29 Jan 4. DEFONTE’S OF RED HOOK

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 2 CASE ANALYSIS

This week we will examine the issue of administrative rules promulgated by governmental agencies. Both at the federal and state levels, agencies such as the EPA, SEC and the FCC promulates agency rules as a means of setting standards for businesses to follow.

Some say we have way to much governmental regulations interfering with businesses operating in the United States. Others say such regulations is a must to protect consumers.

Your Case Analysis study is to select a DRAFT Federal regulation found in the Federal Register and answer the following questions:

1. Name the Agnecy proposing the draft regulation and describe the proposal or change.

2. Write the public comment that you would submit for this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment.

3. Provide the “deadline” by which the public comment must be made. (If the date has already passed, please provide when the deadline was).

4. Answer the following questions about your chosen proposal, regardless of whether you are in favor of this proposed regulation.

a. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court.

b. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned, and why?

Along with your word document with your answers to these questions, also attach a pdf.file of the draft regulation that you selected.

Here is where you will find the Federal Register

https://www.federalregister.gov/documents/search?conditions%5Btype%5D%5B%5D=PRORULE (Links to an external site.)Links to an external site.

You may select a proposed rule in this area by selecting one of the newest ones or selecting by agency a proposed rule to work with in this case analysis assignment.

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 3 CASE ANALYSIS

Lets examine the following case as we examine tort cases this week…..

Mary Johson is traveling on I-270 in her own vehicle in the center lane of traffic. Bob Wilson is driving his company truck owned by his employer, Anderson’s Medical Supply. Andersons is solely based in Columbus, Ohio and provides medical supplies to local nursing homes and assisted living centers which operate here in Franklin County.

Wilson is travelng in the left hand lane of traffic. As he talks on his phone to a customer, he changes lanes without looking. Johnson, who is in Wilson’s blind spot, does see the truck enter her lane. Wilson side swipes Johnson causing her to lose control and crash into a retaining wall. She suffers a broken left hip and is off work for approximately 6 months. Her lost wages amounts to $50,000. Her medical bills are $500,000.

Lets answer the following questions.

1) How do we determine which court will Johnson’s attorney file a civil suit to recover her lost wages and medical bills?

2) Who will she sue?

3) What court will Johnson’s attorney file the civil suit? Federal court? State court?

4) What type of civil claim is this and what will Johnson’s attorney need to prove (what elements) in court?

Be sure to upload your word document with your answers

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 4 CASE ANALYSIS

This week, we examine contracts in the business environment. Lets look at at how modern day contracts and contract law co-exist in a changing business environment.

Over the years, common law doctrine governed how contracts were formed and executed. As things changes and commerce become more accelerated, the Uniform Commercial Code was formed. In particular, Afticle II of the UCC governs commercial contracts.

But today, it became apparent that both common law and UCC did not really addressed contracts bourne out of the internet. Thus, the The Uniform Computer Information Transaction Act (UCITA) was created. Answer the following questions:

1) What issues does a internet contract pose?

2) What is the mailbox rule and what issue does it present for e-contracts?

3) What is the UCITA?

4) Is the UCITA important and why?

Helpful Resources:

http://corporate.findlaw.com/business-operations/legal-issues-in-contracting-on-the-internet.html (Links to an external site.)Links to an external site.

http://www.ucitaonline.com/who-wrote-ucita/ (Links to an external site.)Links to an external site.

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 5 CASE ANALYSIS

This week our case analysis revolves around employment law. Specifically, how does the principal-agent relationship impact liability issues for a business. lets take a look at the following scenario.

Phil is employed by Boudon Enterprises (BE). BE hired him began employing him in 2015 to work on the redevelopment of their computer system. Phil is paid an hourly wage and received a W2 from BE at the end of each year. BE also provides Phil with healthcare insurance and they take federal, state and local taxes out of his paycheck.

