...Legal Advice Future Initiatives Introduction There are several companies around the world that are planning some types of initiatives for the future. Planning for future helps them to stay updates, competitive and helps companies to achieve good results on its operations. On this paper, we shall be discussing some initiatives that might plan for next 5 years. Organization selected for purpose of current paper is Citizens National Bank, and this organization has been planning to moves forward with some financial initiatives related to a possibility that this organization might have certain, sales, licensing and e-commerce laws applicable on it. In the current paper, discussion shall be made regarding all things mentioned in the above. Organization Selected On the case of the organization selected, Citizens National Bank, the bank was established back on 1910 and had its headquarters in Kentucky. On today’s date, this institution is the second largest independently owned bank in country of United States of America. Citizens Bank currently has its operations spread across 17 countries around the world. There are various kinds of facilities and services that Citizens bank provides by including retail and commercial banking products, mortgage financing, consumer financing and management of assets. Initiatives Planned by the Bank Regarding this Bank financial initiatives, it can be stated that some types of activities have definitely been previous planned by the bank in...
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...Acme Fireworks Kelvin M. Spencer BUS 311 – Business Law I Professor David MacKusick December 4, 2015 I have been hired by Acme Fireworks Company to manage their company. As the manager I have been asked by the Owner to evaluate and re-evaluate the direction the Company is moving and provide effective feedback that can help make the company operate better. In this paper I will address whether or not the contracts will be governed by common law or the UCC (Uniform Commercial Code). I will also analyze whether the owner formed a contract with other businesses and apply the five essential elements of an enforceable contract. Next I will explain potential personal liability to Acme Fireworks if a spectator is injures by a stray firework from a fireworks display. Then I will discuss the different employment types and relationships relevant to agency law and analyze the advantages and disadvantages of each type specific to Acme Fireworks. And finally, I will explain why Acme Fireworks should not operate as a sole proprietorship. I will recommend a new business entity, and provide rationale to support my recommendation. Have you ever been to a professional fireworks display and wonder exactly what goes into putting on such a beautiful display of fire? During the Fourth of July holiday, all across America most municipalities contracts and hires professional firework companies to put on an aerial display of fireworks. As awe-inspiring as such spectacles maybe...
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...house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt. Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement to her and her reliance on it. She met with attorney, Joe, who immediately ruled out the possibility of suing him for fraud or misrepresentation, because Dan sincerely believed that what he was saying was true. Instead, Mary said to Joe, “Well, Dan isn’t a lawyer. Isn’t it wrong for him to tell me what the Ohio law is when he’s not even a lawyer?” Joe advised Mildred that this firm would research whether a person could be sued for unauthorized practice of law. Issue Based upon Ohio law, can a private cause of action exists against a non lawyer who committed the unauthorized practice of law thereby hurting the plaintiff's case? Rule Ohio Statute ORC 4705.07(A)(3) & (C)(2) A) No person who is not licensed to practice law in this state shall do any of the following: (3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law. (C) (2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may...
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...whistleblower (or “qui tam”) supplies of the False Claims Act let private people to bring suit on behalf of the government against persons or business who have present fake assert to the government. Under the Act, a whistleblower is free to a percentage of the costs that the government finally get thus of the court case. The qui tam supplies have been used with increasing occurrence in current years to start court case against pharmaceutical producer for deception that these companies have supposedly committed against federal and state health care programs. This paper tries to clarify the effects that these whistleblower court case have had upon the health care industries. This paper also suggests traditions that the False Claims Act and government enforcement efforts could be rehabilitated in order to decrease both playful qui tam court case and require for such wide False Claims Act trial History of the Whistleblower Provisions of the False claims act The False Claims Act (“FCA”) is one of the strongest tackle the government possesses for fighting fraud adjacent to the United States. As the government may bring suit to improve sufferers from deception without collaboration from private people, the FCA also approve private people with non-civic information relating to the deception to bring suit on behalf of the government. These whistleblower (or “qui tam”) suits allow the applicant to get a proportion of the revival for the government, that proportion...
