Explore BrainMass

Explore BrainMass

    Business Law

    BrainMass Solutions Available for Instant Download

    Whether freedom of speech is revocable in the private sector will be discussed. A scenerio regarding a co-working using profanity will be discussed and analyzed. Whether he has the right to speak in this way in the private sector will be explained.

    The First Amendment guarantees our freedom of speech. However, this amendment only applies to government (state or federal) agencies and does not apply to employees in the private sector. Employees do not have the right to discuss non-work related issues and expect the same protections. For example, a coworker routinely uses

    Stock-Appreciation Rights

    Derrick Company establishes a stock-appreciation rights program that entitles its new president Dan Scott to receive cash for the difference between the market price of the stock and a pre-established price of $30 (also market price) on December 31, 2008, on 40,000 SARs. The date of grand is December 31, 2008, and the required

    The case of the speluncean explorers

    Judge: Handy, J. (What did the judge decide? What was His Opinion? What law he use--which "schools" of law: Natural law, Positivist view, Historical view, or Legal Realism view.? Did it change society?)

    Elaine and Roy are registered nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate their business, and the steps they must take to dissolve the corporation once the 10 years has passed.

    Elaine and Roy are registered nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate the

    Legal Analysis

    What is the administrative decision in Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210? Do you agree? Would you get the same decision if the person were not a famous actress?

    Tax Laws and Renewable Energy

    Elaborate and discuss the role and impact the tax laws have made or could make in motivating and encouraging the shift towards the use of renewable energy and enhancement of green technology more effectively.

    Trademark, copyright, patent: Harley Davidson

    What is the difference between a trademark, copyright and patent? Can Harley Davidson patent the sound that a Harley makes? Could it be a trademark? Also see Harley-Davidson, Inc. v. Grottanelli,164 F.3d 806 (2d Cir. 1999) cert. denied 531 U.S. 1103 (2001)

    Business Law

    Marianne Jennings wrote an article, "Why an International Code of Ethics would be good," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/leg

    Midler v. Ford Motor Co.

    In Midler v. Ford Motor Co., Bette Midler sued Ford for unauthorized appropriation. Explain what appropriation is. Tell me what type of civil claim appropriation is and what a person has to prove to win damages for it. (short answer only)

    Objectives of a Contract

    Draft the objectives of a contract. The Objectives of the team are to: Insert here what you wish to achieve for example: Achieve the best possible results by working together in a professional, responsible and effective manner Complete team's task on time Obtain satisfactory outcomes for all team members etc No

    Rights Offerings to Raise Capital

    Rights offerings are seldom used in the U.S. to raise equity capital, but they are often used in Europe. How might you explain that fact?

    Breach of contract: Use of specific perfomance as a remedy

    In most cases, the remedy for a breach of contract is monetary damages (actual losses). In some cases, "specific performance" is the appropriate remedy. What is specific performance, why would the aggrieved part want it, and when would a court require specific performance?

    Donny's interest in a client company

    Donny's ownership of an interest in a client company is definitely a problem. Even though the stock purchase was made through completely legal means, and by using no insider information, it still can present a host of problems. The main problem is that since he owns stock in the company, he has personal gain considered based on

    Business contract transaction with which you are familiar...

    Can you help me get started with this assignment? Select a business contract transaction with which you are familiar. You may use a transaction in your workplace, or in a place where you have been a consumer, such as buying auto insurance, renting or purchasing a residence, or buying cell phones or computers. What are the

    Procurement and Contract Management - Negotiation

    In reviewing the proven best practices for the contract negotiation process, which portion of the process would be the most difficult to carry out--planning, conducting, or documenting and forming the contract? Which would be the least difficult? Is one portion more critical than the others? Justify your answers.

    Insider Trader

    Martha Stewart Case In 2007 Martha Stewart was fined $195,000 and Peter Bacanovic was fined $75,000 by the SEC. Are these fines levied by the SEC are a deterrent to insider trading? What steps should the SEC take to protect the public against insider trading?

    AstraZeneca versus the People

    Beginning in the 1990s, with their research pipelines drying up, the major players in the pharmaceutical industry moved to sustain profits by fighting to extend patent periods, by advertising direct-to-consumers, and by raising drug prices. The facts of a case filed recently in California reflect a blend of these strategies: As