One day, Phil decides to go out for lunch at Joe’s Bar and Grill with some co-workers to celebrate his birthday. His Boss Jim pays for everyone’s lunch and buys 6 rounds of beers which Phil drinks each of the 6 beers. Jim pays for lunch including the beers with a BE corporate credit card. Jim tells eveyrone at lunch, don’t tell anyone at work that BE paid for everything.

As Phil is pulling out of Joe’s Bar after a good 2 hour lunch where he consumed 6 beers, he does not see Nicole pulling into the Bar’s parking lot. A car accident occurs and Nicole breaks her wrist and suffers a concussion where she misses a month of work.

1. Is Phil an employee or a indepedent contractor? Explain?

2. Does Respondeat Superior come into play here? Defined the term and exlain whether it is relevant in this situation.

3. At the time of the accident, is Phil in the scope of employment? Why or why not?

4. Is BE liable for Nicole’s injuries? Why or why not?

5. Does it matter who paid for the beers? Why or why not

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 6 CASE ANALYSIS

Select someone you can find in the news in the last 8 years who has been prosecuted for a white collar crime. Answer the following questions about their case.

1) Name of the white collar criminal and what kind of career did they have….include, where they worked, what was their profession, and detail any wealth they had accumulated.

2) What crimes did they commit?

3) Outcome of their prosecution? Did you agree with this outcome?

4) Where are they today?

5) What important business-related or professional related lessons did you take away from their situation?

Be sure to attach the article you used to conduct your research on this particular case.

Submit your assignment.

MGMT520 Legal, Political, and Ethical Dimensions of Business

WEEK 7 CASE ANALYSIS

As we discuss this week business formation, one of the things we all need to know is how to file business-related paper work when starting a business and how to access this information electronically so we can look at other business-related information. For this exercise, I selected two states to complete this assignment. Other states retain their bunsiness records in similiar fashion and you should review how your particular state holds such records as well. But to simplify the exercise, lets work with these two states.

In Ohio and in New York, corporations must be file with the state for creation (ohio, the Secretary of States Office) (New York, New York Department of State). The corporate names needs to be filed and articles of incorporation are filed separately to create the corporate entity.

Ohio Business Search:

In Ohio the Business Section of the Secretary of States Office, you can search online business names and find out various information including (1) the businesses type of business formation (i.e., coroporation for profit), original filing date of the business, current status, and location of the business. You look here: https://www5.sos.state.oh.us/ords/f?p=100:1:::NO:1:P1_TYPE:DETAIL (Links to an external site.)Links to an external site.

By clicking on the Entity Number beside the business name, you can look at the actual corporate filing documents. Under the Articles of Incorporation (for profit), you can see who signed the atricles of incorporation. Lets do the following: Look up 1 of the following business entities –

1) WENDY’S OLD FASHIONED HAMBURGERS OF NEW YORK, INC

2) HUCKLEBERRY HOUSE, INC.

3) JENI’S SPLENDID ICE CREAMS, LLC

New York Business Search:

In New York Department of State, You look under the business search section by entering the business name to gather information about the business (Look here: https://appext20.dos.ny.gov/corp_public/corpsearch.entity_search_entry (Links to an external site.)Links to an external site.). you can search online business names and find out various information including (1) the businesses type of business formation (i.e., coroporation for profit), original filing date of the business, current status, and location of the business.

Look up 1 of the following business entities –

1) Pizza GardenDEFONTE’S OF RED HOOK

2 Motiva Networks

3. MICHAEL PAGE INTERNATIONAL INC.

4. DEFONTE’S OF RED HOOK

Answer the following questions:

1) What type of business is the business registered (e.g. LLC)?

2) Is is currently active or not?

3) When was the business first Incorporated?

4) Is the registered agent named or not, If yes, who is it?

5) Do shares exist for the business? If yes, how many?

Additional Questions about your state:

6) What state agency in your state retains business records?

7) Are these business record kept in a similiar fashion as in Ohio or New York?

Submit your assignment.