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...Project Motorcycles This paper discusses the type of project organization that would suit the development of the larger touring class motorcycles along with the steps my company would take in order to develop the motorcycle. Next, I will recommend one strategy to the senior executives that the organization might use to balance a short- and long term eeds. Then, I will suggest the project management leadership style that is most conducive to overseeing the operation of the business growth plan. Finally, recommend three risk mitigation strategies to address project plan details that might be forgotten or overlooked. The project organization that would suit the development of the larger touring class motorcycles is the matrix organizational form. This is a “project-driven” form and the project managers reports directly to the vice president and general manager- which the power and authority comes from the general manager, however the project manager is responsible and accountable for the projects success (Kerzner, 2011, p. 125). The technical responsibility is maintained by the functional department, as well as the available information that can be exchanged for each project (p. 125). The process steps my company would take in order to develop the motorcycle are (Unknown, n.d.) : • Weigh risks of product failure against benefits of product success • Obtain short-term facilities for production of test products • Allocate temporary workers • Obtain small amounts of inventory...
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...Davis v. The Board of County Commissioners of Doña Ana County Wanda Pennywell Professor Jama Rand HRM 510 July 16, 2011 Abstract In this paper I will discuss the case of Davis v. the Board of County Commissioners of Doña Ana County. In this case Joseph Herrera an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer that at the time of his employment he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. 1. What was the legal issue in this case? The legal issue in this case is whether or not the Doña Ana County Detention Center was responsible for the actions of Joseph Herrera. While working for the Doña Ana County Detention Center, Herrera was under investigation for sexually harassing various females in the detention center. The sexual harassment claims involved sexual statements and comments, requesting to have sexual relations with the inmates and in some cases receiving sex from the inmates in return for assisting them with various different things. The...
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...Products Liability Research Paper Tonya Bailey Strayer University LEG 500---Law, Ethics, and Corporate Governance Professor Lynn Macbeth June 2, 2012 Products Liability Introduction As consumers, we purchase products that we feel are beneficial to us in some way or another. The products that we decide and choose to purchase are solely up to the individual. If there is a problem or accident that may occur a result with use of that product, then the consumer is liable. But producers and manufacturers are not exempt being that it is there product, and this is where legal liability issues occur. “Product liability refers to the responsibility of manufacturers for injuries and damages caused by their products” (Hellriegel & Slocum, 2011, pg. 52). In this paper, I will examine the Toyota Motor Company and how this company has been the subject of a product liability lawsuit. First, I describe the company and the product safety issue that led to the lawsuit. Next, I will discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why I agree with the decision in the case. Then, it will be relevant to mention the changes that have taken place in the company to ensure greater safety of this product or its products, including specific policies that the company has put in place to protect consumers and end users who purchase and use its product. Afterwards, I will discuss the regulatory agency that oversees the particular...
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... This paper discusses the scenario provided by CJUS 201-4 dealing with the discussion of civil rights and how this is reflected by a situation such as real life decisions and the consequences regarding the civil rights of the individuals involved in a possible crime of robbery. The paper will discuss the factors to consider when determining if civil rights have been violated, if there was sufficient cause for officers to stake out the store, reward of damages to victim, racial profiling, and citizen review boards. In addition, this paper will discuss the recommendation for types of oversight systems, when you would reach out to an oversight system, the pros and cons of these systems and legal issues that may arise for an oversight system. Phase 4: Civil Rights Project Part One In 1957 The Civil Rights Division in the Department of Justice was created after the enactment of the Civil Rights Act of 1957. This division works to uphold all the constitutional and civil rights of the citizens of the United States, especially those Americans, which are the most at risk members in society. This division enforces all federal statutes barring discrimination based on race, color, sex, religion, familial status and national origin (Civil Rights Division, 2013). According to US Legal (2013) civil rights are guaranteed by the Bill of Rights, which includes the 13th and 14th Amendments. These include the right to due process; every person under the law will receive...
