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Zadęcka, Ewa. "Bezwzględny zakaz reklamy kancelarii adwokackich w realiach współczesnego funkcjonowania rynku usług prawniczych." Przegląd Prawa i Administracji 115 (February 26, 2019): 97–106. http://dx.doi.org/10.19195/0137-1134.115.7.
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AN ABSOLUTE BAN ON THE ADVERTISING OF LAWYER’S OFFICES IN THE REALITIES OF THE CONTEMPORARY FUNCTIONING OF THE LEGAL SERVICES MARKETRunning a lawyer’s office in the current realities of the legal services market is a challenge. An advocate must possess not only legal knowledge but also demonstrate knowledge of market mechanisms. Nowadays, the client decides which lawyer to choose, and this forces lawyers to take action in order to acquire and maintain clients. Hence, marketing instruments typical for other service markets are increasingly used to build and achieve market advantage. However, there are numerous barriers on the legal services market that hinder or even prevent extensive marketing activities. Advertising is the main concern here, as its use by attorneys is strictly prohibited. The question arises as to whether in the present reality the provision contained in the Collection of Rules on Barrister’s Ethics and Dignity of Profession and other regulations limiting the use of marketing should not be subject to liberalization.
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Metzger, Michael B. "Managing our “inner lawyer”." Business Horizons 52, no. 1 (January 2009): 7–12. http://dx.doi.org/10.1016/j.bushor.2008.07.006.
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Schmidt, Albert J. "Marketing Property in Eighteenth-Century England: Lawyer History in the Huntington Library's Stowe Collection." Huntington Library Quarterly 62, no. 1/2 (January 1999): 115–43. http://dx.doi.org/10.2307/3817811.
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Bialowolski, Piotr, and Dorota Weziak-Bialowolska. "What Does It Take to Be a Good Lawyer? The Underpinnings of Success in a Rapidly Growing Legal Market." Sustainability 13, no. 11 (May 22, 2021): 5841. http://dx.doi.org/10.3390/su13115841.
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The study identified the principal professional domains leading to success in legal professions. Based on a sample of 300 Polish attorneys, with the use of confirmatory factor analysis and 22 specific items, four principal domains of success were discerned—professional skills, marketing skills, reputation, and ethics. The evolution of these domains in Poland between 2005 and 2017 was examined, revealing that the importance of marketing skills significantly increased, while the remaining three domains lost importance over the study period. The results also indicated that legal professionals were more inclined to value professional skills, marketing skills, and ethics when their clients had an ability to measure the quality of legal service provided. The same domains transpired as important for lawyers, who attributed high importance to the role of the bar.
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Atav, Gizem, Subimal Chatterjee, and Rajat Roy. "To forgive or retaliate? How regulatory fit affects emotional reactions and repurchase decisions following product failures." Journal of Consumer Marketing 38, no. 4 (June 15, 2021): 397–409. http://dx.doi.org/10.1108/jcm-05-2020-3843.
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Purpose When a product fails out of negligence on the seller’s part, consumers can either retaliate against the seller, more so if a third party encourages them to do so, or forgive the seller should the seller express remorse. This paper aims to examine how the fit between the consumer’s promotion/prevention regulatory orientation and the promotion/prevention frame of a message of contrition (retaliation), such as an apology from a chief executive officer (CEO) (a class action suit threat by a lawyer), affects such forgiveness (retaliation) intentions in the form of product repurchase decisions. Design/methodology/approach In two laboratory experiments, this paper temporally induces a promotion or prevention orientation in the study participants and thereafter ask them to imagine experiencing a product failure and listening to (1) the CEO apologize for the harm (eliciting sympathy/encouraging repurchase); or (2) a lawyer inviting them to seek damages for the harm (eliciting anger/discouraging repurchase). This paper frames the messages from the CEO/lawyer such that they fit either with a promotion mindset or with a prevention mindset. Findings This paper finds that, following a message of apology, a frame-focus fit (compared to a frame-focus misfit) elicits sympathy and encourages repurchase universally across promotion and prevention-oriented consumers. However, following a message encouraging retaliation, the same fit elicits anger and discourages repurchase more among prevention-oriented than promotion-oriented consumers. Originality/value Although past research has investigated how regulatory fit affects forgiveness intentions, this paper fills three research gaps therein by (a) addressing both forgiveness and retaliation intentions, (b) deconstructing the fit-induced “just right feelings” by exploring their underlying emotions of sympathy and anger, and (c) showing that fit effects are not universal across promotion and prevention-oriented consumers. For practice, the results suggest that managers can lessen the fallout from product failures by putting consumers in a promotion mindset that strengthens the effect of a promotion-framed apology and inoculates them against all types of retaliatory messages.
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Friedman, Frank B. "Corporate Environmental Programs and Litigation: The Role of Lawyer-Managers in Environmental Management." Public Administration Review 45 (November 1985): 766. http://dx.doi.org/10.2307/3135034.
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Molé, Ronald B. "Perspectives — Masters of Brinkmanship: Reflections of an in-house pharmaceutical lawyer." Journal of Medical Marketing 4, no. 2 (April 1, 2004): 163–65. http://dx.doi.org/10.1057/palgrave.jmm.5040157.
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Sheehan, Margaret. "Selling structured products to retail investors in the US." Journal of Investment Compliance 18, no. 3 (September 4, 2017): 59–63. http://dx.doi.org/10.1108/joic-06-2017-0041.
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Purpose To explain the inherent risks, draw attention to SEC and FINRA guidance, and suggest ways to limit and control the sale of structured securities to retail investors. Design/methodology/approach Explains potential problems with the sale of structured securities to retail investors; recommends marketing, disclosure, training, suitability, and supervision guidelines; summarizes the results of an SEC sweep examination; draws conclusions. Findings Both the SEC and FINRA have stopped short of saying that retail sales of structured products is unsuitable per se, but both have demonstrated unease about this activity and clearly indicated that firms who engage in it have heightened and specific disclosure, training, suitability and supervisory obligations. Practical implications Although firms certainly can sell these products in the retail market in a responsible and compliant manner, they should do so with thought, preparation and caution, because the regulatory agencies are watching. Originality/value Practical guidance from experienced financial services and securities lawyer concentrating on investment advisers and broker-dealers.
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Jamaan, Ahmad, Muhammad Saeri, Yessi Olivia, Yusnarida Eka Nizmi, and Irwan Iskandar. "Kewirausahaan bagi pengungsi asing dan pencari suaka di Pekanbaru pada masa pandemi Covid-19." Unri Conference Series: Community Engagement 2 (December 30, 2020): 275–80. http://dx.doi.org/10.31258/unricsce.2.275-280.
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The existence of foreign refugees in Pekanbaru has had an external impact on the social environment of the society in which they are accommodated. Internally, the prohibition of refugees to work formally, it has had the impact of reducing the economic capacity of the refugees itself. Even though, many of them while in their home countries have special professions such as lecturer, lawyer, journalist, and others. Dealing with this reason, in order to strengthen the economy for refugees in Pekanbaru, community service activities are held in the form of introducing and exploring the potential of refugees, socializing the existence of refugees to the society, and entrepreneurship assistance. The activity of entrepreneurship is implemented through three components, namely entrepreneurial motivation, assistance in making products characterized by the country of origin of refugees and the introduction and marketing of these entrepreneurial products. Thus, this community service activities can provide the business independence for refugees in making culinary products and painting crafts. In its implementation, this community service could run well without the presence of refugees and asylum seekers because of absence of permission during Pandemic COVID-19 in Pekanbaru
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McGregor-Lowndes, Myles, and Frances Hannah. "Marketing charitable bequests to lawyers." International Journal of Nonprofit and Voluntary Sector Marketing 17, no. 1 (May 17, 2011): 1–12. http://dx.doi.org/10.1002/nvsm.413.
