Page 1

MGMT 520 Entire Course

For more classes visit www.snaptutorial.com MGMT 520 Week 1 DQ 1 National and International Ethics - Patent Rights MGMT 520 Week 1 DQ 2 As the pendulum swings. Ethics and the Law MGMT 520 Week 2 Assignment: Administrative Regulations MGMT 520 Week 2 DQ 1 Chapter 5: Problem 7 and 4 MGMT 520 Week 2 DQ 2 Too much regulation or not enough ? MGMT 520 Week 3 DQ 1 Breach of Warranty MGMT 520 Week 3 DQ 2 Environmental Liability & Due Process MGMT 520 Week 3 Homework ES Assignment MGMT 520 Week 4 You Decide MGMT 520 Week 4 DQ 1 Killer Performance Req. MGMT 520 Week 4 DQ 2 Larry Podder or Harry Potter MGMT 520 Week 5 DQ 1 Mapp v. Gimbels MGMT 520 Week 5 DQ 2 The Lemon Tree Dilemma MGMT 520 Week 5 Midterm MGMT 520 Week 6 DQ 1 Price Fixing & Antitrust MGMT 520 Week 6 DQ 2 Consumer Protections MGMT 520 Week 6 You Decide ES MGMT 520 Week 7 DQ 1 Multinational Companies MGMT 520 Week 7 DQ 2 Sox and Insider Trading MGMT 520 Week 8 Final Exam *******************************************************

MGMT 520 Week 1-7 All DQs

For more classes visit


www.snaptutorial.com MGMT 520 Week 1 DQ 1 National and International Ethics - Patent Rights MGMT 520 Week 1 DQ 2 As the pendulum swings. Ethics and the Law MGMT 520 Week 2 DQ 1 Chapter 5: Problem 7 and 4 MGMT 520 Week 2 DQ 2 Too much regulation or not enough ? MGMT 520 Week 3 DQ 1 Breach of Warranty MGMT 520 Week 3 DQ 2 Environmental Liability & Due Process MGMT 520 Week 4 DQ 1 Killer Performance Req. MGMT 520 Week 4 DQ 2 Larry Podder or Harry Potter MGMT 520 Week 5 DQ 1 Mapp v. Gimbels MGMT 520 Week 5 DQ 2 The Lemon Tree Dilemma MGMT 520 Week 6 DQ 1 Price Fixing & Antitrust MGMT 520 Week 6 DQ 2 Consumer Protections MGMT 520 Week 7 DQ 1 Multinational Companies MGMT 520 Week 7 DQ 2 Sox and Insider Trading *******************************************************

MGMT 520 Week 2 Assignment Administrative Regulations

For more classes visit www.snaptutorial.com Assignment: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you


(briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? 1. Describe the proposal/change. 1. Write the public comment that you would submit to 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. 1. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) 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. a. 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? *******************************************************

MGMT 520 Week 3 Homework ES

For more classes visit www.snaptutorial.com 1) What are the elements of negligence that Mr.Margreiter will need to prove against the hotel in order to win his case? List the five elements here. 2) Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel. Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements


of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. 3) What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense 1. Question : During an appeal, the appeals court is required to rely on the evidence submitted during the trial. The "record," which is made by both parties during the trial, including all objections and other submissions of evidence, is binding on the appeals court, unless it was erroneous or not reasonable to believe or accept that evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are beyond the weight of the evidence or defy credulity.) Because the jury can weigh the body language of the witnesses during trial, and the record on appeal can't show that, appeal courts prefer allowing juries to make "fact-finding" decisions. Judges on appeal try to look for legal theories to overturn cases (or uphold them.) They make the "law" based decisions, based on the record before them. With that understanding, explain the decision of the appeals court in the Margreiter case. In doing so, discuss which facts the court relied on in its decision and which facts the losing party requested the appeals court decide the case on, although it refused to do so. 2. Question : Now review the Nordmanncase. The Margreitercourt used this case to assist it with making its decision (see line two of paragraph #4 of the Margreiter opinion.) What did the Nordmann court say was the "duty of care" a hotel owes to a guest to protect him from injury by third persons? Provide that here. Then, review the facts that the Nordmann court relied on to determine there had been a breach of the duty by the Nordmann court. Briefly recite those here as well. 3. Question :


