Explore BrainMass

Business Law

Impact of Sarbanes-Oxley Act

The Sarbanes-Oxley Act was enacted in response to the corporate scandals that inundated the financial community in 2001 and 2002. In your opinion, what was the most important aspect of Sarbanes-Oxley? Be sure to support your answer.

Case Study- Nicotine Company's Disclosure

Winston Cigars Incorporated manufactures cigars. You can't stand the smell of those disgusting sticks of tobacco. Winston knows that smoking cigars causes the teeth to turn yellow and that 25 percent of cigar smokers lose their teeth. Winston also includes a small amount of addictive substances in the cigars. Winston does no

Fair Debt Collection Practices Act

Compare and contrast open meetings and open records to the federal counterpart. Tell me and explain what the Fair Debt Collection Practices Act is.

Contracts Law

Sarah entered into a written contract with Safe Storage Incorporated. The agreement included a clause excusing Safe Storage from any liability for loss or damage, even if the loss or damage resulted from Safe Storage's negligent acts. Sarah signed the agreement. A fire destroyed the warehouse and all of its contents, including S

Preston Versus Ferrer Case

Read the United States Supreme Court case of Preston v. Ferrer, 128 S.Ct. 978 (2008). The ruling is attached, which is located at Answer the following questions about the case: What is the issue? What were the primary arguments made by the plaintiff and defendant?

Agency Business Law

Scenario 1: Walter Does It His Way Jonathan operated a landscaping business as a sole proprietor. Jonathan's business picked up in the spring and summer, so he asked his friend Walter to help him. After doing some research, Walter determined that he could become an employee or act as an independent contractor. Walter was exci

Business Law - Stock Question

Little Ltd. is a small, publicly-traded company that owns a valuable patent. Little has approximately 1,000 stockholders and about 100,000 shares authorized and outstanding. Big Company would like to buy out all of Little's assets, but Little's board of directors refused the offer. Big has now tendered an offer to all of Little'

Statutory Rights and Protections

Val purchased a computer from Gateway, Inc. Upon starting the computer, she was asked to agree to a number of provisions in the contract of purchase in order to continue initial installation. The program indicated that if she did not wish to agree to the terms, she could return the computer to Gateway at Gateway's expense. One o

Breach of Contract in Land Laws

If someone breaks a contract, the other party can generally sue and win some form of damages. But for centuries, the law has considered land to be unique. And so, a lawsuit that involves a broken agreement for a sale of land will usually result in an order of specific performance. Is this ancient rule still reasonable? If so

Contract Law: Gift Giving

If a person promises to give you a gift, there is usually no consideration. The person can change his mind and decide not to give you the present, and there is nothing you can do about it.But if a person makes a contract with someone else and intends that you will receive a gift under the agreement, you are a donee beneficiary a

Warranties: Liability in Practice

Liability in Practice Scenario 1: SuperKool is a company that makes air conditioners and sells them out of its SuperKool stores. SuperKool also sells used air conditioners of its own brand, which the company identifies as selling "as is" with no express warranty. For the new air conditioners that SuperKool sells, 1) What types

Legal Requirements of Employee Discipline

Discuss the legal requirements from the employer's standpoint in regards to employee discipline, and provide examples of a situation related to each one. There is a 75 word minimum response required.

How Digital Networks Are Transforming

1) How is information technology, especially the growth in digital networks (LANs, wireless (at home and at the workplace), iPods, iPads, Blackberries, cell phones, etc), changing the way people work in organizational environments? Give 2 business related examples. 2) Consider the earlier flap over Internet monitoring softwa

Compensation and Equal Pay Act

Sheila Weathers started as a bank teller, and over time was promoted to various positions. It was peculiar to her that her co-worker, Jake Sentry, was paid a higher salary for doing virtually the same work. It was time to meet with their boss, Gordon Demway, to discuss the matter. In the meeting, Weathers rattled off her job

Disruptive Change: how to manage the "disruptive change" occurring in the marketing and sales function of the healthcare sector, and how to continue to make the patient experience the focus.