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Trombetta, William. "Marketing legal services: Real lawyers don't read marketing journals." Services Marketing Quarterly 6, no. 1 (1990): 3–6. http://dx.doi.org/10.1080/15332969.1990.9984961.
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Santos, Siméia de Azevedo, and Alexandre Luzzi Las Casas. "The Practice of Marketing in Law Offices: Professionals Opinion." Journal of Business and Economics 10, no. 8 (August 20, 2019): 751–60. http://dx.doi.org/10.15341/jbe(2155-7950)/08.10.2019/006.
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Brazil is one of the countries that, in proportion to its population, has one of the largest numbers of lawyers, losing only to the United States and India. In this scenario of demand for the profession, and given a large number of corporate law firms in Brazil, and especially in the south-east of the country, this research aims to explore the practice of marketing in lawyer’s office based on concepts of service marketing. To reach the objective of the study, the first part of the research aims to clarify the functioning and some particularity of law firms, as well as the disclosure and marketing restrictions that the sector has. The research presented is made up of two studies: a market study conducted in 2015 on legal marketing of corporate-oriented offices, and the other by a survey conducted with professionals from the same market research field, law firms focused on corporate service, updating part of the issues raised and confronting possible changes in the perception of this public. The main analyzes point to the importance of all tools or a set of tools working together, but in the research done with professionals in 2018 reveals a perception that staying present in the events is a more effective way to do marketing in this sector, reinforcing the concept of relationship in service marketing.
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Othman, Mohd Bahrin Bin, Hariz Sufi, Faridah Binti Hussain, Sarah Munirah Binti Abdullah, and Kemala Binti Alang. "Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, no. 10 (October 10, 2021): 443–55. http://dx.doi.org/10.47405/mjssh.v6i10.1080.
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The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward, the Malaysian legal profession remains unchanged. This concept paper investigates the adequacy of the Legal Profession (Publicity) Rules 2001(“LPPR 2001”) in legalising publicity, advertising and marketing. This paper adopts a qualitative research methodology with doctrinal and comparative approaches. Firstly, this paper focuses on content analysis of statutes as the primary source of law. Secondly, content analysis on secondary sources of law including journal articles, and online sources. Thirdly, conducting a comparative study by analysing the primary and secondary sources of law in other jurisdictions. This paper explains that lawyers must be allowed to innovate into new methods in publicising, advertising and marketing themselves. Society will greatly benefit from this as they will be more informed and knowledgeable in engaging the service of lawyers of their choice. This paper ends by suggesting that there is a dire need to legalise the publicity, advertising and marketing of the legal profession in Malaysia. Thus, this research is significant to the development of the legal profession in Malaysia.
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Hussain, Wan Mohd Hirwani Wan, Zinatul Ashiqin Zainol, and Noor Inayah Yaakub. "Internet legal service marketing: are Malaysian lawyers getting left behind?" International Journal of Liability and Scientific Enquiry 3, no. 1/2 (2010): 155. http://dx.doi.org/10.1504/ijlse.2010.031830.
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Rohr, John A. "Activist Lawyers Repent." Public Administration Review 64, no. 4 (July 2004): 500–501. http://dx.doi.org/10.1111/j.1540-6210.2004.00395.x.
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Ghanty, Jacob, Justin Cornelius, Matthew Baker, and Chris Ormond. "Marketing funds in Europe: a practical look at the marketing regime under the Alternative Investment Fund Managers Directive 2011/61/EU and other regulatory requirements." Journal of Investment Compliance 15, no. 3 (August 26, 2014): 20–27. http://dx.doi.org/10.1108/joic-07-2014-0030.
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Purpose – To provide a practical look at the Alternative Investment Fund Managers Directive 2011/61/EU (AIFMD) and other regulatory requirements as they pertain to marketing funds in Europe. Design/methodology/approach – A series of questions and answers exploring some of the principal issues to be aware of when raising a fund in Europe. AIFMD is the key focus, but we also examine other financial regulation that may apply alongside AIFMD, as well as cross-border implications of any marketing initiative. Findings – One of the original aims of AIFMD was to harmonise the management and marketing of alternative investment funds in Europe so that a uniform set of rules will eventually apply. However, in the meantime, the law and regulations relating to marketing are particularly complicated, with a wide range of different requirements that may apply depending on who you are and where you are marketing. Originality/value – Practical guidance from experienced investment management and financial regulatory lawyers.
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Dardak, Rozhan Abu, and Farzana Quoquab. "Urea-molasses mineral block: it's time to make a decision." Emerald Emerging Markets Case Studies 5, no. 2 (April 16, 2015): 1–8. http://dx.doi.org/10.1108/eemcs-07-2014-0189.
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Subject area New product development (NPD), entrepreneurship and strategic management. Study level/applicability Advanced undergraduate, MBA/MSc in Marketing and Management course that cover the topics on NPD. Case overview This case illustrates that commercialization of a new product requires a proper strategic direction to make it a reality. The case fact is positioned in livestock feed industry centered on commercialization of a newly developed urea-molasses mineral block (UMMB) or called Nutriblock. Dr Wan, a Senior Principal Research Officer of Malaysian Agricultural Research and Development Institute (MARDI), developed food supplement for ruminants which contained urea, molasses, vitamins, minerals and other nutrients. Dr Wan believed that the UMMB was a better quality food supplement compared to products in the markets because it contained 12 raw feed ingredients and an anthelmintic medication. After almost 10 years of research, in 2003, Dr Wan completed his research and, thus, wanted to get a suitable way to commercialize this product. He had two options: commercializing the technology through licensing of intellectual property right (IPR), or to transfer it as a public domain. The Business Development Unit(BDU) was responsible for the former option, whereas Centre for Promotion and Technology Transfer (CPPT) was in charge for the latter. At the beginning of2006, MARDI decided to commercialize the Nutriblock through licensing the IPR to March Avenue Technology Sendirian Berhad (March Avenue), a newly formed company. March Avenue was formed byKarthiir, a lawyer and Ma Irwan, an electrical engineer. The operation was going smoothly for the first two years. However, problem started in 2008 when Karthiir left the company due to some disagreement with Ma Irwan. Since then, March Avenue failed to achieve its sales target that seriously affected its profit level. Moreover, it suffered from internal management problem. The company finally closed down at the end of 2009. By this four year of operation, March Avenue failed to pay any royalty to MARDI. This circumstance forced Dr Wan to think seriously about his next move regarding choosing the right way of commercializing his Nutriblock. MARDI requested him to give his opinion by January 15, 2010 about whether to give another chance to BDU to commercialize this technology through IPR or to go for public domain under CPPT? Expected learning outcomes Using this case, students can learn that new product development and its commercialization requires proper strategic directions. It illustrates the importance of managing the commercialization of a new product effectively. NPD involves many stages, and it is important to manage every stage properly. This is because a “high-quality product” and/or a “new to the market” product are not enough to succeed in the market. In other words, producing a “product that meets market needs” must be combined with appropriate strategies. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.
