there were found bad patterns of behaviour concerning ergonomic aspects, because of missing knowledge regarding work-related ergonomic expertise by the employees. E-business indicates new aspects concerning requirements – new in the field of informational demands, as a result of poorly conceived technical balance in the researched SME. Broken systems cause interruptions, which increase the pressure of time all the more. Because of the inadequate usability of software-systems there appear in addition to the informational strains also elements of psychological stress. All in all, work contents and work conditions can be shaped and as a result the health and well-being of e-business-employees can be influenced: Tasks can be structured and organised in a healthfulness way, physiological strain and psychological stress are capable of being influenced, resources are existent and developable, a human work design within e-business structures is possible. The ambivalent face of e-business work is discussed on the basis of the MTO- (Mensch-Technik-Organisation) model (Ulich 1994). Thereby new and interesting results of researches are found out, concerning the personal/human side, the technical side and the organisational side of e-business work.

On the welfare costs of business-cycle fluctuations and economic-growth variation in the 20th century and beyond

The main objective of this paper is to propose a novel setup that allows estimating separately the welfare costs of the uncertainty stemming from business-cycle uctuations and from economic-growth variation, when the two types of shocks associated with them (respectively,transitory and permanent shocks) hit consumption simultaneously. Separating these welfare costs requires dealing with degenerate bivariate distributions. Levis Continuity Theorem and the Disintegration Theorem allow us to adequately de ne the one-dimensional limiting marginal distributions. Under Normality, we show that the parameters of the original marginal distributions are not afected, providing the means for calculating separately the welfare costs of business-cycle uctuations and of economic-growth variation. Our empirical results show that, if we consider only transitory shocks, the welfare cost of business cycles is much smaller than previously thought. Indeed, we found it to be negative - -0:03% of per-capita consumption! On the other hand, we found that the welfare cost of economic-growth variation is relatively large. Our estimate for reasonable preference-parameter values shows that it is 0:71% of consumption US$ 208:98 per person, per year.

Approaching unbanked people: a person-to-person payment application on Facebook

More than 2.5 billion people are still unbanked and they do not access or use financial services. In this paper, we present an innovative service that allows Santander University Smart Card holders to make person-to-person payments to their friends, using different social channels, such as Telegram, Facebook or Twitter. Our first implementation is based on Facebook, one of the most used social networks. This approach allows the service to reach a great number of potential users but the delivery and stability of the service depends on an external provider. We include the description of the service architecture, its implementation, tests, and the lessons learned from the development. We also discuss pros and cons of the third party service dependency from the technical and business viewpoints.

Small business owners’ success criteria, a values approach to personal differences

This study of 150 Dutch small business owners, identified through business/ network directories, investigated relationships between owners’ understanding of success and their personal values. Business owners ranked 10 success criteria. Per- sonal satisfaction, profitability, and satisfied stakeholders ranked highest. Multidi- mensional scaling techniques revealed two dimensions underlying the rank order of success criteria: person-oriented (personal satisfaction versus business growth) and business-oriented (profitability versus contributing back to society). Furthermore, business growth, profitability, and innovativeness were guided by self-enhancing value orientations (power and achievement). Softer success criteria, such as having satisfied stakeholders and a good work–life balance, were guided by self-transcendent value orientations (benevolence and universalism).

Modelling the E-business requirements of manufacturing organisations

This paper describes a model designed to recommend solutions to an organisation's e-business needs. It is designed to produce objective results based on perceived characteristics, unbiased by prejudice on the part of the person using the model. The model also includes a way of encapsulating the potential management concerns that may change for good or ill the likely relevance and probability of success of such solutions. The model has been tested on 13 case studies in small, medium and large organizations. © IFAC.

