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In the 1990s, Mike Flanagan foresaw video moving from analog to digital and developed an equipment rental business to meet the needs of the entertainment/media production industry. By 1996 he established a second company to offer training in the use of Avid, a digital video-editing program. Flanagan sold the rental business in 1998 and by 2002 expanded the training away from a business model to a full-fledged college business model. By 2014 what started as a successful training program developed into a negative interaction with the US Department of Education and Flanagan found himself being forced out of business.

This case was originally a client-based project conducted real time in an MBA-level marketing course at the Graziadio School of Business and Management at Pepperdine University.

The case is well suited for a variety of business and law courses that integrate ethical decision making in their curriculum at the undergraduate and graduate levels. The case allows for a greater understanding of the implications of managerial behavior tied to ethical beliefs and the possible outcomes that may result. It also allows for a stronger grasp of the integral nature of management, staff, consumers and outside organizations on the pervasive impact of non-ethical behavior. Last, this case creates a framework for students to assess how ethics influence managerial behavior that will affect an organization’s success.

What ethical duties and obligations does a business owe to its customers and other stakeholders? Is ignorance an excuse for failing to meet those ethical obligations?

The case discusses the legal journey of the Bajaj — TVS patent dispute from the Madras High Court to the Supreme Court and back to the Madras High Court. Almost four years have passed, yet the final verdict is nowhere in sight. The Supreme Court has recommended a period of four months for such cases to be finally decided. In such instances, the warring parties either settle it out of court or adopt other means to do business. The value of patent is undermined if the patentee has to fight so much for its protection.

Business ethics/corporate social responsibility.

From undergrad to executive education (the case series has been successfully used with MBA students and executives).

The case series starts by describing how a fictitious company (called L'ArtiMarché) faced an individual corruption issue after entering the Russian market. After describing the company's creative reaction, the case shows that corruption issues can easily reoccur and might require a more systematic approach of L'ArtiMarché to fight corruption within the company and in the society at large.

Responding/reacting to (external) corruption; governance and compliance systems to prevent corruption; and contribution of companies to the development of the social/political/moral framework of their own operation.

Teaching notes.

The data for the case is a mix of both primary and secondary data, from the following sources: – personal interviews with the protagonist, Sofana Dahlan; – Tashkeil website; – official documents provided by the company: ■ “Tashkeil – Corporate Brief,” ■ “Saudi National Creative Initiative – Activities Report 2016”; and ■ “Tashkeil Global Company”. – published media sources.

The case outlines the story of Sofana Dahlan (Sofana) (she/her), a social entrepreneur and one of the first few women lawyers in the Kingdom of Saudi Arabia. She established Tashkeil as a social enterprise, helping creative entrepreneurs (creatives) with strategic, operational and legal inputs, thus enabling the creative industry in different parts of the Arab world, focussing on Saudi Arabia and Lebanon. Her story can be used to inspire students on how a female entrepreneur fought against an extremely restrictive social and cultural environment and achieved her goals. It helps them to understand the challenges faced by women in the context of the Arab world and the key attributes required for them to succeed as an entrepreneur, especially in the context of certain social and cultural barriers. It also helps to understand the importance of resilience in entrepreneurs and to discuss how entrepreneurs can become more resilient.

The case can be used mainly in undergraduate Business Management Programs in courses such as Entrepreneurship, with specific reference to Women Entrepreneurship. The case would be a good fit for courses on Social Entrepreneurship and Creative Businesses.

This paper aims to sensitize learners to some of the ethical and public relation issues involved in decision-making with specific reference to the educational field.

This case brings out a dilemma faced by the school management of Vidyalaya School, Karnataka, India in responding to a notice issued by the State Government to pay a huge compensation and to re-absorb a teacher who was rendered physically challenged owing to an accident within the school premises. The case is set in the milieu of a self-financed, private education industry during the period 2013-2018. This is a case in “Strategy formulation” and “Ethical dilemma” involved in the field of education in India. A teacher was permanently injured and confined to a wheelchair in an attempt to rescue a child attempting to jump off the school building and end her life for having obtained low marks in a test paper. While the school management was initially sympathetic and paid her medical bills and full salary purely on humanitarian grounds, they discontinued this support-line after about two years. The teacher filed a complaint with the Disability Commission, a grievance redressal body of the Government of Karnataka, India. She demanded re-absorption into the job, payment of salary arrears and reimbursement of all the subsequent medical bills incurred abroad totaling Rs 15.5 million, which is unaffordable for a school of that size. The management is faced with a situation where they cannot accept such a huge financial liability as well as accept a wheelchair-bound teacher who would not be able to discharge her duties. The school was briefed by legal experts that there exists no law that specifies either compensation or re-absorption into the job in a situation like this. At the same time, to fight the case purely on legal grounds and deny her a decent livelihood would impact the image of the school as being inhuman to a lady who had actually tried to help the school in the name of humanity. The management is caught in a dilemma on the course of action they must take – to fight the case legally or to accept the demand on humanitarian grounds.