Resource: Kongstvedt, P. (2013). Essentials of managed care (6th ed.). Burlington, MA: Jones & Bartlett. Chapter 16 ends with several questions and a conclusion related to the marketing and sales function of the healthcare sector. Describe your plan to manage the "disruptive change" the author describes. How will the patien

Environmental Laws vs. Economic Freedom

What is your perspective regarding environmental restrictions and economic freedom. Explain your rationale and support your view with research. Be sure to address the topics of sustainability, change management, regulation, and competition.

Litte's Law, Measurement Techniques and Process Throughput Time

1. Explain Little's Law and how it can be used. 2. Define a process and basic process measures such as cycle time and utilization. 3. Explain how a firm determines its available capacity. 4. The United States economy cannot support itself solely on its service industry. Do you agree or disagree with this statement? Defend y

Pay for Performance in the Legal Profession

Compensation based on pay for performance models is not new to corporate America, but it is practically unheard of in the law profession, until recently. Law firms are now seriously considering abandoning the traditional and long-established lock-step compensation system for a more rigorous pay-for-performance system. What could

ADA: Americans with Disabilities Act

Shirley Hoffman was a whiz at her indexing job at Caterpillar Inc. She moved faster than almost anyone, even though she was born without a left arm below the elbow. Several accomodations, including rearranging some items in her work space, allowed her to do the job. But when Hoffman asked to be trained on the department's high-s

UAV and Law Enforcement

I am in the process of preparing a response regarding UAVs as emerging technology in law enforcement. Could someone please give me a brief overview of this topic? The main areas I need assistance in are regarding the value chain analysis for law enforcement that includes the public, law enforcement officials, and suspects. How s

Employees may lose focus for their job duties and begin to miss work due to outside stress factors, such as caring for an ill spouse. When an employer notices errors and uncharacteristic issues with a worker, there are one of two things that can be done: define the problem and create a solution - or ignore it. This solution includes a reference on Federal labor laws that may apply, along with containing over 350 words.

The textbook case posed by the student was: You are a member of the senior hospital administration. You become aware of a problem involving a long-time and well-respected employee, as well as the employee's suervisor. The employee in question is a social worker; a very competent and very conscientious professional. His wife has

Performance Rating Systems

1/ Explain the value of documentation in performance rating systems and how it can create change in the organization. 2/ Select an athlete from the national football league and study the performance trends of his career. Once you have reviewed his performance trends, provide three bullets about how his career has been succes

An entrepreneur buys a business, then discovers the seller has taken a job with the competition. The potential ramifications could be decreased sales as the former owner is now soliciting business away from the new owner. This solution is over 300 words and includes a reference on the type of legal protection the entrepreneur may have.

The solution is more than 300 words, with a reference, to analyze what happens when an entrepreneur buys a business and discovers the previous owner is now working for the competition. The specific textbook case is: A man entered into a contract to buy a small business from the entrepreneur who had started it. Before completing

Children's Advertising Law

1. Issues: What is the problem with Children's advertising? Trace the sequence of events that led to the new law on consumer protection. Assess the intensity of social pressures leading to the law and its evolution. Represent the evolution in a curve, indicating the key events that permitted to divide into distinct phases. What

Partnership, corporation and limited liability

Which is better option of organization if you are opening an small business with a partner and both are investing the same amount of money, a partnership, a corporation or a limited liability company? Which will pay less taxes? Which is better protect against lawsuits or torts?

Surrogate Mother Contract Case

Case Study: William Stern vs. Mary Beth Whitehead New Jersey Supreme Court 109 NJ 396, 537A. 2d 1227 Decision: February 2, 1988 Facts: William and Elizabeth Stern placed an advertisement looking for a surrogate mother. Mary Beth Whitehead responded and entered into a contract with William Stern. Elizabeth Stern, Willi

Employment Law - Disability and Accommodation

Q#1 Also, please remember that an employer never has to "create" a job for a disabled employee. The employee must always be able to perform the "essential" functions of the job in order to be "qualified" for the job, and, therefore protected under the ADA. Please elaborate on this statement. Q#2 I work in HR so I am always