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Vale, Lucélia Largura do, Ademir Luiz Vidigal Filho, Marcos Tadeu Simões Piacentini, Alexandre Leonardo Simões Piacentini, Valdinei Leones de Souza, and Robson Rodrigo Fabre. "Personal Marketing in the Exercise of the Profession Lawyers in Cacoal City, Rondônia/ Brazil." International Journal of Advanced Engineering Research and Science 6, no. 9 (2019): 224–28. http://dx.doi.org/10.22161/ijaers.69.25.
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Hill, C. Jeanne, S. J. Garner, and Michael E. Hanna. "Investigating Differences in Choice Decisions for Physicians, Dentists and Lawyers." Health Marketing Quarterly 10, no. 3-4 (August 4, 1993): 147–61. http://dx.doi.org/10.1300/j026v10n03_11.
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Hart, Dennis G., David A. Jr Guichon, Michael J. Laffin, and Michael A. Thackray. "Recent Legislative and Regulatory Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 29, no. 1 (January 1, 1991): 223. http://dx.doi.org/10.29173/alr700.
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The purpose of this paper is to provide a brief review of recent legislative and regulatory developments of particular interest to oil and gas lawyers. In addition to reporting on recent changes in statutes and regulations, and recent decisions and published policy statements of administrative bodies, the paper also discusses a number of legislative and regulatory developments which are still evolving. In order to place some limit on the scope of the paper, only federal and Alberta legislative and regulatory developments are reported. The exception to this limitation is a report on recent Ontario Energy Board decisions relating to the marketing of natural gas.
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Sergius Koku, Paul. "Turf wars or a misunderstanding of roles: an examination of the relationship between marketers and lawyers within the corporation." Journal of Services Marketing 21, no. 1 (February 27, 2007): 15–23. http://dx.doi.org/10.1108/08876040710726266.
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Ivshin, V. G., and A. V. Litvin. "FEATURES OF LEGAL TRAINING OF MASTERS IN ECONOMICS AND SPORTS MARKETING." Bulletin of Udmurt University. Series Economics and Law 30, no. 2 (April 23, 2020): 312–15. http://dx.doi.org/10.35634/2412-9593-2020-30-2-312-315.
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The article deals with the issues of legal training of masters in sports economics. Sport is an important component of the economy, which involves significant financial resources and a large number of workers. For a long time, sports, economics, and law were considered as three separate areas of activity. At the present stage, everything has changed dramatically: it has become possible to earn good money in sport, and as a result, sport needs well-trained, professional economists and lawyers. It is noted that the current Federal state educational standard of higher education (FSES) in the direction of 38.04.01 “Economics” (master's level) does not contain competencies that indicate the need for masters to obtain knowledge and skills in the field of law. And the issues of organizing and managing sports at various levels require parallel consideration of a whole complex of interrelated economic and legal components. A comparative analysis of the content of legal training programs for masters in sports economics in Russia and Germany is given.
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Greene, David, Barton Clark, Cheryl Coe, Sean FitzGerald, Nancy Kowalczyk, Adam Kestenbaum, Yvette Valdez, and Ashley Weeks. "Marketing non-US private equity funds in the United States: a roadmap through the various regulations and tax implications." Journal of Investment Compliance 18, no. 1 (May 2, 2017): 92–104. http://dx.doi.org/10.1108/joic-02-2017-0016.
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Purpose To discuss general legal considerations for non-US private equity sponsors who seek to market their funds to US institutional investors. Design/methodology/approach Explains relevant aspects of US securities laws, commodity exchange laws, pension and employee benefit plan laws, federal income tax laws, and the Foreign Account Tax Compliance Act (FATCA). Findings The evolving US regulatory regime necessitates careful planning and thorough knowledge of relevant laws and regulations to effect a successful US marketing effort. Originality/value Practical guidance from experienced investment funds and tax lawyers.
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Preston, Ivan L. "The Scandalous Record of Avoidable Errors in Expert Evidence Offered in FTC and Lanham Act Deceptiveness Cases." Journal of Public Policy & Marketing 11, no. 2 (September 1992): 57–67. http://dx.doi.org/10.1177/074391569201100206.
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A content analysis is reported on evidence introduced in deceptive advertising cases, evidence that is erroneous, meaning rejected as unable to establish the factual finding it was introduced to support. Further, this evidence is avoidably erroneous, meaning the invalidity and consequent rejection were predictable in advance on the basis of the professional knowledge of lawyers or researchers. The result is discussed as happening because of the nature of legal action and because of the interaction of lawyers and researchers. Implications of such avoidably erroneous evidence are discussed and suggestions are made for ways to eliminate them.
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CANNADY, CYNTHIA. "North–South trade in intellectual property: can it be fair?" World Trade Review 3, no. 2 (July 2004): 317–28. http://dx.doi.org/10.1017/s1474745604001843.
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For many developing countries trading in intellectual property has been a spectator sport. Active play in the high stakes game of ‘trading in knowledge’ has been for a few wealthy countries whose institutions and citizens own intellectual property (IP). These IP-owner countries have the equipment needed to play – the funding systems, patent lawyers, marketing support services, and thriving government subsidized research labs and universities – enabling them to turn their research and development into IP, intangible but highly valuable financial assets. In the game of ‘trading in knowledge’, capturing strategic IP portfolios is the goal, and lucrative licensing contracts are the touchdown.
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Sims, Stephen, Patrick Brandt, and Greg Norman. "AIFMD passport: Europe must try harder." Journal of Investment Compliance 17, no. 2 (July 4, 2016): 10–16. http://dx.doi.org/10.1108/joic-04-2016-0019.
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Purpose To explain two papers published by the European Securities and Marketing Authority (ESMA) covering the application of the mar-keting “passport” under the Alternative Investment Fund Managers Directive (AIFMD). Design/methodology/approach Explains ESMA’s first paper, containing an advice to the European Parliament, Council and Commission (collectively the Trilogue) on the potential application of the AIFMD passport to non-EU Alternative Investment Fund Managers (AIFMs) and Alternative in-vestment Funds (AIFs), and a second paper, containing ESMA’s opinion on the current functioning of the AIFMD (currently used by EU AIFMs marketing EU AIFs in the EU) and National Private Placement Regimes (NPPRs, used for marketing by non-EU AIFMs and non-EU AIFs). Findings The ESMA papers were disappointing because they gave far less guidance and encouragement than anticipated that AIFs located in major jurisdictions such as the US and the Cayman Islands will be any easier to market to EU professional investors in the near future. Practical implications AIFMs (both inside and outside the EU) who are already using, or intending to use, the NPPRs should take some comfort that it seems highly unlikely that these regimes will be removed in the near future. Originality/value Practical guidance from experienced financial services lawyers.
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Grace, Anthony Richard, Lorelle Frazer, Scott K. Weaven, and Rajiv P. Dant. "Building franchisee trust in their franchisor: insights from the franchise sector." Qualitative Market Research: An International Journal 19, no. 1 (January 11, 2016): 65–83. http://dx.doi.org/10.1108/qmr-09-2014-0085.
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Purpose – The purpose of this research is to identify the critical determinants of a franchisee’s trust in their franchisor. Design/methodology/approach – A qualitative approach was used, and 30 interviews were conducted with franchising participants. The first phase of the research consisted of exploratory interviews with franchising experts (franchise lawyers, accountants, consultants, mediators and bankers), and the second phase consisted of semi-structured interviews with franchisees and franchisors across two franchise systems. Findings – The research revealed five critical determinants of a franchisee’s trust in their franchisor: franchisee’s engagement in the system, franchisee’s confidence in the system, franchisee’s perception of a strong team culture, franchisee’s perception of franchisor competence and franchisee’s perception of franchisor character. Practical implications – The research provides insight into how the aforementioned components can be developed within a franchise system to build franchisee trust. The paper also concludes with four practical recommendations that can be integrated within a franchise system to increase levels of franchisee trust. Originality/value – This research builds on prior research into franchisee trust, providing an original contribution to the literature through the development of a practical model, showcasing critical determinants of a franchisee’s trust in their franchisor.