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...ABSTRACT This paper briefly discusses Mars Inc., beginning with a brief history of its origins in 1911. The paper continues with identifying some of their products, as well as some initiatives they are currently working on here in the U.S. as well as abroad. Some elements of administrative law that may be relevant to the current and up-coming initiatives and are discussed as well as the sales laws needed to be considered. Recommendations are made to help the company minimize threats of lawsuits. Frank C. Mars began making candies in his Tacoma, Washington, kitchen in 1911 and established the company’s first roots in the confectionary business. In the 1920s, his son, Forrest E. Mars Sr., joined his father in business and together they launched the now world famous Milky Way bar. In 1932 Forrest Sr. moved to the United Kingdom where he founded his own company with a dream of building a business model based on his philosophy of a “mutuality of benefits for all stakeholders”. This vision serves as the foundation of the Mars Incorporated we know today. Mars, Incorporated is a private, family-owned company and employs more than 65,000 associates at over 230 sites, including 135 factories, in 71 countries worldwide. Headquartered in McLean, Virginia, U.S.A., Mars Incorporated is one of the world’s largest food companies, generating global revenues of more than $30 billion annually and operating in six business segments: Chocolate, Petcare, Wrigley Gum and Confections, Food...
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...Fruit of the Loom Crystal Hendren Professor Gregorio Business Law I August 24, 2012 Fruit of the Loom headquarters are in Bowling Green Kentucky. It was founded in 1851. It is owned by Berkshire Hathaway. The company is one of the largest manufacturers it markets men’s, boy’s, women’s, and girls underwear. They also do T-shirts and fleece, casual wear, and women’s jeans wear. Fruit of the Loom emploees more than 32,000 people world wide. There logo is an apple, leaves, green grapes, currants, and purple grapes. The first thing that I will talk about is what they are planning to do in the next 5 years. The second thing is the upcoming initiative(s) and what the impact of those laws will be. The third thing is the applicable sales, licensing, and e-Commerce laws and what the company will need to take into consideration during their initiative(s). The fourth and final thing will be the recommendations for the company to minimize the threat of lawsuits relating to privacy protection. The product liability, or intellectual property rights. The first thing is they are going to reduce carbon emissions, such as reducing packaging, recycling and reducing transport distances. The second one is that they are going to start making kids clothes. The third one is that they are going to have more people working for them. The fourth thing is that they are going to try to get people to buy more of there stock so that they can do better. The fifth and final one is that they are going to...
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...Wendy Kendall | | | Abstract The Fair Labor Standards Act (FLSA) was designed in an effort to bring the United States out of the Great Depression, but has evolved into one of the most important legislative measures to ensure fairness for all employees. This paper highlights government’s role in the compensation as well as the main provisions of the FLSA including minimum wage, overtime, record-keeping, and child labor laws. It also illustrates real and potential costs of non-compliance. Keywords: FLSA, minimum wage, overtime, child labor laws Introduction The main objective of government’s role in compensation is to assure that procedures for determining pay are fair to all. Government intervention in the compensation process includes equal pay for both men and women when performing equal or similar jobs, eliminating exploitation of children, and safety nets for unemployment and the disadvantaged. Beginning with the creation of the Bureau of Labor in 1888, government intervention has addressed many injustices, and continues to update them as new issues arise. The purpose of this paper is to track the evolution of government’s role in the compensation process, expand on some of the more prevalent laws, and highlight class action or individual legal actions against companies that violate these regulations. History Government intervention in the labor market began in 1867 when the House of Representatives created a standing committee on labor, marking the first...