Notice that the Margreiter court doesn't state which duty it imposed on the hotel – it simply recites as "precedent" the Nordmann case for its legal basis. Now that you know the duty of care that the Margreiter court used in its decision, briefly compare the two sets of facts from the two cases. Then answer these questions: a) Do you feel that the Margreiter case had as strong facts as did the Nordmann case for holding the hotel liable? Why or why not? b) Which facts do you feel most strongly weigh in favor of the court's decision in the Margreiter case? c) Which facts do you feel were a stretch by the court in Margreiter? d) Which case do you feel was more of a "slam-dunk" case to decide and why? 4. Question : Do you agree with the decisions by the NordmannandMargreiter courts? Do you feel that the decisions were ethical in nature? Why or why not? Use one of your ethical dilemma resolution models to analyze the court's decision of one of the two cases to help support your answer and include that analysis in your answer (i.e., Laura Nash, front page of the newspaper, Blanchard & Peale, Wall Street Journal). Make sure to set out the steps of the model and apply your reasoning and facts to the model in your answer. *******************************************************

MGMT 520 Week 4 You Decide Team discussion

For more classes visit www.snaptutorial.com Scenario Week 4 You Decide GM520 Legal, Political and Ethical Dimensions Scenario Summary


This group project covers a contract dispute situation. As a group, work through the following questions. Feel free to ask further questions in the thread of your group members, and answer your group members questions as well. The best work will be where all group members work together to get the questions answered. You will be graded on the quality of your posts, but points will be deducted if your answers are duplicates of your group members'. Take turns and build on posts. The questions below have more than one part within each of them so work through them together. Have fun with this! The main thing is that you learn from this exercise, along with creating some quality collaboration with your group. Read the Group Project under Course Home or the Assignments page for this week for the full grading rubric for this group project. Good luck! Download and review thecontract here. Your Role/Assignment You are the manager of a large data processing project. Your company, Systems Inc., worked very hard to obtain a contract with Big Bank to do their conversions from their recent acquisition, Small Bank. The bank met with several companies to discuss who would do the best work on the contract. During your meeting with Big Bank, you told them that you had “never missed a conversion deadline.” At the time, your company had never missed a conversion deadline, but the company had only done three conversions. You also told them that your data processing systems were the fastest around.” After months of negotiation, Big Bank signed the contract. The president of Big Bank said, “We like fast, and you guys are fast. We choose you." You started work on the data conversion immediately (ahead of contract). According to the contract, your team was responsible for ensuring that the new bank’s data were converted to Big Bank’s data processing system. The contract involved six large conversions. The first involved converting Big Bank’s savings accounts, the second its checking accounts, the third its investment portfolio, the fourth its credit card, the fifth its mortgage portfolios, and the six its large business loans. Your team completed four of the six conversions without a problem. The fifth task, the largest and most important, has encountered numerous problems. Some problems have been based on personnel issues on your part and other issues have been based on the


bank’s failure to provide you with necessary information. One issue resulted when the conversion was delayed for over one week. The data to be converted were formatted differently than the bank’s previous specifications provided. For that reason, the data conversion fields needed to be changed. A provision in the contract required your company to receive four people’s approval before making any changes to the conversion data fields, and one of those four people, Glenda Givealot, was out of the country doing missionary work in an area of the world that did not have cell phone reception. Another issue resulted when the conversion was supposed to occur. Because of the change in the timeline, the conversion schedule had to change. The weekend the conversion was rescheduled to occur, an ice storm struck the state where your data processing computers were housed. Your facility lost electricity for 3 days and the conversion was delayed again until power could be restored. KEYPLAYERS Big Bank President The bank’s president, who is a known hothead, was furious. He called you after power was restored and yelled, “We are rescinding this contract!” He also threatened to take the case to court to seek damages. Systems Inc. President Your company president wants this situation resolved amicably. He also wants to maintain the contract with the bank, as he sees the potential for a large amount of business with the bank in the future if this contract proves successful. Corporate counsel believes that the bank just needs to be shown that they are out of compliance with the contract just as we are and that both parties are to “blame.” He wants you to start negotiations with the bank to modify certain provisions of the contract to make expectations clearer. YOUDECIDE Activity Below is the list of questions you should work together to answer in this thread. Feel free to come up with more to answer together if you need them. Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party? What facts


have to be alleged and proven? What is the result of a contract that is rescinded? Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank’s potential damages? Review the facts provided and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract? In this situation, amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution? There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e.g., what happens if one party performs completely but the other party performs only substantially?) Give examples from outside readings or experiences in your career or personal business life. What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project.) You Decide: Contract Creation and Management – Group Discussion Thread Make sure you have a "Group" thread showing this week. If not, email your instructor ASAP. Review the You Decide Scenario found in your Group Area. Enter the Group Thread by no later than Wednesday to discuss the aspects of the scenario with your group. Your grade will be based on making at least six good, high-quality posts over at least three days to the thread that reflect on the You Decide's contract issues and that answer the questions posed at the beginning of the thread. Your instructor will NOT lead this thread – it will be up to the groups to run the thread. (Take this opportunity to get to know your classmates in your group!) You earn 75 points in this project, set up as follows: (60 possible) Quality/quantity post points. You can earn up to 10 points for each high-quality post to the