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Hite, Robert E., and Edward Kiser. "Consumer's attitudes toward lawyers with regard to advertising professional services." Journal of the Academy of Marketing Science 13, no. 1-2 (December 1985): 321–39. http://dx.doi.org/10.1007/bf02729723.
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Putri, Dita Sukmawati, Djatmika, and Miftah Nugroho. "Impoliteness Manoeuvres and Its Motives in Indonesia Lawyers Club Talk Show." International Journal of Linguistics, Literature and Translation 4, no. 12 (December 21, 2021): 122–31. http://dx.doi.org/10.32996/ijllt.2021.4.12.14.
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The use of impolite language is often found in various areas of conversation, both formal and informal conversations. Being polite is different from speaking rudely. Impoliteness is often expressed with harsh words. Impoliteness can be expressed even with a sentence of praise. The Indonesia Lawyers Club talk show is a television program that presents formal discussions on political and government issues in Indonesia. This study focuses on the reasons for using impoliteness that occurs in the dialogue on the Indonesia Lawyers Club talk show. This research is a qualitative descriptive study using a pragmatic approach. The data in this study are in the form of dialogues that contain impoliteness. The source of this research data is taken from the talk show Indonesia Lawyers Club. The data analyzed in this study are in the form of natural oral data. The data analysis method used is the referential equivalent method. The presentation of data analysis used is informal presentation techniques. The results of this study indicate the discovery of 4 impoliteness strategies and 3 reasons for using impoliteness. The 4 strategies are bald on record, positive impoliteness, negative impoliteness, and mock politeness. The reasons for using impoliteness in the Indonesia Lawyers Club talk show include the feeling that their opinion is the most correct, wanting to embarrass the speech partner and the speaker's personal interests.
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Fourie, Ina, and Herman Fourie. "Targeting users in information provision – more than researchers, students and professionals." Library Hi Tech 32, no. 1 (March 11, 2014): 164–72. http://dx.doi.org/10.1108/lht-10-2013-0143.
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Purpose – A previous contribution set the scenario for pursuing options to find a balance between information communication technology (ICT), information retrieval systems (IRS) such as databases, library catalogues, repositories, Google Scholar, digital libraries, portals, search engines and the users of these systems. This contribution seeks to pursue the issues by asking how information service providers can target their users. The emphasis is on making a difference, and to move beyond merely targeting researchers, postgraduate students and professionals such as doctors, chemists, and lawyers. Design/methodology/approach – The contribution will be written against the background of research from information behaviour, user studies and marketing. Findings – Information services and database producers mostly focus on postgraduate students, researchers and professionals. There is little support for undergraduate students and novices to a profession. Acknowledging preferences for Google and social media, more effort is required to gain the interest and loyalty of upcoming professionals – starting with undergraduate students. Originality/value – Although there are many publications on user studies and marketing in the library and information science literature, this contribution aims to draw on new ways of targeting users, and to note new potential user groups.
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Ajgaonkar, Mihir. "The “d’you” story: gearing the startup during the pandemic." Emerald Emerging Markets Case Studies 12, no. 2 (August 12, 2022): 1–25. http://dx.doi.org/10.1108/eemcs-06-2021-0198.
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Learning outcomes This case focuses on the scaling up of the business. The students/the users of the case will be able to understand the following:1. to analyse the present state of the business to identify the actions necessary for scaling up;2. awareness of the leadership styles demonstrated by the entrepreneurs to grow the business;3. the concept of pivoting for business expansion; and4. organisation building and life cycles for business growth. Case overview/synopsis Shamika was a lawyer by profession and had a successful career with leading law firms in India, North America and Hong Kong. She was passionate about beauty and skincare and developed a keen interest in that business. Shamika extensively researched brand management, supply chain and production. She had a burning desire to be an entrepreneur in the skincare business. So, she founded the brand “d’you”.The skin care industry in India had seen massive growth. There was a huge increase in people’s interest in cosmetics because of the rapid rise of the middle class. The skincare industry was dominated by firms offering various herbal products. Multiple product categories and a large amount of information confused the end-consumers. Shamika identified an opportunity to offer a skincare product to eliminate the need for a consumer to use multiple serums and compete with products of repute from the international market.South Korea was the top manufacturing hub for skincare products for all leading international brands. Shamika approached many manufacturers there to produce a unique formulation for her. It was challenging to get them interested because of the lack of big orders and the language barrier. Phoenix Cosmetics, a top R&D lab, agreed to partner with Shamika.In spite of severe opposition from her family, Shamika established d’you. She had to figure out customs duties, imports and food and drug regulations. She had to get specialists on board early to avoid time and cost overruns. To be cost-effective, Shamika innovated her promotion strategy. A special airless pump packaging from South Korea was finalised for the product.The pandemic outbreak, national lockdown and pressures of trying to run the business alone were very taxing for Shamika. She struggled to manage the timelines with various agencies, engage with Phoenix and maintain a steady flow of imports from South Korea.After the relaxation of lockdown, Shamika launched “Hustle”, an age- and gender-neutral solution to the skincare woes, in October 2020. She extensively used digital marketing and social media for product promotion and set high service standards. Hustle was recognised in micro beauty awards as the best serum in India. The leading fashion magazines reviewed it very positively. The sales zoomed up.Shamika initiated discussions with venture capitalists (VCs) to scale up. VCs, though positive, were surprised that she had no prior background in skincare. She strategised to create new products with Phoenix, who now desired to collaborate with her after the success of Hustle.Shamika felt the need to expand her team because of the workload stress. She followed the rolling business plan, allowing an immediate course correction because of the dynamic business scenario. She desired to delegate day-to-day operations to the professionals. She would mainly focus on strategising. Shamika was raring to grapple with the challenge of scaling up the business. Complexity academic level This case can be used in courses on organisation behaviour and human resource management in postgraduate and graduate management programmes. It can also be used in general and development management courses and during executive education programmes to teach entrepreneurial leadership and organisation theory. Supplementary materials Teaching notes are available for educators only. Subject code CSS 6: Human resource management
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Caccese, Michael S., Clair Pagnano, Eden Rohrer, and Xiomara Corral. "FINRA issues interpretive guidance on related performance in institutional communications." Journal of Investment Compliance 18, no. 4 (November 6, 2017): 36–39. http://dx.doi.org/10.1108/joic-08-2017-0058.
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Purpose To analyze the June 9, 2017 Financial Industry Regulatory Authority, Inc. (“FINRA”) interpretive letter permitting the use of Related Performance Information in continuously offered closed-end registered investment company sales materials distributed solely to institutional investors. Design/methodology/approach Provides background, including the application of FINRA Rule 2210, and explains the conditions under which fund marketing materials may contain Related Performance Information. Findings While the interpretive letter will not result in a fundamental shift in the Industry’s approach to providing Related Performance Information of open- and closed-end funds to institutional investors, it also represents FINRA’s ongoing recognition that communications provided solely to institutional investors do not raise the same investor protection concerns as communications provided to retail investors. Originality/value Expert guidance from experienced investment management and investment fund lawyers.
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Perrigot, Rozenn, Andrew Terry, and Cary Di Lernia. "Good faith in franchising." International Journal of Retail & Distribution Management 47, no. 3 (March 11, 2019): 246–61. http://dx.doi.org/10.1108/ijrdm-02-2018-0043.
