May private plaintiffs, the SEC, or both bring aider and abettor actions under Rule 10(b)? What must be proven? What type of relief may be sought?
The SEC, but not private plaintiffs, may bring aider-and-abettor cases under Section 10(b). To prove that a person is an aider and abettor it is necessary to show (1) the existence of a primary violation of Section 10(b) or Rule 10b-5, (2) the defendant's knowledge of (or recklessness as to) that primary violation, and (3) substantial assistance of the violation by the defendant. The SEC may seek damages or injunctive relief.
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A major manufacturer of men's shaving products has developed a prototype of an electric shaver featuring a vacuum attachment to capture virtually all hair. It's targeted to men who have facial hair - beards, mustaches, or goatees who like a trimmed appearance but dislike all the hairs that fall into the sink or bathroom counter top. The engineers create several prototypes and have members of their marketing research team gauge consumer response to the new product by conducting personal interviews with men who have facial hair. The company hopes that if the product is favorably received, the new product will be more successful in the marketplace. This is an example of:
a. ?concept testing b. screening c. ?test marketing d. ?commercialization
Independent Grocers Alliance, Do-It Best, and Western Auto are examples of ________
A) franchise organizations B) warehouse clubs C) voluntary chains D) category killers E) wholesale clubs
Which of the listed choices is NOT a positioning task?
A) identifying a set of possible competitive advantages B) surveying frequent uses of the product C) analyzing competitors' positions D) finalizing the marketing mix E) evaluating responses to the marketing mix
An out-of-court settlement in exchange for dropping a lawsuit is an example of consideration
Indicate whether the statement is true or false