Assignment 2 Legal Issues Case Study Part II
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Assignment 2: Legal Issues
Case Study Part II
Read the scenario and the
questions that follow. Identify the legal issue(s) and apply legal concepts and
possible arguments for each question. Prepare a solution for each question using
laws, cases, examples and/or other relevant materials. At the end of the paper,
identify potential ethical issues and propose a solution for each issue.
Support your answers with information from the textbook and at least two
outside scholarly sources. By Tuesday, May 10, 2016, prepare a 7 to 9-page
paper that identifies the legal issues and potential solutions and answers all
questions presented, supported by relevant legal authority. Properly cite all
sources using APA format.
This assignment requires application of the concepts learned in Weeks 1 – 5 and
is worth significantly more than previous assignments.
Marcus is a second year law student working as an intern for the largest law
firm in Chicago, Illinois. The senior attorney introduced Marcus to a new
client, Kay Roc, the founder of the famous fast food chain, McWilliams. As the
owner of this large organization, Roc is looking to your firm to handle all of
her legal needs.
Marcus learns the following information from his meeting with Roc and her
staff.
·
McWilliams recently hired a
former high-ranking official from the Food and Drug Administration (FDA) to
help improve the image of McWilliam’s products and ensure compliance with state
and federal government regulations. Roc is concerned about a recently proposed
rule that will require McWilliams to obtain additional permits and result in
more frequent inspections by the FDA. The agency published the rule in the
Federal Register last week. These new permits will create more work and expense
for Roc. The former FDA employee indicated that he knows people at the FDA who
might be able to make the proposed rule disappear in exchange for contributions
to the new food safety training facility in Atlanta, Georgia.
·
McWilliams is being sued by
two customers.
·
·
Hal Coker is suing McWilliams
for negligence and deceptive trade practices claiming the fast food chain does
not adequately inform the public of the dangers to their health and eating the
food can lead to health problems.
·
·
Keith and Kathy Allison were having
dinner with their two daughters at a McWilliams in Detroit when the couple
started to argue. The argument escalated and Keith shouted that he was going to
kill his wife. When Keith stormed outside, Kathy dialed 911 and asked the
manager to help them. The manager said he could not get involved in domestic
disputes. Kathy and her daughters hid in the restroom; however, Mr. Allison
returned with a gun, which he used to shoot Kathy and his two daughters before
Detroit police shot killed him. Kathy died at the scene, and the two daughters
were seriously injured. A wrongful death lawsuit filed against McWilliams on
behalf of the girls.
·
McWilliams is famous for its
golden MW logo and mascot, McBurger. Roc wants to ensure the McWilliams logo
and mascot are protected from use by others without permission. Roc reminds you
that this protection should extend use in the United States and in other
countries. She also asks you if it would be possible to sue a competitor,
McDonalds, for their use of one golden arch logo, similar to McWilliams.
·
Eric Roc, Kay Roc’s son, had
no interest in working for McWilliams after graduating from college and passing
the CPA exam. Eric applied for a position as accountant with Bean &
Counter, LLC. an accounting firm specializing in assisting small businesses in
Atlanta, Georgia. On November 28, the firm offered Eric a 12-month employment
contract with the yearly salary of $75,000 starting on January 1. The contract
contained the following provisions.
·
Eric could not be terminated
during the12-month term of employment unless he committed an illegal act.
·
·
Any disputes would be resolved
using a mediator selected by the accounting firm.
·
·
Eric would not be permitted to
work for any accounting firm within a 100-mile radius of Atlanta for two years
after leaving the firm.
·
Eric accepted the job and
signed the contract the same day, November 28. Eric decided to keep the news
secret until he returned from his two-week vacation in Hawaii. On November 30,
Roc offered to give Bean & Counter her company’s entire accounting business
if the firm hired Eric. The firm accepted. When Eric told his mother the news
about getting the job on November 28, Roc refused to transfer any accounting
work to Bean & Counter. The accounting firm filed a suit against Roc,
citing the parties had a contract. When Eric showed up for work on January 1,
the firm informed him that they no longer needed his services. One week later,
Eric found another job with Cooke & Books, a firm specializing in providing
auditing services for restaurants and businesses in the food industry. The
office was located in downtown Atlanta, just two blocks from Bean &
Counter.
·
Drew Scott, the director in
the real estate division of McWilliams, met with Jed Turner about purchasing a
large tract of land owned by Turner in Oak Brook, Illinois, a suburb of
Chicago. Scott knew the company planned to bulldoze the acreage to create
Burger University, a state of the art training facility. Scott judged Turner to
be 85 or 90 years old. During the meeting, Scott noticed several brochures
about Alzheimer's and assisted living facilities, as well as several
prescription bottles sitting on the table. After discussing the good old days
for several hours, Scott and Turner agreed on the sale of the land for
$400,000. Since Scott brought a blank copy of a contract with him, he helped
Turner complete the paperwork and both parties signed. Unbeknownst to either
party, the purchase price was written as $40,000. On the day before the
closing, Scott called Turner to remind him of the location of their meeting to
sign the remaining documents. Confused, Turner said he didn't know anything
about selling that land and he had no intention of selling his land to some
dimwitted young whippersnapper who tried to cheat him.
Based on the scenario, create
a 7 to 9-page Microsoft Word document. In addition, the document should address
the following and any others issues you may discover:
·
Describe the steps in the
administrative process from the agency’s and the citizen’s perspective when a
government agency proposes a rule or regulation. What would you recommend Roc
do in response to the FDA's proposed rule?
·
Should Roc make a contribution
to the food safety training facility? Why or why not? Please provide a legal
basis for your decision.
·
Discuss the legal issues of
the lawsuit between Hal Coker and McWilliams. Determine which party will win
and provide support for your decision.
·
Discuss the legal issues of
the lawsuit between the Allison children and McWilliams. Determine which party
will win and provide legal support for your decision.
·
Are the MW logo and mascot,
McBurger, considered intellectual property? If yes, what type? If not, why not?
Are there any issues with protecting the logo or mascot in the U.S. and in
foreign countries? Does McWilliams have a case against McDonalds over the use
of the golden arches?
·
What is the status of the
employment contract between Eric and Bean & Counter?
·
Will the non-compete provision
be enforceable? Why or why not?
·
What is the status of the
agreement between Roc and Bean & Counter?
·
Does Scott, on behalf of
McWilliams, have a valid contract with Turner? What are the basic requirements
for contract formation? What defects in the contract formation process may have
occurred?
Submission Details
Based on the different
situations described in the scenario, create a 7 to 9-page Microsoft Word
document.
Support your answers with
appropriate research, reasoning, cases, laws, and other relevant examples.
Submit the paper in APA format
and properly cite sources on a separate page
