Questions and Answers of Business Law Ethical Global

As part of its collective bargaining agreement with the United Steelworkers of America, the Kaiser Aluminum and Chemical Company established an on-the-job craft training program at its Gramercy,
In July, Vanguard Corporation began operating a metal furniture manufacturing plant in Brooklyn, New York. The plant is located in an area that has not attained the national ambient air quality
The U.S. Forest Service is responsible for managing the Cabinet Mountain Wilderness Area in northwestern Montana. The wilderness area consists of approximately 94,272 acres and is part of the
Jill Beaver was an employee at RGIS Inventory Specialists. She became ill while on vacation with acute sinusitis, bronchitis, and an ear infection. She was prescribed an antibiotic by a physician,
Mary Delaney worked as a data entry clerk at Signature Health Care Foundation, a nonprofit organization that provides physical therapy services to its clients. Shortly after she began her employment,
Maetta Vance, an African American woman, worked at Ball State University as a catering assistant in the University Banquet and Catering Division of Dining Services. Over the course of her employment
KellyMarie Griffin works for the City of Portland, Oregon, as a clerical employee in the Parks and Recreation Department. She complains of conflict with her coworkers. In particular, Therea Lareau,
In March 2006, Lindsay Fleck suffered a chronic ankle injury, resulting in her inability to stand for prolonged periods of time or walk significant distances. In August 2007, she began working at the
In 1972, Randy Counts began his employment with Shell at its Belpre, Ohio, plant. Counts was laid off within a month of starting work but was rehired in 1974. Counts states that upon returning to
Professional Real Estate Investors (PRE) operated a resort hotel in Palm Springs, California. Having installed videodisk players in the hotel’s rooms and assembled a library of more than 200 motion
Armstrong Surgical Center (the Surgical Center) wished to establish an ambulatory surgery center in Armstrong County, Pennsylvania. At the time, Armstrong County Memorial Hospital (the Hospital) was
Ricky Hasbrouck and 11 other plaintiffs were Texaco retail service station dealers in the Spokane area. They purchased gasoline directly from Texaco and resold it at retail under the Texaco
Sanitizing agents are used to kill algae and bacteria in swimming pools. As of the time of the case described below, pool owners could use any of three sanitizing agents. One was liquid pool bleach;
Illinois Tool Works (ITW) manufactured and marketed printing systems that included three relevant components: a patented ink-jet printhead; a patented ink container; and specially designed, but
Denny’s Marina Inc. filed an antitrust action, described more fully below, against various defendants: the Renfro Defendants (Renfro Productions Inc.; Indianapolis Boat, Sport, and Travel Show
Stanley Crawford owed $2,037.99 to the HeiligMeyers furniture company on a credit account. In September 2001, LVNV Funding LLC acquired the debt from Heilig-Meyers. The last transaction on
John E. Koerner & Co. applied for a credit card account with the American Express Company. The application was for a company account designed for business customers. Koerner asked American
Sylvia Miller, a married woman, wanted to buy a pair of loveseats from a retail furniture store. The store offered to arrange to finance for her through the Public Industrial Loan Company. Public
Reclamation (Reclamation) administers the Klamath Irrigation Project, which uses water from the Klamath River Basin to irrigate parts of Oregon and California. After the Department began developing
Commercial radio and television stations operate under licenses issued by the Federal Communications Commission (hereinafter, Commission) pursuant to a statutory framework set up by Congress. A
Ernst & Young, an accounting firm, was retained by Camelot Systems Inc. to provide tax advice. Camelot also retained a law firm to provide tax and other legal advice. At all times, E&Y was
AccentPoint LLP is the external auditor for EDelphos Corporation, a public company required to file periodic reports with the SEC under the Securities Exchange Act of 1934. You are the audit partner
John Kinross-Kennedy, age 85, of Irvine, California, was a CPA licensed in California. Kinross was registered with the PCAOB since 2005. As of July 15, 2013, Kinross was the independent public
Danske Invest Management A/S purchased American Depositary Shares, a type of security, issued by Longtop Financial Technologies Ltd. When making the purchase, Danske relied in part on Longtop
Prospect High Income Fund and other investors bought high-yield bonds from Epic Resorts LLC, a vacation timeshare operator. The bonds were secured by Epic’s assets and protected by an indenture