thread. A high-quality post will reflect on a learning tip from the You Decide, provide significant factual background from the You Decide that helps explain a learning point being made in the threads, pose an exceptional question that moves the group thread forward in a manner that creates more learning (while responding to another student's question or thought), or will provide a definitive and analytical answer to one of the main questions in the thread. Faculty may deduct points for less-than-high-quality posts (however, making more than six posts will help "ensure" that you will achieve the full complement of points, as you will get credit for each post you make, up to the maximum amount of 60 points for this part of the project). (10 possible) Days posted. You must post on at least three days. You will get 3 points credit for each day you post. ("I agree"- or "Yeah, great post!"-style posts will not count for a "day posted." The post must have some quality to count on the day). One point will be given to each student who posts their first post to the Group Project thread by no later than Wednesday. (5 possible) Group points. How well your group works together will give you 5 possible points. Ways to get points include the following: build on each other's posts (i.e., read group members' posts and respond) and ensure all questions in the SIM project thread beginning are covered (i.e., don't duplicate group members' work – build on their answer or answer another question). Ways to lose points include requiring instructor intervention in the group process, failing to work together, and ignoring each other's posts. (This group grade will be the same for each student in the group who posts value-added posts on at least three days in the thread. If a student posts less than three days, his or her group grade may be lower than the other group members' grade due to not helping the group with facilitation of the thread. Harassment or lack of netiquette in a thread may also be a reason for an instructor to deduct one group members' grade over others.) *******************************************************

MGMT 520 Week 5 Midterm


For more classes visit www.snaptutorial.com 1. Question : TCO B. Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new "Freedom isn't Free Act" that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents' returns and do not pay income tax). Anyone who received the "earned income credit" is barred from voting unless they return the payment from the government. Proof of payment of the tax can be made by showing a copy of the prior year's W2, a copy of the prior year's tax return, or a signed statement from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200.00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned. 2. Question : TCO F. When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California common law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. 3. Question : (TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud


traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current offering of SUVs. Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or "valley fever." Valley fever is a disease well known to Arizona residents, and most have had it if they have lived there over 10 years. Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents.

Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments:

Was there negligence in the failure of General Motors to warn Bud? (15 points)

Discuss all defenses General Motors may have. (15 points)

Does strict liability in torts apply to this situation? Why or why not? (10 points) 4. Question : TCO D: Barney and his 16-year-old son BamBam are riding in Fred's car. Fred had taken some prescription medication that morning that stated on the bottle, "Warning, may cause drowsiness." The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He


avoids hitting the truck with the blow-out but suffers damage to the left side of his car. BamBam hits his head on the side of the car, getting a concussion and permanently losing the sight in his right eye. Fred has state law required auto insurance with the minimum policy limits. Fred's wife, Wilma, immediately calls Betty, BamBam's mom, and apologizes when she finds out about BamBam losing his eye. Wilma says to Betty, "Please don't worry. We will pay for anything the insurance doesn't cover, including the loss of BamBam's sight and anything else he needs to recover and live a normal life." Betty sobs and says, "You are too good to us. We can't accept that." Wilma says, "Of course you can." Betty cries harder and says, "Thank you so much but (unintelligible)" and hangs up. Fred and Wilma own a house worth $450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum has offered $200,000 in the past, and some stocks and bonds worth $700,000. A lawsuit ensues and a judgment against Fred and for BamBam is entered for $300,000. The insurance company paid their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for BamBam made specifically by Calvin Klein with a picture of Fred and Wilma's daughter, Pebbles, on it. Wilma hugs BamBam when she brings over his new eye patch and says, "Anything. Anything you need. We will take care of it for you." Fred rolls his eyes at Barney, and Barney sighs and shakes his head. Betty and Wilma both cry at how adorable BamBam looks with his new eye patch. Barney buys BamBam a new car, specially designed for people with one eye. Wilma finds out and calls Betty, asking how much the car was. Betty says they are making payments on the car of $450/month for the next 4 years. Wilma writes Betty a check for $450, and sends her one every month for the next 8 months. Eight months after the judgment was rendered, BamBam is discovered to have more damage to his head than originally thought. He loses sight in his other eye and now is totally blind. BamBam's parents sue Fred and Wilma again for personal injury, but the case is thrown out as the first case already decided the injury case. Fred refuses to pay more to BamBam, and he takes the checkbook away


