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Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (consider or example, why one of the parties in the case you're looking at may hav
Problem: Suppose that you are an employer with 110 employees and a group health plan. How would the Patient Protection and Affordable Care Act affect your company?
These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think that these issues were litigated all the way to th
Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care benefits were available run afoul of the ant
From an ethical perspective, is it fair for a holder in due course to protect himself from personal defenses such as failure of consideration or fraud in the inducement? Why?
Imagine a simulated scenario in which you will make a presentation to your HR Department in preparation for a move by the employees to introduce collective bargaining into your company.
Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its
What is the NLRB? What is its relationship to the NLRA? Lastly, what are the elements that an employee must meet to prove discrimination under the NLRA, and what must an employer show to defend agai
Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful t
What if the employee volunteers (suggests) the use of a polygraph test to prove his/her innocence in order to save him/herself from discipline?
"Not all agreements are contracts. All contracts are agreements which bind parties to their promises." Explain how the legal system (with a focus on the judiciary) can play a role in this context, wit
In this changed scenario, do you believe McDonald's would have faced a similar judgment from the courts ($6 million award and guilty of negligence, sexual harassment, and false imprisonment)? Why, o
What are some feasible alternatives to downsizing? If downsizing must occur, what criteria should be used to select those individuals who will be downsized?
Also, half of the employees have been with the employer in excess of 10 years. What legal consideration(s) must the employer assess before engaging in this reduction-in-force?
A number of employers will utilize restrictive covenants such as having employees sign confidentiality, non-competition and non-solicitation agreements upon hire.
Because of the manner in which title is set up, on the death of either owner, that owner's interest in the stock will pass by operation of law to the surviving owner who will own all of the shares,
What limits should be placed on a company's right to monitor and control its employees form an ethical perspective?
What is the best possible course of action to take when one is the target of pregnancy discrimination? Can a company ever consider pregnancy in its employment decisions? Explain.
Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
Compare the advantages and disadvantages of a limited partnership with an LLC and determine the most appropriate form of business for this venture.
There are various criteria that ethicists use to evaluate the adequacy of moral reasoning. Discuss by drawing appropriate examples from the case.
Standard preprinted forms are frequently used by merchants to negotiate sales contracts. These standard forms usually contain terms that favor the drafter.
On the way to Erica's house, the delivery truck, subcontracted by Hometown, was hit by another truck and all of the contents were destroyed. Who bears the risk of loss? What is the status of the co
Select four of the six topics from the list. In two to three paragraphs, provide information about how your new business (Jammies) will handle issues related to the topics. Provide support for your
Question: What is competitive intelligence? Why is it important to the public affairs function?