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...Dealing with Fraud Liquid Professor Beharry Health Care Policy, Law, and Ethics March 18, 2013 Abstract This paper will evaluate how the Healthcare Qui Tam affects health care organizations while providing (4) examples of Qui Tam cases that exist in a variety of health care organizations. Other responsibilities discussed, are devising a procedure for admission into a health care facility that upholds the law about the required number of Medicare and Medicaid referrals; the ability to recommend a corporate integrity program that will mitigate incidents of fraud and assess how the recommendation will impact issues of reproduction and birth. The know how to devise a plan to protect patient information that complies with all necessary laws. Evaluate how the Healthcare Qui Tam affects health care organizations. The Healthcare Qui Tam affects health care organizations in that well over more than 450 hospitals across the country were the subject of Medicare fraud investigations. Whether or not Medicare violations are found, the costs of responding to an investigation can be significant. Westchester Medical Center of New York, being investigated for possible health care fraud and violations of anti-kickback laws, received a subpoena for extensive records in some thirty-seven categories going back to 1997. Millions of dollars may be spent in legal fees and other costs associated with the investigation (e.g., hiring or reassigning staff to assist with compiling...
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...property and the corresponding rights over intellectual property are crucial to the economic, social and technological development of any country beyond doubt. Globalization also has made the Intellectual property rights a subject matter of international concern. All nations who want to promote and project their development in all aspects must protect the rights over intellectual property by granting legal veil through exclusive enactments. Realizing this fact, all industrialized nations and by now most developing countries of the world have enacted laws for the protection of ‘works of mind’. To comply with the international obligations Bangladesh also has introduced intellectual property rights protection system. This research paper explores to seek how enforcement mechanisms in Bangladesh are intrinsically precious, effective and thenceforth, worth in protecting the rights of IP holders. As an obvious flow of discussion the paper reiterates to look beyond the constraint and formulation of a comprehensive legal framework for IP protection. Key Words: Intellectual property, trademarks, copyrights, patents, enforcement, globalization. Introduction In today’s world intellectual property surrounds us in nearly everything we do. No matter what we do, we are surrounded by the fruits of human creativity and invention.2 In the knowledge based new economy the...
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...legal issue in this case was deciding whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation about a present or former employee, when a substantial risk of physical harm to third persons by the employee is foreseeable (Walsh, 2010). The defendant in this case is Joseph "Tinie" Herrera and the plaintiff is Mariah C. Davis. Joseph former supervisors Frank Steele (Director) and Al Mochen (Captain and Assistant Director), both gave positive endorsements about him to the Mesilla Valley Hospital (MVH). They hired Herrera based on the favorable recommendations, which was the heart of the Plaintiff's suit against the County. Mariah C. Davis sued the County of Dona Ana (the County) for injuries suffered during a patient stay at Mesilla Valley Hospital (MVH)." Davis alleged that hospital employee Joe Herrera sexually assaulted her. The Plaintiff alleged that MVH’s decision to hire Herrera was based on misinformation provided by Steele and Mochen. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? According to Mann (2000), “The Court of Appeals held that when the county law enforcement officers (Steele and Mochen) undertook to provide an employment reference, they owed a duty not to make negligent misrepresentations to the subsequent employer, and that this duty extended to the patient...
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...Sebastian and his two sons a duty of care as a customer. The concept of duty of care generally known as the ‘neighbour’s principle’ is effectively established in the case of Donoghue v Stevenson. The legal principle of Donoghue v Stevenson is, in order for the plaintiff to sue in negligence he has to prove the four vital points which are, the defendant owes a duty of care to the plaintiff and the defendant did not take proper care which resulted in damage or injury to the plaintiff. Hence, in this case the manager of the supermarket breached his duty by negligently accusing Sebastian in front of a public for stealing and also labelling Sebastian as a cheat and liar without having any accurate evidence. Therefore, my recommendation would be that Sebastian may file a law suit against the Poorich supermarket for the negligence of the manager in handling the matter which is reasonably foreseeable that it caused Sebastian embarrassment and emotional distress. The second lawsuit that can be brought against the supermarket, would be trespass to a person. The three types of trespass to a person is battery, assault and false imprisonment. In the case of Sebastian, the appropriate action to be taken would be false imprisonment. The general principle of false imprisonment is an illegal detention of a person against his or her will by another person in such a manner as to disrupt the detained person’s right to be free from restraint of movement. Hence in this case, when the manager refuse...
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