Family Business Succession in Austria – Satisfaction and the Incumbent-successor Relationship

The transfer of businesses contributes to the dynamics and the development of the economy in Austria. Successful transfers generate numerous positive impacts. Securing both employment and investment, creating new jobs and stimulating growth are some of these effects. Failed transfers can contribute to negative effects, including the loss of jobs and an economic slowdown. Over recent years the number of business handovers in Austria has been rising. The forecasts show that this number will remain high over the next few years. Between 2015 and 2024 more than 42,000 economically sound SMEs will face the challenge of finding an appropriate successor. This means that 26 % of all Austrian SMEs (excluding one-person businesses) and 29 % of all employees in these companies will be affected. The aim of this paper is to provide a multi-faceted discussion of the relevance of affective components in family business transfers. A “good” relationship between the successor and the departing owner fosters the success of a transfer. This relationship involves, among others, the willingness to share relevant information, openness and respect. The satisfaction (with the completed business transfer) is closely interrelated with the relationship between the successor and the departing owner. Consequently, we can assume that affective and emotional components can indeed shape the success of business transfers. Based on that, new future research opportunities are outlined.

Within- and between-person variations as determinant factors to calculate the number of observations to estimate usual dietary intake of adolescents

This cross-sectional study describes the variation in the dietary intake of energy and macronutrients based on estimated coefficients of within- and between-person variation and intends to calculate the number of days required to evaluate the dietary intake of adolescents in Piracicaba, Brazil. The sample was made up by ninety-two adolescents aged between eleven and sixteen years. Interviews were performed to assess demographic, anthropometric and dietary variables, which were evaluated by the answers obtained through two 24-hour recalls. Descriptive analyses were performed and variances and Coefficients of variation within- and between-person were obtained by results of one-way ANOVA. The mean energy intake observed was 2,326.2 kilocalories; mean macronutrient intake came to 89.0 grams of fatty acids, 305.3 grams of carbohydrates and 82.2 grams of proteins. Coefficients of within-person variation ranged from 36% to 45%, while between-person coefficients varied from 26% to 31%. Variance ratios ranged from 1.35 (carbohydrate) to 2.62 (protein). The lowest number of observations required to correctly evaluate the usual diet calculated (r = 0.90) was six days, for carbohydrates while the highest was eleven, for proteins. Coefficients of variation were similar to those observed in international studies. We conclude that, in this study, two observations were sufficient to obtain reasonable correlations. However, six evaluations are necessary for these adolescents in order to obtain excellent correlations.

A reference business process for ecological niche modelling

Ecological niche modelling combines species occurrence points with environmental raster layers in order to obtain models for describing the probabilistic distribution of species. The process to generate an ecological niche model is complex. It requires dealing with a large amount of data, use of different software packages for data conversion, for model generation and for different types of processing and analyses, among other functionalities. A software platform that integrates all requirements under a single and seamless interface would be very helpful for users. Furthermore, since biodiversity modelling is constantly evolving, new requirements are constantly being added in terms of functions, algorithms and data formats. This evolution must be accompanied by any software intended to be used in this area. In this scenario, a Service-Oriented Architecture (SOA) is an appropriate choice for designing such systems. According to SOA best practices and methodologies, the design of a reference business process must be performed prior to the architecture definition. The purpose is to understand the complexities of the process (business process in this context refers to the ecological niche modelling problem) and to design an architecture able to offer a comprehensive solution, called a reference architecture, that can be further detailed when implementing specific systems. This paper presents a reference business process for ecological niche modelling, as part of a major work focused on the definition of a reference architecture based on SOA concepts that will be used to evolve the openModeller software package for species modelling. The basic steps that are performed while developing a model are described, highlighting important aspects, based on the knowledge of modelling experts. In order to illustrate the steps defined for the process, an experiment was developed, modelling the distribution of Ouratea spectabilis (Mart.) Engl. (Ochnaceae) using openModeller. As a consequence of the knowledge gained with this work, many desirable improvements on the modelling software packages have been identified and are presented. Also, a discussion on the potential for large-scale experimentation in ecological niche modelling is provided, highlighting opportunities for research. The results obtained are very important for those involved in the development of modelling tools and systems, for requirement analysis and to provide insight on new features and trends for this category of systems. They can also be very helpful for beginners in modelling research, who can use the process and the experiment example as a guide to this complex activity. (c) 2008 Elsevier B.V. All rights reserved.