Lawrence Polizzotto was the head of investor relations for First Solar Inc., the manufacturer and seller of solar modules. First Solar also designed, constructed, and sold complete solar power
The wife of Ching Hwa Chen was the senior tax director of Informatica, a data integration company. In late June 2012, Informatica learned it would miss its revenue guidance for the first time in 31
In early May 2001, American Express Fihinancial Advisors (AEFA) CEO James Cracchiolo received a fax from AEFA CFO Stuart Sedlacek advising him that AEFA was facing additional losses on its highyield
Lululemon Athletic Inc. is a manufacturer of athletic apparel. Among its most popular products are fitness pants made from a proprietary material known as luon, an amalgamation of 86 percent nylon
PNC Financial Services Group Inc. received a request from activist investor Boston Common Asset Management to include a shareholder proposal in its upcoming annual meeting proxy statement. The
Joseph Crotty was a vice president of United Artists Communications (UA), a corporation with equity securities registered under the Securities Exchange Act of 1934. Crotty was the head film buyer of
Between December 4 and December 17, 2008, John Malone, a director and major shareholder of Discovery Communications Inc., sold 953,506 shares of Discovery’s Series C stock and purchased 632,700
In 2012, Facebook Inc. filed with the SEC a registration statement under the Securities Act of 1933, pursuant to which Facebook would make a public offering of securities. During the waiting period
In 2005, The Freeman Group purchased preferred shares offered by The Royal Bank of Scotland (RBS) in an offering registered under the Securities Act of the 1933. In the prospectus by which the
Roxxit Corporation is in the business of providing cloud computing and other network solutions. It is incorporated and headquartered in Ames, Iowa, where all 225 of its employees are resident. It
Tom Hirsch, Berta Walder, Howard Walder, and Harish Shah were member managers in Radical Bunny LLC. Between 2006 and 2008, they raised nearly $190 million from investors in the name of Radical Bunny.
Sutter Ranching Corporation, an Oklahoma farming and ranching family corporation, had a provision in its articles of incorporation that provided the corporation could take action to dissolve only
Mary Brodie, Robert Jordan, and David Barbuto were the only shareholders of Malden Centerless Grinding Co., a Massachusetts corporation. Beginning in 1984, each held one-third of the shares of the
In 2014, General Motors Company recalled nearly 29 million cars worldwide due to faulty ignition switches, which could shut off the engine during driving and thereby prevent the airbags from
Furman Nutrients Inc. is a producer of food additives for commercial and consumer use. It is dominant in its field for a number of food additives, including MSG, ETDA, lactic acid, and caramel. For
Axcelis Technologies is a Delaware corporation that manufactures ion implementation and semiconductor equipment. Westland is a Michigan pension fund that owns Axcelis common stock on behalf of its
Kenneth Cole Productions (KCP), a New York corporation, designs and markets a broad range of footwear, handbags, and apparel under various brand names. Kenneth Cole has been the controlling
Michael Baker and Michael Gluk were the CEO and CFO of ArthroCare Corporation, a public company. Due to fraud committed by two senior vice presidents of ArthroCare, John Raffle and David Applegate,
Simon J. Michael, a director of Shocking Technologies, was the only representative of the holders of two classes of Shocking preferred stock. Over time, significant disagreements between Michael and
Caremark International was involved in two health care business segments: providing patient care and managing care services. Over an extended period of time, Caremark officers and employees acting on
James Donald was the chef executive officer of DSC communications, a Delaware corporation headquartered in Plano, Texas. In 1990, DSC’s board of directors entered an employment agreement with
Stufft Farms was a Montana corporation that owned and operated a family farm. The only shareholders were five family members. The bylaws included a share-transfer restriction stating that no
Pro Brands Inc., a South Carolina corporation, hires Treena Javitz as vice president of marketing. Pro Brands and Javitz sign a written contract by which Pro Brands agrees to pay Javitz an annual
George Richert agreed to retain Crye-Leike Realtors as his sole and exclusive real estate agent to find a building for Richert’s business. The agency contract was signed by Richert and by Colman
Hydro-Dynamics Inc. (HDI) manufactured bed sheets, principally for waterbeds. HDI purchased cloth from Fieldcrest Cannon on credit for several years. John Meyer was an officer and director of HDI
Robert Waddell decided to go into the construction business, and therefore, he signed the articles of incorporations for R. H. Waddell Construction Inc. as the incorporator on August 19, 1988.