from Wilma when he discovers she's been making BamBam's car payments. The two families stop speaking to each other. BamBam throws away his now useless eyepatch and becomes despondent. His dreams of being a drag racer seem to be over. BamBam's attorney refiles the case, this time on grounds that Wilma's statement to Betty was a binding contract that requires that Wilma pay any remaining damages to BamBam, for the remainder of his life. Was Wilma's statement a binding contract? Using the law of contracts, explain why or why not. Does BamBam's age have anything to do with your answer? Can Fred be bound by the potential contract Wilma may have entered into? Use the law of agency to explain your answer to that question. Did Wilma's purchase of the eye-patch give BamBam a greater leg to stand on in court? What about the car payments she made? Explain fully your answer to these questions. 5. Question : TCO I. Marianne Jennings wrote an article, "Why an International Code of Ethics would be good," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne's article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne's article, and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations. An oil travesty has occurred. In the Gulf Coast, British Petroleum's deep-sea oil well has had a major malfunction and has exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf, and now the entire southern portion of the United States coastal areas has been destroyed. BP initially came out with advertisements using the CEO of the company apologizing and promising to make this right for the citizens


of the United States. Then, the CEO was removed by BP from working the disaster. The crisis continues. Based on the "timing" of the crisis and resolutions that have occurred at the time of your exam, answer the following question using the most relevant facts you know. Using Marianne Jenning's article, would an international code of ethics have assisted with the handling of this crisis? Would it have helped BP avoid this crisis? Do you see this as an ethical issue? Support your answer with concepts from her article, as well as other ethical reasons. 6. Question : TCO A. Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest *******************************************************

MGMT 520 Week 6 You Decide ES

For more classes visit www.snaptutorial.com 1. Question : Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases


either for or against Teddy's case that impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis of the case against Teddy's. 2. Question : The NJ Human Rights commission found that Pollard was the victim of sexual harassment and disparate treatment. Please answer these questions: a. Provide the most current definition of "sexual harassment," including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case in which an employer was found liable for either quid pro quo or hostile environment sexual harassment. Describe the facts of the case and the decision the court came to in the case. Include the citation to the case and a link to it online. Would the case apply to Pollard's case? Why or why not? Would you want to use this case in Teddy's favor or Pollard’s favor? (10 points) b. Explain which form of sexual harassment you suspect the NJ Human Rights commission found Virginia had been a victim of and why you feel that is the case. Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position. (10 points) c. Explain what defenses to sexual harassment Teddy's had in this case. (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement.) (10 points) d. What is disparate treatment and why do you think the Human Rights commission found it had occurred? Do you agree with this decision? (10 points) 3. Question : Review the sexual harassment policy that Teddy's has in place and that Virginia Pollard signed. Virginia Pollard claims she had planned to make an anonymous complaint but the website allowing that was down on the day she tried to do so. During the Human Rights Commission case, a review of the website statistics shows that


Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination. The commission determined that this ability of Teddy's to track employees' use of the site was a violation of their anonymity and therefore refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future can not claim "technical issues" for why they didn't make a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law. 4. Question : How would Pollard's case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer. *******************************************************

MGMT 520 Week 8 Final Set 1

For more classes visit www.snaptutorial.com 1. TCO D Short Answer Question and Facts for Page 1 Questions: A well known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins &Robins supplier named Casings, Inc., that supplies the capsule casings for the medication pills. Casings, Inc., also sells shell casings for ammunition. Over $8 million in inventory is impacted. The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada.


Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold overthe-counter medications to incorporate a special tracking bar code (i.e., UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period. They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised “privacy” concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them.) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc., states, in section 14 B.2.a., "The remedy for defects in supplies shall be limited to the cost of the parts supplied." Casings, Inc., had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence. List any bases Robins & Robins could sue Casings, Inc., under contract theory ONLY for the damages caused by the explosives in their drugs, over and above the cost of the capsule shells. (short answer question) (Points: 15) 2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the “tracking bar” requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act. Explain your answer. (Points: 30)


3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence. The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are an employee with the FDA. You are drafting a memo to your boss analyzing the FDA’s liability and explaining why the FDA did the right thing in deciding not to pass the original tracking bar (UPC) rule. You are specifically being told to respond to the issue of the deaths and illnesses. What would you write? Include (and fully explain) any defenses you feel that the FDA could use against any negligence or public relation cases. Explain what liability (if any) the FDA could have to the victims and their families. (Points: 30) 4. TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their “fake” recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case? (Points: 30) 5. TCO I. A Canadian citizen whose child died from the medication sues the FDA for allowing the sale of dangerous medication in Canada. The lawsuit is filed in the International Court of Justice (ICJ). Is this the proper court to hear this case? Why or why not? (short answer question) (Points: 15) Question 2 – 2 essays, 30 points each.


