Tina just landed her dream job as a paralegal in the Wal-Mart Corporation's General Counsel's office, assisting with contracts. Specifically, she works in the General Counsel's office that reviews contracts between Wal-Mart and manufaturers in Mexico and Central America. Tina is a new paralegal and has no experience but is excited to work in a fast-paced corporate legal environment. #6 Tina is handed her first contract to review. The contract is complete and signed by both Wal-Mart and the Mexican counterparty. Before sending the final contract to Wal- Mart's business unit managers, the managing attorney asks Tina to give the document one final review to determine whether the contract is formed correctly and valid. What is Tina looking for concerning this contract to see if it is a properly formed and valid contract? #7. While reviewing the contract discussed in question #6, Tina notes a provision requiring Wal-Mart to make "cash only" payments to an individual in Mexico to obtain specific necessary government permits. Tina is concerned about these payments because she does not understand why Wal-Mart would be paying a named individual in cash rather than the Mexican Government directly. The payments may violate the Foreign Corrupt Practices Act. Explain what Tina would need to know about these payments to determine whether the payments violate the Foreign Corrupt Practices Act? #8. After Tina handles the contract discussed in #6 and #7, her managing attorney gives her an even more challenging contract to review. This contract is between Wal-Mart and Amazon. The contract discusses how Wal-Mart and Amazon will jointly agree on the manufacturing and distribution of certain Barbie toys in the United States. They will each agree to only charge the same retail price on the Barbie Toys sold anywhere in the United States. Although unstated in the contract, Tina is aware the intent of Wal-Mart's business unit managers for toys is to ensure Wal-Mart can maintain a reasonable profit margin in an otherwise very competitive consumer segment and to help the managers ensure they get a big bonus at the end of the year for hitting profit targets. Tina has a bad feeling about this contract from something she learned in her paralegal courses. Identify what law Tina is concerned about Wal-Mart violating and explain whether you feel Tina's concern is justified or misplaced. #9. After a year working at Wal-Mart, Tina is promoted to senior paralegal. With the new job comes new responsibilities, including reviewing more complex legal situations. The first situation Tina has to review is a proposed settlement agreement where Wal-Mart is paying $185,000 to 10 employees for wrongful termination. The settlement agreement explains how a Wal-Mart deli manager fired all ten deli employees upon learning that some of his deli employees were unionizing. The deli manager did this without talking to the corporate office or higher store management. Identify what law Wal-Mart might have

violated in firing the employees and explain why Wal-Mart's actions might have violated the law you identified. #10. Tina is now also reviewing reasonable accommodation requests. The first one she reviews is a request from an employee experiencing foot pain while standing at the checkout lane all day. The employee is requesting the permanent use of a stool while working at the checkout lane and that for every hour she works, she is provided a paid hour of break time to let her foot pain subside. Tina's managing attorney has not seen the request yet, and Tina needs to provide a recommendation to the attorney as to whether the employee's request should be granted or denied. What is your recommendation to the attorney regarding this employee's reasonable accommodation request? #11. Tina is reviewing the recent termination of an employee at a Wal-Mart store after the employee filed a labor complaint with the employee's state labor commission. The termination notice to the employee does not provide a reason for the termination aside from that it was termination for cause. Internal Wal-Mart records indicate the employee was terminated due to repeatedly being late to work, having a negative attitude, expressing political opinions at work, being slow at work, and frequently being found behind the building smoking when the employee was supposed to be working. The employee is not a union member and is not under an employment contract. The employee's complaint to the state labor commission is that Wal-Mart terminated his employment because they did not like his political positions and that Wal-Mart violated his first amendment rights. Explain to the supervising attorney whether Wal-Mart was legally within its rights to terminate the employee. #12. Tina is reviewing a proposed construction plan for a new Wal-Mart store. Wal-Mart wants to build a new store in an area that is currently a marsh. While doing the site survey, the pre-planning team found out that marsh is home to the endangered Iowa Hawkeye, a nearly extinct animal found in a few midwest areas. After identifying that the Iowa Hawkeye lives in the marsh, the pre-planning team halted further work and referred the issue to legal for advice on the next steps. Identify the law that likely applies to this situation and explain what factors need to be considered before Wal-Mart decides whether to proceed with the construction or find somewhere else. #13. Tina is now reviewing a proposed lawsuit Wal-Mart is considering filing against Target. Wal-Mart owns the widely recognized trademark phrase "Everyday Low Prices." Wal-Mart's registration filing indicates the trademark applies to a wide range of retail product categories in a typical Wal-Mart store. Target was recently discovered rolling out the term "Every-Day Low Prices" in the same font and style as Wal-Mart's trademark but in a Target Red color instead of a Wal-Mart blue color. Identify the law that likely