5-7 pg memo

apa

meet all requirements proficient

For this case study, craft a professional memo, appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on the issues within. Your memo should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always remember to be clear, kind, and professional in your communications Case Study 2 Fred's Miracle Cough Syrup has hit the market and become a huge success with the burgeoning integrative medicine demographic. Per your advice, Fred has patented his famous concoction and trademarked the Fred's Miracle Cough Syrup name and logo. Demand is so high that Fred and Sally are working full-time on the business. Their children, Sam and Lilly, and their respective spouses, Jane and Tim, have joined the company full-time as well. In fact, Fred and Sally have made Sam and Lilly part owners of the business. Fred, Sam, and Tim handle the production, sales, and delivery. Sally and Lilly handle the majority of the administrative and business management tasks, while lane acts as the bookkeeper. Sally and Fred are the only authorized signatories on the corporate account. Sally and Lilly have been hard at work securing a new production facility and distribution chain to accommodate an upcoming contract with a national chain. After locating a large warehouse on several acres, Sally and Lilly approach their local credit union for a loan. The business has only one business credit card used to purchase supplies for the production of Fred's Miracle Cough Syrup, and there is a small mortgage outstanding on the family farm. Personal debts of the individual family members consist of small credit-card balances for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam's van. During the commercial loan accounting review process, Sally and Lilly discover that lane has been siphoning off large amounts of corporate money and "cooking the books" to hide her actions. Jane has written several checks from the corporate account and forged both Sally's and Fred's signatures. Jane has made out all but one of the forged checks to Don, a local loan shark, in an effort to repay her gambling debts. The check Jane did not deliver to Don was made out to "Cash," which she slipped into the collection box at church in an effort to absolve her guilt. The embezzlement was so severe that the family fears that Fred's Miracle Cough Syrup is now on the brink of bankruptcy. Meanwhile, Sam's refusal to enter into an exclusive distribution deal with the local drugstore has enraged Bob, the owner. Bob has now reverse engineered Fred's cough syrup recipe and has posted it online in an act of vengeance. As Fred and Sally tearfully recount the events of the past month, you reassure them that you are on the case, and you begin to ponder the legal issues at hand. Specifically, the following critical elements must be addressed: I. What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful? Il. What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be successful or unsuccessful?Ill. What, if any, civil claims do Fred and Sally have against lane based on her actions? Why do you believe they will be successful or unsuccessful? IV. Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1). What form is most appropriate and why?V. Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study 1]. Explain which, if any, are subject to forced sales, liens, or forfeiture. VI. Analyze the implications, if any, of a potential bankruptcy action by the business on the assets of the individual family members (assume the business entity is the same form as you chose in Case Study 1). Explain If the assets of business owners are subject to forced sale, liens, or forfeiture. Vill. What legal recourse does Fred have against Bob for infringement of intellectual property rights? Do you believe he will be successful? Why or why not? Rubric Guidelines for Submission: Your submission should be a four to seven page memo, double-spaced, use 12-point Times New Roman font, and follow APA 7" edition format for layout and citations. Critical Elements Exemplary (100%] Proficient (85%) Needs Improvement (55%) Not Evident (0% ] Value Case Study 2: Meets "Proficient" criteria and Determines the legal defenses Determines the legal Does not determine the legal 13 Legal Defenses is well supported using with regard to the checks defenses with regard to the defenses with regard to the appropriate sources written by Jane to Don and checks written by Jane to checks written by lane to Don explains why defenses would Don, but does not explain be successful or unsuccessful why defenses would be Case Study 2: Meets "Proficient" criteria and Determines the legal defenses Determines the legal defenses Does not determine the legal Church is well supported with with regard to the check with regard to the check defenses with regard to the check appropriate sources written by lane and delivered written by lane and delivered written by lane and delivered to to the church and explains why to the church, but does not the church defenses would be successful explain why defenses would be or unsuccessful successful or unsuccessful Case Study 2: Meets "Proficient" criteria and Determines civil claims Determines civil claims Does not determine civil claim 13 Civil Claims provides specific supporting available to Fred and Sally available to Fred and Sally savailable to Fred and Sally evidence applied to each against Jane and evaluates against Jane, but does not against Jane element of the relevant legal potential for success of those evaluate potential for success test claims Case Study 2: Meets "Proficient" criteria Analyaxes available forms of Analyzes available forms of Does not analyze available forms 13 Bankruptcy and offers research to bankruptcy based on the bankruptcy based on the of bankruptcy based on the illustrate why the chosen chosen type of business entity chosen type of business chosen type of business entity types of bankruptcy would be and determines which form is entity, but does not available based on the chosen most appropriate and why determine which form is mostCase Study 2: Meets "Proficient" criteria and Analyzes implications of Analyzes implications Does not analyze the implications 13 Business Assets offers a nuanced insight into bankruptcy on business assets of bankruptcy on of bankruptcy on business assets the relationship between a and explains which are subject business assets, but bankruptcy action by a to forced sales, liens, or does not explain business and business assets forfeiture which are subject toCase Study 2: Meets "Proficient" criteria and Analyans implications of Analyzes implications Does not analyze implications of 13 Family Members offers a nuanced insight into bankruptcy on personal assets of bankruptcy on bankruptcy on personal assets of the relationship between a of individuals and explains if personal assets individuals bankruptcy action by a the assets are subject to forced individuals, but does business and personal assets sale, liens, or forfeiture not explain if the Case Study 2: Meets "Proficient" criteria and Determines the legal Determines the legal recourse Does not determine the legal 13 Intellectual cites specific, applicable rules recourse Fred has against Fred has against Bob, but does recourse Fred has against Bob Property of law Bob and explains why Fred not explain why Fred will be Hight's will be successful or successful or unsuccessful Articulation of Submission is free of errors Submission has no major errors Submission has major errors Submission has critical errors Response related to citations, grammar. related to diations, grammar, related to citations, grammar, related to citations, grammar. spelling, syntax, and spelling, syntax, or organization speling syntax, or organization spelling, syntax, or organization organization and is presented that negatively impact that prevent understanding of Farmed Total 100%