Charles McCrory has invented a new battery technology that will revolutionize the automotive power industry. To exploit the technology, McCrory seeks the financial assistance of several private
Janelle Golino controls 65 percent of the voting shares of J-Go Web Solutions Inc. Golino is also the board chair and CEO of J-Go, and she controls the board of directors, all of which she elects by
John Hildreth was the sole shareholder, director, and officer of a New Jersey corporation, HCE Inc., also referred to as HCE-NJ. Engaged in the construction business, HCE-NJ began to do business in
Ryan, a resident of Connecticut, is an investment banker in New York City and has an apartment in New York City. Cerullo is a resident of New York and owns Cerullo & Company, an accounting firm
Barnesandnoble.com LLC (BN Online) is an Internet retailer of books, movies, and music. The company accepts orders from customers across the country, including in St. Tammany Parish, Louisiana, and
Travis Granato, a resident of Michigan, traveled to New York City to visit his brother. While there, he stopped in an electronics store in the Union Square area, 14th Street Photo, a New York
Joshua and Regan Bowers join Addison Barnes to form a private equity limited partnership, Kestrel Investment Partners LP. They plan to sell to wealthy investors limited partnership interests totaling
Brookside Realty Ltd. was a limited partnership. In the limited partnership certificate filed with the secretary of state, four of its limited partners agreed to make capital contributions and be
Virginia Partners Ltd., a limited partnership organized in Florida, was in the business of drilling oil wells. When Virginia Partners injected acid into an oil well in Kentucky, a bystander, Robert
Cralle Comer and Stephen Chapman form two manager-managed limited liability companies, Garrison-Ashburn LC and Garrison-Woods LC. Comer and Chapman each own a 50 percent membership interest in each
Ruben Pazmino was an employee of Buena Vista Realty Group LLC, an Indiana limited liability company. From February 2008 through July 2008, law firm Bose McKinney & Evans LLP did legal work for
Stephen Doherty wrote a software program called Viper for Lester Szlendak. Doherty and Szlendak, along with Peter Katris and William Hamburg (both employees of Ernst & Company), formed Viper
Wilbur and Dee Warnick and their son Randall Warnick formed Warnick Ranches general partnership to operate a ranch in Sheridan County, Wyoming. After a dispute among the partners arose, Randall
Steven Schwartz, Ken Epstein, and Peter Munk enter into a partnership agreement. All are dentists by profession. Under the partnership agreement, they form Family Dental Group Clinton Associates.
In 2009, Jean Pierre Maufras and William Mansfield formed a Wisconsin limited liability partnership, TideTraders LLP, to provide online training for securities market traders. In October 2012,
Steven Gursky and Louis Ederer are law partners in a New York limited liability partnership, Gursky & Ederer LLP. Ederer withdraws from the LLP after a severe falling out with Gursky and because
Terry Powell was a property owner in Marshall County, Kentucky. Tosh Farms General Partnership raised swine in barns on land within one mile of Terry Powell’s residence. Jimmy Tosh was the general
Redwood Management Company sought to develop an apartment complex on 10.25 acres of land at 1950 Fostoria Avenue in Findlay, Ohio. The land was owned by the Ballinger Family Partnership, and the
Spector (“S”), Rosenberg (“R”), Patron (“P”), and Konover (“K”) agree to build a shopping plaza in Seymour, Connecticut. There is no written partnership agreement. The four orally
Don O’Neal, a physician, was the managing partner of a medical practice, Sulphur Springs Medical-Surgical Clinic. As managing partner, he made the day-to-day financial decisions regarding the
Dennis Ranzau and William Brosseau formed a partnership to purchase the Casa T, a house in Acapulco. Their intent was to use the Casa T as a vacation home for a few weeks each year, to lease it for
John Szymanowski and Michael Wheeling entered a partnership with Robert Brace and BCD Properties, Inc. The partnership, known as BSW, was to drill two gas wells in Erie County, Pennsylvania, on
You are a financial and management consultant. Your client, Apple Inc., has decided to move forward with the development and manufacture of the iBrain, its next-generation data communication device.
