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Please analyze the following using the IRAC Method: 1 . Shalloway Golf is a company that manufactures specialty golf equipment. Their best selling product is
Please analyze the following using the IRAC Method:
Shalloway Golf is a company that manufactures specialty golf equipment. Their best selling product is Big Bert a golf club that has a club head the part that hits the golf ball larger than any other golf club. Because of its design, the club does indeed hit the ball an average of yards longer than other clubs. However, several clubs and tournaments have notified Shalloway that they intend to ban use of the club in official golf matches. S Although Shalloway is obligated under law to publicize this ban, the CEO, Lion Grass assured investors that the company is not aware of a ban One investor, Scooter Thomas, files suit against Shalloway. Scooter explains in his suit that he has been a loyal investor in Shalloway and a longtime fan of Lion Grass Thus, he believed their statements that the Big Bert would not be banned Scooter Thomas contacts a well known firm, Dewey Suem and Howe, to represent him in this case. The firm realizes that there are at least other shareholders who will also want to sue for their stock losses based on the announcement of the ban. They contact Scooter to see if he will be the plaintiff in a class action suit. Is this suit eligible to be a class action? Why or why not? Please include any other facts you would want to know in your analysis, noting that you should not evaluate the merits of the facts, but just whether this case would be certified as a class action.
After the class action is filed, Shalloway contacts you to discuss ways to avoid future court cases. In particular, Shalloway would like to examine different methods of alternative dispute resolution when dealing with shareholders. What method would you recommend and why? Make sure that you explain at least two options with a clear rationale for your choice.
NOTE IRAC not applicable to this question Shalloway deals extensively with the Securities and Exchange Commission SEC a federal agency that oversees Shalloways shareholder relationships. The SEC has extensive regulations that govern how Shalloway communicates with its shareholders, has the power to investigate shareholder complaints of possible infractions and has administrative law judges that hear those complaints and can make judgements on the merits of the case. What are two separate arguments that Shalloway can make against the SEC?
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