Question
Answer the questions using legal reasoning/analysis of laws,/rules the issue and a conclusion. 1. Charli was an employee of Arterza Enterprises. Disappointed with the fact
Answer the questions using legal reasoning/analysis of laws,/rules the issue and a conclusion.
1. Charli was an employee of Arterza Enterprises. Disappointed with the fact that she cannot get a promotion and is working longer hours than she would like. After many months of thinking, Charli decides to go into business for herself. Just before leaving the employment of Arterza Enterprises, Charli copies the names and contact information of all customers, clients within the Arterza Enterprises database. As she starts her new business, Charli communicates with all of the Arterza Enterprises' clients and solicits their business. A statute in the state where Arterza Enterprises and Charli conduct business prohibits the taking of trade secrets from a business. Has Charli violated the statute? What other legal issues are implied in Charli's move to go into business by and for herself?
2. Bert and Ernie formed a partnership and built a movie theater. Five years later Bert, the managing partner, informed Ernie that the theater was in profound financial trouble and that he had tried to sell the building but had failed. Bert said that the best thing to do would be for one to buy the other out, in addition to concurring that their equity in the business was not worth more than $5 million. Ernie sold his half interest in the partnership to Bert for $2.5 million. Later he discovered that their equity in the business amounted to over $10 million and that Bert had received several offers to purchase the business. Ernie brought suit to rescind the sale, to have the partnership dissolved, and for accounting. Should Ernie succeed? Why or why not? What defenses may Bert have?
3. The Occupational Safety and Health Administration (OSHA) Occupational Safety and Health Act provides that an employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards." OSHA is studying the possibility of issuing a rule stating that all OSHA rules apply to areas of the home if an employee works from home during the pandemic. In reading the selected portion of the enabling statute, do you believe OSHA can regulate areas of the home? Why or why not?
4. The federal Clean Water Act grants the Environmental Protection Agency (EPA) the power to, inter alia, generate an authorization system that will tolerate pollution being discharged into Lake Sammamish and to grant those authorizations as permits. The EPA granted a discharge permit to Boricua Concrete Company (BCC). The permit listed a set of conditions, all of which are the product of formal rulemaking by the EPA that must be satisfied before BCC can discharge. BBC wishes to challenge the EPA's determination of conditions in federal court. What standard of review should the court follow with regards to due process? Analyze the administrative law implications by outlining the due process legal analysis substantially and procedurally .
5. Katy, Lionel, and Luke were accounting students at a local university. Upon graduation and becoming certified public accountants, the three formed a limited liability partnership. One of their clients, Seacrest Enterprises, worked primarily with Lionel. Unfortunately, Lionel provided tax advice to Seacrest that proved wrong and cost Seacrest thousands of dollars. Who is liable and to what extent? What would be different if the three formed a limited liability company instead of a limited liability partnership after graduation? How would the outcome change or remain the same?
6. Kamsui, Hotaka, and Moriko desire to form a limited liability company. Kamsui possesses years of experience managing a business. Hotaka is a brilliant software engineer. Moriko is wealthy. Would you advise that the three owners adopt a membermanaged or a manager-managed limited liability company? Or a corporation? Why?
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