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Business Law

Card-Check Procedures

Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use? How can that objection be moderated?

Employment Law: Writing to HR Department

Imagine a simulated scenario in which you will make a presentation to your HR Department in preparation for a move by the employees to introduce collective bargaining into your company. Without taking a pro or con position, prepare an objective "brief sheet" summarizing background information about two of the following four orga

Nonmerchants, Fraud, and the Future

Could you please answer these three questions? First question : Under the UCC merchants are held to a higher standard than nonmerchants. Why does the Code do this? Is it fair to require a higher standard of merchants than of nonmerchants? Should additional protections be given to nonmerchants under the Code? Second q

Employment Law: Battoni v IBEW Local Union No 102

Read the Battoni v. IBEW Local Union No. 102 Employee Pension Plan case and answer the following: 1. What were the legal issues in this case? What did the court decide? 2. Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care be

IBP v. Alvarez and Tum v. Barbar Foods

Read the following cases: IBP v. Alvarez (http://caselaw.findlaw.com/us-9th-circuit/1335503.html) and Tum v. Barbar Foods (http://caselaw.findlaw.com/us-1st-circuit/1158592.html). These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think th

Patient Protection and Affordable Care Act Employment Effects

Suppose that you are an employer with 110 employees and a group health plan. How would the Patient Protection and Affordable Care Act affect your company? Is it worth your while to avoid making changes that affect the grandfathering status of your plan?

The Legal System and ADR Analyses

I have never written a memo before. If I can just get help getting it started. Thank you so much. Assume that the higher on the chart the case is the more expensive it is for all parties. Write a memo on a state (not federal) level business dispute. Describe as if you were writing a "white paper" for your boss who wants to k

Employment and Labor Law Influences

1- Describe and analyze employment a labor law influences as the (fictional) Construction Company grows domestically and internationally. Used for information as we develop the company. 2- Describe and analyze essential economic and legal factors for the company's horizontal construction.

Ethics vs. Law

Health care professionals practice in an environment that is complex, with many regulations, laws, and standards of practice. Performing an abortion is legal but may not be considered ethical by other health care professionals or members of the public at large. Other ethical dilemmas arise at the end of life, when a decision mus

SOX: Going public or staying private

By researching the results of SOX compliance surveys, assess the financial impact that SOX might have on your company if it decides to go public. Considering the impact of SOX compliance, take a position as to whether your company can overcome the challenges posed by SOX compliance if the decision is to go public. Based on your

UCC and Contracts of the Sale of Goods

Please leave a comment on these two paragraphs below : I believe the main reason you cannot make specific performance the main remedy is because the law cannot force someone to perform for another. This borders on and resembles involuntary servitude and can be seen as infringing on someone's personal liberties. We all have

Employment Law Case

Should an employer be allowed to terminate an employee for working during her lunch break even though the employer mandated that she take a lunch break? If yes, do you think the employer had just cause to terminate her? Google the story on Sharon Smiley and Equity Lifestyle Properties in Chicago, IL to find a plethora of informa

Employment Law for Business

Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company. He fell off a ladder, broke his arm and was knocked unconscious. Following medical treatment, he returned to the company which transferred him to an inspector position due to his broken arm. Does United need to make a report to

Impact of the Sarbanes-Oxley Act

When a company decides to go public, it can typically obtain capital by issuing stocks or bonds. Suggest four (4) leading financial ratios that will be evaluated and how each will impact the company's decision to obtain expansion funds. Determine whether the results of the ratios would alter the decision to go public.

HInes vs Arnett

Hines stored her furniture, including a grand piano,in Arnett's warehouse. Needing more space, Arnett stored Hines's piano in Butler's warehouse next door. As a result of a fire, which occurred without any fault of Arnett or Butler, both warehouses and their contents were destroyed. Is Arnett liable to Hines for the value of

Sarbanes-Oxley Act has Affected Medium-sized Private Companies

1. Outline three (3) ways in which your medium-sized private company may benefit from going public, providing a rationale for each. 2. Create an argument that the same goals may be achieved if the company remains a privately held entity. Provide support for your argument.

Legal Ownership Business Structure

I decided to create a business. I'm in need of some advice on how to start forming my business. I have a well-developed plan but I am not sure exactly how it will be financed and whether or not I want to take on partners. I am interested and willing to learn the intricacies of my options to determine how to best proceed with my

Singatron and Semicontronics

I. Both Australia and Singapore are common law countries. Singatron and Semicontronics conclude their first round of negotiations with a Letter of Intent (LOI). If the deal falls through, will either party be bound to their commitments as detailed in the LOI? What can the parties do to limit the obligations to the terms of the L

Employment Law and Religious Officers

A devoutly religious office coordinator used the phrase "Have a Blessed Day" in many of her workplace communications (conversations, e-mails, and phone calls) with co-workers, managers, and customers/vendors. Employees at one of her company's largest customers, Microsoft, objected to the practice. The company modified its policy

Compare and Contrast the Difference Between FMLA Interference and FMLA Retaliation

Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the sta

Reject or Revoke

Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie tht she rejected the machine. She continued to use it for three months but continually compl

Terminology for Employment Law

Demonstrate your understanding of the following terms by using them correctly in a paragraph you create. Creativity is encouraged, but not required; a realistic scenario would be best. Do not simply provide a definition for the terms. Terms: narrowly tailored, consent decree, reverse discrimination, strict scrutiny, reasonable b

Employment Law: Hoyle v. Freightliner

Review the scenario presented as it relates to the case of Hoyle v. Freightliner. Were the actions of the co-workers towards the female employee sufficient to meet the severe and pervasive threshold? Also, was the job reassignment to janitorial work indicative of discrimination or retaliation towards her? In providing your opini

Employment Law: Should Managers Consider Race in the Hiring Equation?

The issue of diversity is a major topic for government suppliers that have to supply census data about their workforce relative to the race of candidates that they hire for opportunities. While it is not quite as visible for private employers and those that do not perform government contractual services, it is still a hot topic.

Elements of Culture in Australia, Libya, and Canada

a. Describe elements of culture that might affect how you would negotiate a contract with a business person from both countries and from your own country. Describe the following three countries: Australia, Libya, Canada b. Explain how misunderstanding or ignoring this element of culture might adversely affect contract negotiati

Employment Law and Flight Attendants

Look at Leonel v American Airlines, 400 F, 3d 702 (9TH Cir. 2005). Read the story of the flight attendants whose conditional job offer was rescinded for failure to disclose HIV-positive status on the medical questionnaire. What do you think the court should decide and why? Look up the case on the Internet. What did the court de

Drug Testing Procedures and the Department of Transportation

A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory 84 days after the employer's urine test. T

Employers Filing Lawsuits

An employee is upset because a co-worker has been spreading rumors about her. She is threatening to file a lawsuit. If she does, what type of allegation would she be making, and what are the elements of the claim that she will need to prove in order to be successful in her lawsuit?

Employment Law and Equity

A 350 pound man interviewed for a job as a sales counselor for a weight loss center. He was told by the interviewer that he was the "most qualified" applicant, but the regional manager had concerns about his weight. He was later informed that he would not be hired now because the company is "image conscious" and his weight would

Employment Law and Social Media

Social media is changing the landscape of hiring and promotion. Some companies are going to candidates' social media pages (i.e. Twitter, Facebook, and MySpace) and looking at their postings and pictures before making hiring decisions. Some would argue that this can lead to impermissible discrimination by viewing this informatio