Marketing and the law

Marketing decisions are particularly vulnerable to legal rulings made in both the courts and teh legislatures. The effective management of those legal implications challenges the modern marketing professional. Grasping marketing’s overall legal environment, including its governing case law, regulatory statutes and future trends, is essential. These reviews will provide analysis of recent court cases and legislation with particular emphasis on creatively assisting the marketer’s management of the legal factor.     

Founders' Characteristics,Venture Capital Syndication and Governance in Entrepreneurial IPOs

Using a unique sample of 444 entrepreneurial IPOs in the UK and France this paper examines links between founders' characteristics, venture capital (VC) syndication and the development of effective boards in entrepreneurial firms. It argues that VC-backed IPOs suffer from two sets of agency problems which are related to principal-agent and principal-principal relationships between the founders and members of the VC syndicate. The empirical evidence shows that there is a curvilinear relationship between the intensity of founders' external ties and VC syndication. Founders' retained share ownership is negatively associated with VC syndication. We also find that in syndicated IPOs there is a higher involvement of passive private equity firms and “business angels” investing alongside VC firms, both in terms of their number and equity presence. VC-syndicated IPOs have more independent boards than IPOs with no VC involvement. Board independence is negatively associated with founders' retained equity. These results are consistent with the assumption that board independence is used to mitigate agency costs associated with VC involvement in IPO firms. Our findings also identify significant differences in governance characteristics between the UK and France. While French IPOs have less independent boards, they involve more VC backing in general and syndicated VC funding in particular, than UK IPOs.     

Network positioning and R&D activity: a study of Italian groups

Traditionally, R&D studies focus on organisational characteristics and internal context factor effects on a firm's R&D activities. This paper extends previous research by analysing firm–level R&D expenditures in the wider context of inter–organisational networks. Using sample of 2002 manufacturing firms in Italy, it provides evidence that R&D intensity is linked to a firm's positioning within an industrial group's hierarchy. Further tests on the antecedents of R&D expenditures are carried out in relation to the effects of firm characteristics and industry factors. Important findings include a significant and positive association between R&D intensity and the firm's size, performance, intangible assets and industry concentration. These findings suggest that, in addition to firm–level factors and its market environment, network resources and organisation may play an important role in driving the intensity of the firm's R&D expenditures.     

A new parametric model for converting excess mortality from clinical studies to insured population

We propose a new parametric model – the generalized excess mortality (GEM) model – for converting excess mortality from clinical to insured population. The GEM model has been formulated as a generalization of the excess death rate (EDR) model in terms of a single adjustment parameter (m) that accounts for a partial elimination of a clinical study’s EDR due to the underwriting selection process. The suggested value of the parameter m depends only on the ratio of the impairment’s prevalence rate in the insured population to that in the clinical population. The model’s development has been implemented in two phases: the design phase and the validation phase. In the design phase, the data from the National Health and Nutrition Examination Survey I pertaining to three broad impairments (diabetes, coronary artery disease, and asthma) have been used. As a result, the following equation for the parameter m has been proposed: m_k?=?(P_i,k/P_c,k)ⁿ, where P_i,k, P_c,k are the prevalence rates of impairment k under study in the insured and the clinical populations, respectively, and n a single universal parameter with its value best approximated as n?=?0.5 (95% confidence interval 0.5–0.6). In the validation phase, several independent clinical studies of three other impairments (Crohn’s disease, epilepsy, and chronic obstructive pulmonary disease) were used. As it has been demonstrated in the validation phase, for a number of impairments, the GEM model can provide a better fit for observed insured population mortality than either one of the conventional EDR or mortality ratio models.     

Why do companies issue convertible bond loans? An empirical analysis for the Canadian market

To identify issuer motives, we study the determinants of announcement effects of convertible debt issues in the Canadian market. Classified into equity‐ and debt‐like, wealth effects are significantly more negative for equity‐like convertible bond issuers. Equity‐like convertibles are significantly negatively affected by agency costs of equity. However, agency costs of debt have no significant effect on debt‐like convertibles. Consistent with Stein (1992), this suggests convertibles in particular represent a substitute for equity. Moreover, convertible debt offers announced by income trusts experience significantly less negative wealth effects than offers by nontrusts—a finding explained by a more debt‐like convertible design, very low agency costs of equity in case of income trusts, or both. Copyright © 2008 ASAC. Published by John Wiley & Sons, Ltd.     

Gaming the future of an urban network

Scenario and gaming techniques have a number of complementary characteristics. In this article, the design and evaluation of a gaming-scenario experiment for the exploration of development planning in an urban network in the Netherlands is presented. Two gaming sessions were held using two long-term scenarios (2030) as varying contexts. The combined gaming-scenario approach made it possible to evaluate the impact of external future developments and trends on the administrative and spatial development. Evaluation results of the gaming experiment indicate that the gaming-scenario approach generated new and critical insights on development planning and the future of the urban network. Through the game, the principal, the game leaders but most of all the stakeholder-participants experienced and realized that the management of development planning in urban networks is a very difficult task and is full of pitfalls.     

Economics,Politics and Nations: Resistance to the Multidivisional Form in France,Germany and the United Kingdom, 1983–1993*

ABSTRACT This paper assesses economic, political and national institutional explanations for continued resistance to the multidivisional form in France, Germany and the United Kingdom during the 1980s and 1990s. It finds that the economics of different diversification strategies play a significant but changing role in the structural choices of large corporations. The political interests of personal, banking and government owners are exercised variably. There remain strong national influences on structural choices, with resistance to the multidivisional form particularly pronounced in Germany. Overall, our results call for an increased contextual sensitivity in management research while acknowledging the possibility of convergent processes in business organization, represented here by the slow progress of the multidivisional firm.