Clint and Paige Crumley lived on a dairy farm in Hand County, South Dakota. In August 2007, Clint purchased a herd of dairy cows from James McGregor. When McGregor delivered the dairy cows to
In August 2003, Tammy Duncan began working as a waitress at Bynum’s Diner, which was owned by her mother, Hazel Bynum, and stepfather, Eddie Bynum. Tammy, Hazel, and Eddie signed an agreement
You and four of your closest professional friends agree to form a securities and real estate consulting business that advises wealthy individual investors and small companies. The business will help
Joan Brevig McCormick and Clark Brevig are sister and brother. When their father passes away, Joan becomes a partner with her brother in the Brevig Ranch, and eventually they become 50–50 partners.
Tammy Bauer hires consulting firm Accent Pointe to find a buyer for the formula and trade name of her pest repellent, NO BUGGZ. Bauer tells Accent Pointe to tell prospective buyers that NO BUGGZ is
Maria Millan opened two brokerage accounts at Dean Witter Reynolds. The broker for both accounts was her son Miguel, an employee of Dean Witter. Over the course of the next three years, Miguel
Lee Cain was an officer and director of Timber Creek Oil Co., the operator of oil wells that it failed to plug after the Texas Railroad Commission ordered it to do so. The Commission authorized the
Richard Daynard, a Northeastern University law professor, contracted to provide tobacco litigation assistance to the Ness law firm in South Carolina. The Ness firm and the Scruggs law firm of
The Work Connection (Connection) was a temporary employment agency that provided workers to customers for a fee. Doyle Olson, a sales representative for Connection, contacted Universal Forest
Shelley Opp lived in California with her husband, Richard Opp, until they sought a divorce. Ten months later, Shelley contacted Soraghan Moving and Storage to move her personal property from
The song “He’s So Fine” is a huge hit in the United States and Great Britain. Bright Tunes Music Corporation is the copyright holder of “He’s So fine” and sues ex-Beatle George Harrison
Mui Luu and Cu Tu Nguyen sold their Vietnamese calendar business to Con Tu. Luu and Nguyen agreed to continue to work for Con Tu for four years as managing agents of the business. During the time
Julianne Eisenberg was hired by Advance Relocation & Storage, a Danbury, Connecticut, warehouse. When she was hired, Advance did not inquire into any special skills that Eisenberg may have had,
Albert Arillotta, acting for Interstate Demolition and Environmental Corp. (IDEC), sent an e-mail to CSX Transportation, a railroad company, stating an interest in buying rail cars as scrap.
James Drumm and Debra Brading lived together on and off for several years. Drumm was providing financial support to Brading. Brading had written numerous checks on Drumm’s checking account and had
In November 2005, Michele Fehl, an administrative assistant recently hired by AFT Trucking, stole eight company checks from the company’s offices. She made out the checks to herself in various
Formica Construction Company was the general contractor in the renovation of a restaurant owned by Mossi Inn Inc. Mossi is a closely held corporation whose sole officers and shareholders are the
Panlick, the owner of an apartment building, entered into a written contract with Bucci, a paving contractor, whereby Bucci was to install asphalt paving on the parking lot of the building. When
Liccardi Ford made out a check dated August 10, 2007, that was payable to one of its employees, Charles Stallone. Because Stallone was suspected of embezzlement, the company withheld the check from
Sheri Zimmerman executed a “Promissory Note” dated March 20, 2007. The total amount on the note was $46,378 with a principal amount of $40,000 and $6,378 in interest. The promissory note stated
Gary Vaughn signed a document stating that Fred and Martha Smith were loaning him $9,900 to be “repaid when you can.” Eighteen months later when Vaughn had not paid the note, the Smiths sued
Is the following instrument a note, a check, or a draft? Why? If it is not a check, how would you have to change it to make it a check? To: Arthur Adams January 1, 2019 TEN DAYS AFTER DATE PAY
Gibson, a collector of rare old Indian jewelry, took two of his pieces to Hagberg, a pawnbroker. The two pieces, a silver belt and a silver necklace, were worth $500 each. Hagberg loaned only $45 on
In August, Norma Wade purchased a Ford Thunderbird automobile and gave Ford Motor Credit a security interest in it to secure her payment of the $7,000 balance of the purchase price. When Wade fell
Pope agreed to sell certain land to Pelz and retained a mortgage on the property to secure payment of the purchase price. The mortgage contained a clause providing that if Pelz defaulted, Pope had
Prior to September 11, 2001, attacks that destroyed the World Trade Center (WTC) towers, 22 insurance companies had issued property insurance binders covering the WTC complex. These binders were

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