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PurposeThe relational nature of franchising flowing from the contract between franchisor and franchisee which enshrines a close, continuing relationship raises the issue of good faith. While there are academic papers analyzing good faith, these do not capture the practical understanding and expression of the concept and the manner and application in which it operates in the real world of franchising. The purpose of this paper is to assess how good faith is defined and understood by franchise practitioners – franchisees, franchisors and their legal advisors.Design/methodology/approachThe authors have adopted a qualitative approach by conducting and analyzing a series of 18 in-depth interviews with franchisees, franchisors and lawyers specializing in franchising.FindingsThe findings show that good faith is particularly important in franchising because of the disparity in the knowledge and power of the parties. They suggest that good faith is not only a legal notion but also a notion that is linked to the personal relationship between the franchisor and its franchisees. It then plays an important role in terms of management of this relationship and of the system as a whole. Moreover, they demonstrate that there is not one single shared understanding of good faith amongst franchising practitioners. Indeed, franchisees, franchisors and specialist franchise lawyers suggested that good faith can refer to transparency, trust, loyalty, fairness and equity amongst the franchisees, fair play, frankness, respect, ethics, kindness, “best efforts” and personalities.Originality/valueThe originality of the research lies in the fact that good faith is examined through the voice of franchising practitioners who explain how they define and understand good faith rather than through a detached academic lens.
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Forte, Angelo D. M. "A Great Future Behind it? Scottish Commercial Law and the Millenium." European Review of Private Law 2, Issue 3/4 (December 1, 1994): 375–97. http://dx.doi.org/10.54648/erpl1994042.
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Abstract. Has Scottish commercial law become Anglicised and lost its separate identity? The major exponents of the ‘civilian’ school of thought, with their emphasis on Roman Law, thought that it had but that the victim might still be rescued provided Scots lawyers remembered their civilian heritage. This paper challenges the view that a civilian and Romanist approach has anything to offer modem Scottish commercial lawyers. It argues that economic imperatives outweight nationalist and parochial arguments and that not only Scots but also English commercial law has to make compromises. The paper also asserts the importance of marketing commercial law and argues that, in this respect, Scottish lawyers have shown themselves to be no less adept than their English counterparts. Far from being moribund, Scottish commercial law is thriving and vigorous and, most importantly, relevant to the needs of commerce in the UK, Europe, and beyond. Résumé. Le droit commercial écossais a-t-il commencé à être anglicisé et a-t-il de ce fait perdu son identitité? Les principaux tenants de l’école de pensée civiliste, qui insistent sur leur héritage romaniste, le pensent mais estiment que la victime pourrait en être sauvée si les juristes écossais se souvenaient de leur héritage civiliste. Le présent article défend l’idée selon laquelle une approche civiliste et romaniste a encore aujourd’hui quelque chose à offrir aux commercialistes écossais. Il y est en particulier soutenu que les impératifs économiques ont plus de poids que les arguments provinciaux et nationalistes et que ce n’est pas seulement le droit commercial écossais, mais aussi le droit anglais, qui doivent faire des compromis. L’auteur mentionne en outre l’importance du droit commercial relatif au marché et soutient à cet égard les juristes écossais ont montré qu’ils n’étaient pas moins habiles que leurs confrères anglais. Loin d’être moribond, le droit commercial écossais démontre ainsi sa vigueur et, ce qui est plus important, se révèle adapté aux besoins du commerce en Grande-Bretagne, en Europe, et au-delà.
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Buga, A. V., and V. S. Kudryashov. "THE BASIC CONCEPTS OF PROMOTIONAL ACTIVITIES IN THE ORGANIZATION." Juvenis scientia, no. 8 (August 30, 2018): 9–12. http://dx.doi.org/10.32415/jscientia.2018.08.02.
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There is a widely shared view that advertising has a detrimental effect on society, creating false needs and a desire to own what it does not need. A well-known American Manager, who was the President of Ford and Chairman of the Board of Chrysler Corporation, Lido Anthony "Lee" Iacocca, in relation to marketing activities expressed the following opinion: "on advertising we can say that it is the science to obscure the mind of a person until you get money from him". And Leo Barnett, who worked as a Manager to work with clients in an advertising Agency, spoke in this regard as follows: "Advertising can not be considered the noblest creation of the human mind, what many of her lawyers would like to assure the public. It in no way supports the entire structure of society, democracy and the free world". However, despite the large number of such statements in relation to marketing activities or possible irritation from memorable advertising phrases that hardly "come out" of my head, no one can deny the importance of advertising as an integral part of modern life, which determines the relevance of this topic. The article reveals the concept of advertising as one of the most important areas of the organization. Identified the main types of realization of strategy of an advertising campaign. The classification of advertising of the main types of advertising.
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Frow, Penelope. "The meaning of commitment in professional service relationships: a study of the meaning of commitment used by lawyers and their clients." Journal of Marketing Management 23, no. 3-4 (April 2007): 243–65. http://dx.doi.org/10.1362/026725707x196369.
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Sonnekus, JC. "Regspraak: Géén teenprestasie vir ’n serwituut van parkering oor eiendom van ’n aandeleblokskema – bedenklik – ook wat kompetensie betref." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 3 (2021): 571–602. http://dx.doi.org/10.47348/tsar/2021/i3a9.
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The consequence of encumbering property with a perpetual praedial servitude is to burden all subsequent rightful holders of the servient tenement with the encompassing restriction to their entitlements as holders of the real right to the property. Such an encumbrance results in a severe subtraction from the dominium of the servient property. It would be deemed proof of prodigality if an owner were to consider such encumbrance unless a reasonable quid pro quo is received in lieu of the encumbrance, and this may take the form of damages payable to the owner of the servient property. The competencies of prodigals are restricted in their own interest and any perceived unassisted disposals of their assets are deemed a nullity. The same applies to any perceived disposal of valuable assets if the law limits the competency of the party to the disposal. In light of the premise that when in doubt any presumed servitude should be interpreted restrictively it is submitted that a court should be sceptical when claim is laid to a perpetual servitude encumbering 250 out of a total of 311 parking spaces in a housing development scheme for retired persons for the benefit of unspecified generations of clients frequenting businesses housed on the neighbouring property if no meaningful quid pro quo was paid by the owner of the neighbouring property and the competence of the directors who mandated a lawyer to register the servitude may be doubted. In order to protect the interest of holders of an interest in a share block scheme or a housing development scheme for retired persons the legislature enacted that any subtraction from the dominium of such schemes as owners of immovable property may only be agreed to when mandated by a special resolution. In the Olive Marketing case no special resolution was minuted where the required decision had been taken. On account of a stipulatio alteri the first defendant acquired the property from the eThekwini Municipality in terms of an agreement of sale to which it was not a party. The sale agreement provided that a parking servitude over the subject property would be created in favour of the adjoining property as dominant tenement. The court held that: it was the clear intention of the municipality and the buyer to create a praedial servitude, and the agreement of sale accurately reflected this intention. This judgement regarding the obligatory agreement may be sound but it is submitted that the court failed to consider whether any valid real agreement could be concluded to transfer the limited real right of the servitude unless the statutory requirements were met. By its signature to the sale agreement, the buyer had bound itself to grant and register the servitude, but the buyer never acquired ownership of the property. The plaintiff only acquired ownership of the perceived dominant property fourteen years later and was not a party to the original sale. Therefore, it is doubtful whether he was entitled to compel the first defendant to cooperate in registration and the utilisation of the so-called praedial servitude. If a servitude was involved, it is submitted that at most a personal servitude could have been considered, because the utilisation of the parking spaces does not meet the requirement that the entitlement of the servitude must benefit the dominant property and not the drivers of the vehicles seeking parking. It is comparable to the well-known examples of a personal servitude to play tennis on the servient property or the walk on that property, but such a personal servitude is not transferable and is extinguished by the death of the holder. It does not burden the servient property in perpetuity. The court’s finding that the special resolution requirement under section 4B of the Housing Development Schemes for Retired Persons Act 65 of 1988 was not applicable because the registration of the servitude did not impact on a right of occupation under the act cannot be supported. The special resolution requirement prohibits not merely the alienation of land intended to be used for occupational purposes in the narrow sense but also aspects that impact on the quality of the housing of the residents including the parking facilities. It is submitted that any subtraction from the dominium is included under the restriction and requires a special resolution and the transfer of such a perpetual praedial servitude does subtract from the dominium.