This paper is suitable for Undergraduate or Graduate students of Business Management.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 11: Strategy

This is an illustrative case analyzing shareholder and accounting outcomes and legal issues resulting from a merger of two major publicly traded companies. In today's business world, the “urge to merge” is tempered by heightened shareholder activism. In response to this activism, boards must proceed with care when negotiating mergers. Challenges to mergers that appear to be in the shareholders' best interest occur often. As is the case here, shareholders and their well funded legal representatives, seek damages for alleged bad decisions. Conoco Oil and Phillips Petroleum announced their intention to merge in November 2001. At that time the cost of gasoline spiraled ever upward and large oil firms put heavy competitive pressure on smaller oil producer/refiners. The merger described as a “merger of equals”, intimated that neither Conoco nor Phillips shareholders would receive a financial advantage (or disadvantage) over other merging shareholders following the completion of the merger. Immediately following the announcement, Michael Iorio, a Conoco shareholder, filed a lawsuit, claiming damages to Conoco shareholders from the merger of the two firms.

A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach, the seller terminates the contract and makes claim for the damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.

The case builds upon the theoretical literature in strategy and decision-making under uncertain, complex and ambiguous situations inherent in nascent industries (Eggers and Moeen, 2019). It also bases its analysis of the central decision in the case, the merger between Aphria Inc. and Tilray, on the pertinent literature on mergers and acquisitions (DePamphilis, 2015). DePamphilis (2015). Mergers, acquisitions, and other restructuring activities: An integrated approach to process, tools, cases, and solutions. 8th ed. Academic press, San Diego, CA. Eggers and Moeen (2019). Entry Strategy for Nascent Industries: Introduction to a Virtual Special Issue. Strategic Management Journal. 42 (2), pp. 1–15.

Assessing/reassessing sources of competitive advantage and recognizing how changes in policy and technologies and globalization can change industry dynamics. Identifying the challenges that companies face when developing strategy in nascent and emerging industries and the related (sub)sectors. Analyzing a merger and deciding if it is warranted, financially and strategically. Applying industry analysis to understand dynamic forces impacting an industry, the attractiveness of an industry and how industry structures affect a company’s strategy.

The global cannabis industry emerged after Canada, selected states in the US and some other countries across the world started to legalize recreational and/or medical cannabis. Similar to any industry in its nascent stages, the industry structure was undefined, product definitions and categories were unclear and competitive landscape was evolving. It was key for decision makers such as Irwin Simon, the CEO of Aphria Inc., to devise a strategy that would enable the firm to navigate the tides of the nascent industry. Simon had a background in consumer packaged goods industry and was a proponent of gaining market power through industry consolidation moves such as mergers and acquisitions. In 2020, encounters with Tilray’s CEO presented Simon with a merger opportunity with potentials for complementarities and cost savings. The challenge for Simon was to convince the Aphria’s shareholders that the potential gains from this move outweighs its challenges.

Strategy courses (undergraduate and graduate level) • During a session on nascent industry analysis, to illustrate how companies decide whether to enter a market, how to grow and position themselves. • During a session on mergers and acquisitions, to illustrate how a company can use such strategies to gain market power and pursue consolidation. International business courses (undergraduate and graduate level) • During a session on navigating the tides of an industry that is in its nascent stage, both at the individual country level and at the global level. Cannabis industry courses (undergraduate level) • During a session on the national and global prospects of the industry from an investment, entrepreneurial or policy-making perspective. • During a session on mergers and industry consolidation strategies.

This case was written to help students develop their analytical and decision-making skills with regard to sales force evaluation. It identifies a variety of issues – in the Pakistani context particularly – within the sales force environment, including union representation, sales force team conflicts and power dynamics between superiors and subordinates. The various case lessons will enhance students’ analytical, negotiation and team-management skills. This case can be used to discuss the following issues: the complexity of objective and subjective evaluations of a sales force, sales force perceptions and cultural nuances for succeeding in Pakistan. Distribution structures and management in Pakistan. Characteristic features of the Pakistani pharmaceutical market. Students will be able to explain how salesperson performance information can be used to identify problems, determine their causes and suggest sales management actions to solve them. Students will be able to differentiate between an outcome-based and a behaviour-based perspective for evaluating and controlling salesperson performance. Students will understand how to control one’s behaviour in conflict situations by identifying common interests and achieving a “win-win” situation.

The Al-Ain case describes sales force management and sales force evaluation in a situation that involves a high-performing team operating in a hostile environment. Al-Ain eye centre (Al-Ain), located in the city of Karachi in Sindh state of Southern Pakistan, is a small-scale hospital that has diversified into the pharmaceutical business. Al-Ain’s product portfolio includes analgesics, antibiotics, ophthalmology products and cardiology products. This case focusses on team management and the relationship between a sales manager and subordinate salespeople in the context of Pakistani culture. A sales representative has received a poor performance assessment, which he perceives to be an unfair evaluation of his efforts. As a result of the situation, he subsequently joins a union and creates problems for his superiors. As they explore these management issues within a sales force, students will develop an appreciation for objective methods of sales force evaluation, as well as for the complexity of handling high-performing teams, the importance of employee perceptions and the scope of subjective biases in sales force evaluation that can emerge in practice.

The case is suited to undergraduate or MBA courses on sales management, organizational behaviour, distribution management, marketing/strategy and pharmaceutical industries. It addresses issues of sales force management, sales territory allocations, sales target fixation, team conflict, promotion, team bonus and distribution management in the pharmaceutical industry in Pakistan.

Teaching Notes are available for educators only.

CSS 8: Marketing.