Question
Facts: Adam and Mary were roommates and had known each other since childhood. Adam is a vegan and a spokesperson for an animal rights group.
Facts: Adam and Mary were roommates and had known each other since childhood. Adam is a vegan and a spokesperson for an animal rights group. Mary is an MBA graduate from Stanford and an analyst for a prominent Wall Street brokerage house. Adam often engages in heated debates with Mary about her choice of employment, suggesting she is engaged in immoral activity. Adam, deeply concerned about Mary's choices in her life, once bought her a copy of The Sixth Extinction: An Unnatural History, a book about the future of the world. She gave the book, unread, to her personal assistant.
Mary's employer planned to officially announce its negative earnings forecast for MeadowLife Vitamins, an herbal vitamin and remedy company. Mary casually mentioned to Adam, a day before the public announcement, that it was time to sell any vitamin stocks he held before they "tanked" big time. Unbeknownst to Mary, Adam was a member of the board of directors of MeadowLife. As a result of her warning, Adam was able to warn his fellow board of directors about the forthcoming negative announcement and they all sold their shares at a profit before the stock took a significant loss. The board did not tell anyone else in the company and many employees lost significant value in their 401(k) accounts as a result. Adam took his profits and invested in a high yield mutual bond fund.
Assignment:
We represent Mary.
- Advise your assigned party by drafting a legal opinion that identifies important legal issues, discusses the applicable law, and reaches logical conclusions as to their potential legal liability. For example, is a party likely to be sued or do they have a cause of action against another party? Make reasonable assumptions when necessary to complete THE analysis. In addition, identify, analyze, and suggest how to resolve any ethical issues that exist in this scenario for the party to whom are assigned.
In your legal opinion, (1) set out the legal questionsor issues that must be addressed; (2) identify the relevant facts. Remember, not all facts may be relevant; (3) thereafter, begin your analysis, on which the legal opinion depends by setting out the provisions of the law (or laws) that are applicable to the relevant facts; and, (4) finally, resolve the legal questions or issues that you initially identified by applying the law to the relevant facts to reach logical conclusions. Write your conclusion in an objective (not subjective) manner. Do not spend time writing about your personal opinions. Your conclusion describes the legal rationale supporting your decision.In summary, what are the legal principles you are applying to the facts of this case that support your conclusion?
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