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Kerr, Richard F., and Matthew J. Rogers. "FINRA relaxes restrictions on pre-inception performance data." Journal of Investment Compliance 20, no. 3 (October 14, 2019): 6–9. http://dx.doi.org/10.1108/joic-04-2019-0026.
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Purpose To explain the significance of a recently issued interpretive letter in which FINRA staff agreed to permit the use of pre-inception index performance data by passively managed, registered open-end investment companies. Design/methodology/approach FINRA recently issued an interpretive letter extending previously issued guidance by permitting passively managed open-end registered investment companies including separately-managed series of a business trust to use pre-inception index performance data in Institutional Communications. Findings The 2019 Letter is an important shift in how FINRA staff views PIP data in Institutional Communications by acknowledging that passively managed open-end funds should be treated in a similar manner as passively managed exchange-traded funds. This shift will be a welcome development for FINRA member firms wishing to include PIP data in marketing materials for the passively managed open-end funds they distribute. Originality/value Practical guidance from experienced investment management and broker-dealer lawyers.
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Deslatte, Aaron. "The Erosion of Trust During a Global Pandemic and How Public Administrators Should Counter It." American Review of Public Administration 50, no. 6-7 (July 13, 2020): 489–96. http://dx.doi.org/10.1177/0275074020941676.
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This article argues that public administrators must advance a more equity-based assessment of vulnerabilities in American communities and more risk-based communication strategies. It provides an overview of partisan motivated reasoning, how this has influenced the response to the coronavirus pandemic. Experimental evidence then demonstrates how the framing of the pandemic can influence trust in various public messengers. The coronavirus pandemic is merely one of the many exigent threats humanity faces today. Public administrators are the planners, engineers, analysts, auditors, lawyers, and managers on the front lines of these existential crises. It is their job to sift through the information environment and—however boundedly—tackle problems. For the sake of the American democracy, public administrators need to regain the people’s trust. They could start by leveling with them about the challenges ahead.
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S. Caccese, Michael, Douglas Y. Charton, and Pamela A. Grossetti. "SEC administrative law judge bars investment manager for misrepresenting GIPS compliance." Journal of Investment Compliance 15, no. 3 (August 26, 2014): 38–40. http://dx.doi.org/10.1108/joic-07-2014-0027.
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Purpose – To explain an administrative law judge (ALJ) decision, along with a censure, fine, and industry disbarment, against an investment adviser for misleading advertising and false claims of compliance with Global Investment Performance Standards (GIPS). Design/methodology/approach – Explains the background to GIPS, the investment adviser’s GIPS violations, the significance of the case, and lessons to be learned by investment advisors on compliance with GIPS standards. Findings – The decision is particularly significant because the ALJ issued such severe sanctions based solely on false claims of GIPS compliance notwithstanding the fact that all reported performance returns were accurate and no investors relied on or were harmed by the false claims of compliance. Practical implications – The Zavanelli case should serve to put firms on notice that persistent noncompliance with the GIPS standards can have serious consequences and that all marketing materials should be subject to effective review and approval policies and procedures prior to distribution or publication to ensure compliance with the GIPS standards. Originality/value – Practical guidance from experienced financial services lawyers.
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Clark, Timothy M., and Alicja Biskupska-Haas. "SEC publishes alert describing most common advertising rule violations." Journal of Investment Compliance 19, no. 1 (May 8, 2018): 28–30. http://dx.doi.org/10.1108/joic-02-2018-0011.
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Purpose This paper aims to summarize a new alert issued by the Securities and Exchange Commission’s (SEC’s) Office of Compliance Inspections and Examinations (“OCIE”), highlighting the most common compliance issues relating to Rule 206(4)-1 (the “Advertising Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”). Design/methodology/approach This study describes the compliance issues highlighted in the risk alert. OCIE identified these compliance issues as part of its “Touting Initiative,” an examination initiative launched in 2016 to examine the adequacy of disclosures that advisers provided to their clients when touting awards, promoting ranking lists and/or identifying professional designations (collectively, “accolades”) in their marketing materials. The OCIE based its findings on deficiency letters resulting from over 1,000 adviser examinations. Findings The risk alert provides guidance to advisers who are reviewing the adequacy and effectiveness of their compliance programs in light of the Advertising Rule. Originality/value This study provides practical guidance from experienced investment-fund lawyers. Although most experienced people in the industry will not be shocked by anything in the alert, the alert is a helpful reminder about the SEC’s continuing focus on these issues.
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Hodson, Kate, Alan Wong, and Simon Schilder. "Comparison of regulatory regimes for closed-ended private investment funds: Cayman Islands and British Virgin Islands." Journal of Investment Compliance 21, no. 4 (December 7, 2020): 255–62. http://dx.doi.org/10.1108/joic-10-2020-0038.
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Purpose To introduce, compare and contrast the new regulatory regimes for closed-ended funds recently enacted in the Cayman Islands and the British Virgin Islands (BVI). Design/methodology/approach Explores similarities and differences between the two regimes, as well as practical implications for fund managers, with respect to (1) the regulatory frameworks governing the funds; (2) the definitions of the types of funds covered by the regulations; (3) registration requirements and associated timing; (4) operating requirements, including responsibilities for portfolio management, valuation and safekeeping of fund property; the number of directors; audits; valuation procedures; safekeeping of fund assets; cash monitoring; identification of securities; offering documents, term sheets and marketing materials; and representation in the respective jurisdictions; and (5) additional requirements, including numbers and qualifications of investors. Findings The new legislation has been enacted in order to respond to certain European Union and other international recommendations and has the effect of aligning the regulatory regimes applicable to such funds structured in Cayman and BVI to the regulatory regimes applicable to such funds in other jurisdictions. Originality/Value Expert guidance from lawyers with extensive experience in fund management, fund structuring and Cayman Islands and British Virgin Islands laws and regulations.
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Лебедев, А. Н., and О. В. Гордякова. "HIGHER SOCIAL EMOTIONS OF CONSUMERS IN THE SYSTEM OF MARKETING COMMUNICATIONS." Институт психологии Российской академии наук. Социальная и экономическая психология, no. 4(20) (December 1, 2020): 218–45. http://dx.doi.org/10.38098/ipran.sep.2020.20.4.009.
