The original Seven Essays, in a cool, new outfit ...
Call 412-567-OXEN [6936] Fax 412-567-6936 Email - [email protected]

All posts in General Questions

A security alarm sales company has 19 employees. In addition, there is a 46-year-old salesperson named Beth who is paid as an independent contractor. Beth is given set hours and specific assignments by the company that is located in an â??at-willâ? state. Beth injured herself on her way to a sales call when she stopped to buy gas for her car. Since she missed her appointment due to her injury and did not promptly notify the employer, the sale was lost. The company fired her, and Beth sued. As the company’s attorney, the employer has turned to you for advice.

Prepare a brief to the company in which you describe the following issues based on the above scenario:

o Analyze the formation, rights, authority, and termination of agency and employment relationships. What ARE the legal rights and responsibilities of the respective parties given the facts in this situation?
o Identify and explain the significant employment regulations affecting, and protecting, both the security alarm company and Beth.

Debra has operated a family counseling practice for a number of years as a sole proprietor. She owns the condominium office space that she occupies in addition to her professional library and office furniture. She has a limited amount of working capital and little need to accumulate additional business assets. Her total business assets are about $150,000, with an $80,000 mortgage on the office space being her only liability. Typically, she has withdrawn any unneeded assets at the end of the year. Debra has used her personal car for business travel and charged the business for the mileage at the appropriate mileage rate provided by the IRS. Over the last three years, Debra’s practice has grown so that she now forecasts $80,000 of income being earned this year. Debra’s has contributed small amounts to an Individual Retirement Account (IRA) each year, but her contributions have never reached the annual limits. Although she has never been sued, Debra recently has become concerned about legal liability. An attorney friend of hers has suggested that she incorporate her business to protect herself against being sued and to save taxes.

Required:

You are a good friend of Debra’s and a CPA; she asks your opinion on incorporating her business. You are to meet with Debra tomorrow for lunch. What would be the points that you feel that should be discussed over lunch about incorporating the family counseling practice.

 

Dale Emerson served as the chief financial officer for Reliant Electric Company, a distributor of electricity serving portions of Montana and North Dakota. Reliant was in the final stages of planning a takeover of Dakota Gasworks, Inc. a natural gas distributor that operated solely within North Dakota. Emerson went on a weekend fishing trip with his uncle, Ernest Wallace.

Emerson mentioned to Wallace that he had been putting in a lot of extra hours at the office planning a takeover of Dakota Gasworks. On returning from the fishing trip, Wallace met with a broker from Chambers Investments and purchased $20,000 of Reliant stock. Three weeks later, Reliant made a tender offer to Dakota Gasworks stockholders and purchased 57% of Dakota Gasworks stock. Over the next two weeks, the price of Reliant stock rose 72% before leveling out. Wallace then sold his Reliant stock for a gross profit of $14,400.

1. Would registration with the SEC be required for Dakota Gasworks securities?
2. Did Emerson violate Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5?
3. What theory or theories might a court use to hold Wallace liable for insider trading?
4. Under the Sarbanes-Oxley Act of 2002, who would be required to certify the accuracy of financial statements filed with the SEC?

Jan works in a sandwich shop run by Amy. Amy makes Jan sign a noncompete contract that states if Jan quits, she is not to engage in a similar business within a three state radius of Amy’s business for 5 years. Is this contract legal and enforceable? Why or why not? If the agreement is not enforceable, how might Jan and Amy restructure it to increase its chances of being legal?

1. Consider your company or industry, or another organization with which you are familiar. For that organization, identify a common type of tort liability that can arise in the organization. What legal principles apply to that type of tort liability?

2. Select a product you are familiar with or interested in. What product liability issues arise for that product? What measures can management take to prevent these product liability problems from arising? How can they minimize legal risk involving the product?

Please assist with information and sources so I can research and compile a paper concerning the questions and Title below.

“Racial profiling in the war on terrorism”

1. Give a concise introduction to the topic and state the thesis of the paper.
2. Give a thorough analysis of the ethical implications on the chosen topic.
3. Give a thorough analysis of the homeland security implications on the chosen topic.
4. Give a final analysis of the topic, drawing on the stated ethical and homeland security implications, justifying/not justifying its use through the Just War Theory (this should be as objective as possible – it is not an opinion piece).
5. Give a final conclusion drawing together all research and analysis.