Identify the theory that plaintiffs employed inMcReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc. and explain exactly what they would have to prove at trial in this suit and what Merrill Lynch would have to do to defend itself. If you headed HR at Merrill Lynch prior to the case being brought, would you have foreseen this suit? What could you have done to at least alert the employer to the risks?