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Рассматриваются результаты исследования высших социальных эмоций, то есть эмоций, обращенных к другому человеку (чувств стыда и гордости), в системе маркетинговых коммуникаций. Выдвигалась гипотеза о том, эти эмоции не только влияют на поведение потребителей, но и выступают ее самостоятельными мотивационными факторами. В исследовании приняли участие 224 человека. Среди них 47% мужчины, 53% - женщины в возрасте от 18 до 65 лет (студенты, преподаватели вузов, экономисты, юристы, психологи и специалисты инженерных профессий). Применялось: анкетирование, лабораторный эксперимент с визуальной демонстрацией рекламных материалов (видеопроектор), психодиагностические тесты (16-ФЛО Кеттелла), методика Дж. Тангней TOSCA (Test of Self-Conscious Affect), методика семантического дифференциала Ч. Осгуда. Подтверждено, что мышление и поведение потребителей в условиях воздействия на потребителей различных видов рекламы, являются социально ориентированным. Обнаружены статистически значимые связи между личностными характеристиками потребителей, особенностями их потребительского поведения и их оценками коммерческой, политической и социальной рекламы. В частности, потребители, которым «не стыдно покупать дешевые вещи», отличаются тем, что всегда ориентируются на свое собственное мнение, а не на мнение окружающих. По результатам психодиагностического тестирования (16-ФЛО) эти люди «самостоятельны, независимы, имеют свою точку зрения, стремятся к лидерству <…> предусмотрительны, не любят проявлять эмоции, зато вдумчивы, рассудительны и обязательны». Был сделан вывод о том, что потребители не всегда осознают и признают, что чувства стыда и гордости играют существенную роль в принятии решений в процессе приобретения товаров и услуг, что ограничивает возможности применения опросных методов и делает необходимым методы проективные и экспериментальные. The article discusses the results of studying the highest social emotions (feelings of shame and pride) in the system of marketing communications. We consider the hypothesis that higher social emotions not only influence consumer behavior, but also act as independent motivational factors of consumer behavior on their own. As a result of the study, it was confirmed that the thinking and behavior of consumers under the influence of various types of advertising on consumers is socially oriented. Statistically significant relationships were found between certain personal characteristics of consumers, their consumer behavior, and their assessments of commercial, political, and social advertising. It was concluded that consumers are not always aware and do not always admit that feelings of shame and pride play a significant role in decision-making in the process of purchasing goods and services, which limits the use of survey methods and makes it necessary to use projective and experimental methods. The study involved 224 people. Among them, 47% are men and 53% are women between the ages of 18 and 65 (students, University teachers, economists, lawyers, psychologists, and engineering professionals). At different stages of the study, the following methods were used: questionnaire survey, laboratory experiment with visual demonstration of advertising materials (video projector), psychodiagnostic tests (16pf Cattell), the method of J. Tangney TOSCA (Test of Self-Conscious Affect), the method of semantic differential Ch. Osgood. Statistically significant relationships were found between certain personal characteristics of consumers, their consumer behavior, and their evaluations of commercial, political, and social advertising. In particular, consumers who are "not ashamed to buy cheap things" are distinguished by the fact that they always focus on their own opinion, and not on the opinion of others. According to the results of the psychodiagnostic testing (16 PF), these people are "independent, have their own point of view, strive for leadership. They are prudent; do not like to show emotions, but thoughtful, reasonable and mandatory."
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Jain, Subhash C. "Problems in International Protection of Intellectual Property Rights." Journal of International Marketing 4, no. 1 (March 1996): 9–32. http://dx.doi.org/10.1177/1069031x9600400103.
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Intellectual property rights are policies that assign and protect the rights to earn income from innovative and creative activity. These rights provide legal authority to control the dissemination and commercialization of new information and ideas and to enforce sanctions against their unauthorized use. Intellectual property rights play a critical role in global economic growth and development because they affect the profitability of industrial research and the rewards to creative activity. At the same time, intellectual property rights are controversial because their stronger international protection may come at the expense of higher prices and reduced availability of products, particularly in developing countries. Obviously, developing countries prefer a low level of protection. Traditionally, intellectual property rights were of concern only to a few lawyers specializing in the field. But the enormous expansion in world trade in the 1980s elevated intellectual property rights to new prominence in international trade policy. At the same time, new and emerging technologies have made traditional protection of intellectual property rights inadequate. For these reasons, the topic of international protection of intellectual property rights should be an important subject of concern among international business and marketing scholars. This article provides an overview of intellectual property rights and their international protection. The conflict between the industrialized and developing countries on the level of protection is highlighted. Issues and controversies that affect the field today are examined. Finally, ideas are advanced for further research on the subject.
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Perrigot, Rozenn, Guy Basset, Danièle Briand, and Gérard Cliquet. "Network uniformity and risk of reclassification of the franchise contract." International Journal of Retail & Distribution Management 42, no. 10 (October 7, 2014): 884–901. http://dx.doi.org/10.1108/ijrdm-06-2013-0129.
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Purpose – Network uniformity is crucial in franchising, but an excessive number of imposed constraints to maintain this uniformity jeopardizes a franchisee’s independence and too much independence given to franchisees jeopardizes franchise network uniformity. So, how to find an equilibrium and avoid the reclassification of a franchise contract as a branch manager contract or as an employment contract with all its related consequences? The paper aims to discuss these issues. Design/methodology/approach – The research is based on a multiple cases approach. The four complementary cases deal with Yves Rocher (cosmetics and body/face care), Bata (shoes), Fiventis (real estate, life insurance and tax-sheltered savings products), and France Acheminement (express transportation), all analyzed in the French context. Findings – A franchise contract can be reclassified as a branch manager contract if there is economic dependence or as an employment contract if there is a legal subordination relationship. These reclassifications have not only financial consequences, but also an impact in terms of image. Research limitations/implications – The research is based on secondary data. Collecting data along with interviews of franchisors and franchisees would be beneficial. Practical implications – The research is of specific interest to franchisors, franchise experts and lawyers in terms of minimizing the possible risks of facing such types of reclassification of franchise contracts. It can also inform franchisees who may be running their businesses under such conditions. Originality/value – This paper uses a business and law approach in order to analyze the paradox of network uniformity and franchisee autonomy and raises the question of “how to find equilibrium?”
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Cassia, Fabio, and Francesca Magno. "Antecedents of professionals’ self-efficacy in professional service firms: effects of external source credibility and content quality." Journal of Business & Industrial Marketing 36, no. 13 (September 24, 2021): 187–98. http://dx.doi.org/10.1108/jbim-11-2019-0485.
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Purpose Professional service firm (PSF) performance depends on the accumulation and application of specialist knowledge to find customised solutions to customer problems. However, available research has not examined whether knowledge acquired from external sources affects PSF outcomes by strengthening professionals’ beliefs rather than only by increasing technical competency. Drawing on self-efficacy theory, this study tests a model that links the quality of content acquired from external sources and the credibility of those sources to professionals’ self-efficacy and, in turn, to PSF outcomes (solution quality and firm performance). In particular, this paper aims to consider the case of professional content exchanged through professional social media. Design/methodology/approach A cross-sectional research design was applied. Data were collected from a sample of 208 accountants, auditors and lawyers who used professional social media and were analysed using covariance-based structural equation modelling. Findings When accessing professional content from external sources, source credibility and content quality are significant antecedents of professionals’ self-efficacy, which, in turn, has positive effects on PSF outcomes (solution quality and PSF performance). Research limitations/implications Self-efficacy plays a key role in the link between knowledge acquired from external sources (professional content) and PSF outcomes. Practical implications This study provides recommendations and actionable insights for PSFs, professionals and other actors who create and exchange professional content. Professional associations may also take an active role by contributing and sharing credible and high-quality content, using, for example, professional social media. Originality/value This paper advances the current understanding of the effects of professionals’ access to content from external sources on PSF outcomes. It provides an explanation of these effects based on the enhancement of professionals’ beliefs instead of their technical competencies, as indicated in previous research. In addition, it is the first research effort to consider professional social media as a communication channel to exchange content that affects the self-efficacy of PSF professionals.