1. TCO E. Anna and Lisa both sue Pastor Forester and the school under Title VII. Analyze their Title VII lawsuit against the school and Pastor Forester. Explain whether you feel that the two injured teachers have cases for recovery (describe the theories and whether you feel they will be successful). Discuss whether the school being a religious, private school has any bearing on liability or protection from liability. Include all defenses available to the school and Pastor Forester. (Points: 30) 2. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The president of the board of directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their "less-thanChristian" behavior in firing him. The board immediately convenes to discuss “damage control.” It knows you took a law and ethics course recently and asks you to write a news release to the local newspaper explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. (Points: 30) – Exact - XX Page 3 – Two essays at 30 points each. 1. TCO F. Ellen DeGeneres sues Clean Clothes for the use of a lookalike model for the slacks advertisement. She includes Lanham Act, misappropriation, and "right of publicity" claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases, and why will those support her cases? What defenses will Ellen


have against Clean Clothes's and JOSB's countersuits? Do you think any of the three will win their cases? Why or why not? (Points: 30) 2. 2. TCO G. It is discovered that 2 weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to “vigorously trade� the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000.00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show because she typically trades their stock? (Points: 30) *******************************************************

MGMT 520 Week 8 Final Set 2

For more classes visit www.snaptutorial.com TCO D Short Answer Question and Facts for Page 1 Questions A well known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small


particles of plastic explosive. The plastic explosives came from a Robins &Robins supplier named Casings, Inc., that supplies the capsule casings for the medication pills. Casings, Inc., also sells shell casings for ammunition. Over $8 million in inventory is impacted. The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold overthe-counter medications to incorporate a special tracking bar code (i.e., UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period. They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised “privacy” concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them.) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc., states, in section 14 B.2.a., "The remedy for defects in supplies shall be limited to the cost of the parts supplied." Casings, Inc., had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence. Robins & Robins sues Casings, Inc., for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorney's fees, and for punitive damages. List any defenses Casings, Inc., would have under contract theory ONLY. (short answer question) 2. TCO B. The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to


challenge this and begins the process of adding them to all of their products. However, McFadden, Inc., a New York pharmaceutical company, realizes that this new requirement is going to bankrupt them immediately. McFadden did not participate in the original public comment period. However, this rule is different from the rule that went through that public comment period in that it specifically names four companies as being impacted: Robins & Robins, McFadden, Inc., Bayer, and Johnson & Johnson. On what bases can McFadden challenge this requirement imposed by the FDA, and can they be successful? Provide at least two bases under the Administrative Procedures Act and justify your answer. (Points: 30) 3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence. The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are the attorney for one of the dead children’s family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses. TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the Laura Nash method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, lifethreatening recall. Analyze their “fake” recall as well. Show all of the


steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain. 5. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity. Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Points: 15) Question 2 - 2 essays, 30 points each. TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health.) You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOL'S liability only. Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discuss whether the school being a religious, private school has any bearing on or protection from liability. Include all defenses available to the school. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He


then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their "less than Christian" behavior in firing him. The board immediately convenes to discuss “damage control.” They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. Page 3 - Two essays at 30 points each TCO F. Ellen DeGeneres sues Clean Clothes for the use of a lookalike model for the slacks advertisement. She includes Lanham Act, misappropriation, and "Right of Publicity" claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases and why will those support her cases? What defenses will Ellen have against Clean Clothes and JOSB's countersuits? Do you think any of the 3 will win their cases? (Why or why not.) 2. TCO G. It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments, but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to “vigorously trade” the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000.00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) – and whether she should be concerned. Is her prior trading activity a defense? Should


Ellen have avoided discussing JOSB publicly on her show since she typically trades their stock? (Points: 30) *******************************************************

Mgmt 520 Competitive Success--snaptutorial.com  

For more classes visit www.snaptutorial.com MGMT 520 Final Exam Set 1 1. Farmer Joe Andrews, who owned 350 acres of farm land,...

Mgmt 520 Competitive Success--snaptutorial.com  

For more classes visit www.snaptutorial.com MGMT 520 Final Exam Set 1 1. Farmer Joe Andrews, who owned 350 acres of farm land,...

Advertisement