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Badrinarayanan, Vishag, and Jeremy J. Sierra. "Triggering and tempering brand advocacy by frontline employees: vendor and customer-related influences." Journal of Business & Industrial Marketing 33, no. 1 (February 5, 2018): 42–52. http://dx.doi.org/10.1108/jbim-06-2016-0137.
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Purpose Lawler (2001) posits that social exchanges create a sense of shared responsibility for outcome success. The purpose of this study is to apply this framework to the vendor/frontline employee/customer triad to examine the underlying role of emotions in how frontline employees’ evaluations of vendors and customers trigger and temper brand advocacy efforts, respectively. Design/methodology/approach With cross-sectional data from 168 frontline employees working at a leading national retailer of electronic goods, path analysis is used to evaluate the hypotheses. Findings Frontline employees’ relationship quality with the vendor and perceptions of vendors’ product quality positively influence brand advocacy. Also, customers’ brand affinity and recommendation preference both demonstrate a significant, negative curvilinear relationship with brand advocacy. Research limitations/implications Frontline employees’ emotion-laden evaluations of vendors and customer influence brand advocacy in different ways. Vendor relationship quality and brand quality perceptions “trigger” brand advocacy. However, customer’s affinity toward a vendor’s brand and willingness to seek recommendations “temper” brand advocacy. Specifically, brand advocacy effort is low when customers possess very low and very high affinity toward a focal brand – moderate affinity spurs high advocacy; likewise, advocacy is low when customers demonstrate very low and very high interest in seeking the frontline employees’ opinion – moderate interest spurs high advocacy. Although ideal to examine vendor and customer emotional exchanges, using only frontline employee data from a technology-selling retailer may constrain generalizability. Practical implications Frontline employee training programs should emphasize the customer’s role in the transaction to increase perceptions of shared responsibility, as a means to create a favorable emotional experience, and accentuate timing strategies on when to pursue heightened or diminished emotionally charged brand advocacy efforts. Originality/value This study contributes to the frontline employee behavior literature by viewing shared responsibility in transactions as a source of emotional value, explaining variance in frontline employee brand advocacy through relationship and product quality dimensions, and uncovering curvilinear effects for customers’ brand affinity and recommendation preference in elucidating brand advocacy.
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Cohen, Wendy E., Richard D. Marshall, Allison C. Yacker, and Lance A. Zinman. "SEC sues asset managers for using untested, error-filled quantitative investment models." Journal of Investment Compliance 20, no. 1 (May 7, 2019): 44–46. http://dx.doi.org/10.1108/joic-01-2019-0004.
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Purpose To explain actions the US Securities and Exchange Commission (SEC) brought on August 27, 2018, against a group of affiliated investment advisers and broker-dealers for what the SEC considered misleading and insufficient representations and disclosures, insufficient compliance policies and procedures, and insufficient research and oversight concerning the use of faulty quantitative models to manage certain client accounts. Design/methodology/approach Explains the SEC’s findings concerning the advisers’ and broker-dealers’ failure to confirm that certain models worked as intended, to disclose the risks associated with the use of those models, to disclose the role of a research analyst in developing the models, to disclose the use of volatility overlays along with the associated risks, to determine whether a fund’s holdings were sufficient to support a consistent dividend payout without a return of capital, and to take sufficient steps to confirm the advertised performance of another investment manager whose products they were marketing. Provides insight into the SEC’s position and offers key takeaways. Findings These cases are significant for advisers who use quantitative models to implement their investment strategies in the management of client accounts and signal the SEC’s continued focus on investment advisers’ compliance with disclosure obligations to discretionary account investors. Practical implications Each manager should consider its own facts and circumstances, and should consult with counsel, in assessing how and to what extent to incorporate the SEC’s conclusions in crafting disclosure and other communications with investors on matters such as adequate representations, testing and validation of models, disclosure of errors, and verifying performance claims. Originality/value Practical guidance from experienced securities lawyers.
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Repaj, Ermira. "Revitalization of urban areas through business and tourism improvement districts (BIDs/TIDs) in Albania." Business and Management Review 11, no. 02 (December 15, 2020): 128–33. http://dx.doi.org/10.24052/bmr/v11nu02/art-15.
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The spreading of business improvement districts (BIDs) and similar forms of a public-private partnership, as a new mechanism of urban revitalization and economic development, have emerged in Canada five decades ago and quickly adopted to many cities in countries such as the USA, Germany, UK, South Africa and lately Denmark and Sweden. This form of a public-private partnership with local authorities is created when a significant number of businesses or business property owners agree through a democratic process ballot to manage a delimited area and offer additional public services such as security, maintenance, infrastructure improvement, and marketing, to improve decaying commercial and residential areas. Since 2011, the model has been applied in 8 districts in Albania, contributing to improved business life, infrastructure improvement, and enhanced general public services. The period is long enough to offer insights regarding their evolution and transformative effect in the areas where it has been applied. This paper aims to explore the adaptation of the business improvement district (BID) model in urban areas in Albania and, at the same time, point out its characteristics, activities, and contribution to the area development. The methodology used includes a qualitative research design, including primary and secondary data sources. Primary data sources include interviews with BID association members, administrators, and consultants in Albania, businesses, local government officials, and lawyers. Secondary sources include different research papers on BID functionality and BID legislation, conference proceedings, project reports, entrepreneurship magazines. By identifying the effects of the model in area transformation, this study results have important implications for Albania's public and development policies and extracts practical lessons from its introduction in this local context. The findings presented demonstrate BID's transformative role for area renewal, economic and social development of the areas where it has been applied.
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Ahmed, Muhammad S., and John Weisgerber. "The Motivation Based on Customer Interaction." Archives of Business Research 7, no. 9 (September 10, 2019): 71–88. http://dx.doi.org/10.14738/abr.79.6922.
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Many factors and theories of motivation apply broadly to workers regardless of profession. The prior research has shown that engineers and knowledge workers are highly motivated by intrinsic and non-monetary factors such as challenging work, recognition for good results, and the opportunity for professional growth. Therefore, the nature of their assigned tasks and their ability to complete their work in an efficient and robust way are highly related to motivation. Product Development Engineers (PDEs) play a crucial role in creating value and revenue for companies via the development of useful new products for customers. It is, however, a general observation that PDEs in automotive companies, especially at original equipment manufacturer, OEM, levels, often have minimal or no interaction with the end customer. With the advent of hybrid, electric, and autonomous vehicles, PDE working in the automotive industry, APDEs, has seen a shift in their role and responsibilities from traditional automotive PDEs. APDEs mostly receive customer input indirectly from management or through a marketing organization. This is in contrast to other professionals such as doctors, lawyers, and architects who frequently interact directly with their customers.
This paper presents the finding of qualitative research, examining the relationship between APDEs interaction with customers, and achieving clear customer inputs. The paper investigates differences among various types of APDEs and seeks further insights as to the motivational impact of customer inputs on automotive PDEs. It also probes the question if there are any differences among various types of automotive PDEs when it comes to motivation. The paper concludes that, for some types of APDEs, the lack of customer interaction is a motivational disadvantage while for the others it is not. It also concludes that further research needs to be conducted in order to find the reasons for such discrepancies.