Chapter 3: The American Judicial System, Jurisdiction and Venue
This memo reports the concerns raised in your e-mail regarding Santiago’s plan to expand the functionality of the website to use the email advertisement for selected customers and include ordering the products online. I would like to bring it to your notice that the plans to expand the website and email advertisements subjects us to be under the authority of out of state courts in case there is any difference of opinion related to our products and services. This authority is recognized as a law by the court that describes the businesses conducted outside the local state must be under the authority of out of state courts.
Chapter 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options
This memo reports the benefits and the drawbacks of some of the actions such as lawsuit, non-dispute agreement resolution, settlement outside the court, revision of the contract, and a healthy relationship to solve the disagreement over the New Hampshire facility with the CP. The mentioned actions pose a few potential benefits, costs and threats. If a Lawsuit is filed then CP must pay the extra damages to compensate for the hardware and logistics. Some cost that would be involved in this action is the legal fees, reversible decision costs, and human resources cost. Arbitrating or meditating will lead to expenditures such as reasonable legal fees, and can cause potential damage to the healthy business relationships. With settlement outside the court the benefits are that the parties may agree not to file a lawsuit against each other.
Chapter 18: Environmental Law
This memo provides you information about the requests for Environmental Protection Agency (EPA) qualifications for the environment professionals. A few qualifications as per the EPA for the professionals are defined on the epa.gov website. The professionals are required to adhere to a few rules defined by the EPA such as the Professional Engineers (PE), the Professional Geologists (PG) must have three years full time experience, and must be provided with a license from the federal state, government or from the United States territory, and must have three years’ experience in the environmental protection. The professionals and geologists can also have a four year degree in science and engineering with five years’ experience in the relevant field or just have ten years’ experience in environment protection. The experience mentioned can include the professionals working in environment site valuations, understand the surface of the environment, investigate, rectify and analyze the environmental surface.
Chapter 19: Antitrust and Regulation of Competition
This memo addresses your request for the facts on a likely joint venture with the competitor known as MDC. It must be noted that any agreement with this company must be performed with thoughtfulness and by abiding antitrust laws. Horizontal restraints are possible as MDC is a competitor and any joint venture with this company could be challenging. Horizontal restraint can also be a violation of anti-trust law and a few examples of this restraint are price fixing, market allocation, customer allocation, and prohibition. As per the Sherman Act the price for trading a particular good fixed by the contractors in competition, or an agreement by competitors to fix the quantity of goods to be produced to sell or buy the product is considered a violation. Earlier US government allowed joint ventures for horizontal price fixing, but it must be noted that the court challenged the pricing policy that was to set a price by a single entity.
Chapter 22: Criminal Law and Procedure in Business
This memo addresses the request for the background information that eliminates the criminal liability of DBAS and the officers associated with DBAS. As background information of criminal law is concerned it has increased the criminal statutes to include the criminal liability of corporations. Court allows the prosecutor of the corporation to speak on behalf of the corporation and prove that the management was not involved in any criminal activity. Business entities can be provided criminal liability by the Model Penal code if a particular duty imposed by the law is not performed that arises from criminal omission, for example, disclosing important reports to the investors, or if the crime was committed on behalf of a top level executive in the corporation. The principles for the officers and top executives are included in the criminal statute that requires these officers to work diligently and responsibly. To avoid the top officers being committed for criminal liability, I would suggest improvement in the policy such as workers complaint, improvements in validation procedures, hierarchical orders, and a response plan.
Chapter 23: Personal Property, Real Property and Land Use Law
This memo addresses the subletting plans and the advantages for the landlord leasing the property. I would bring to your notice that the landlord is allowed to lease 25,000 sq.ft only for RSI Corporation and later let 15,000 sq.ft in the new five year lease term. This would make RSI liable to live in the leased term for one full year. RSI would not have any obligations in the 15,000 sq.ft area after the completion of one year. The personal property owner has the rights to reject any tenant depending on the credit worthiness of the tenant. This law is an advantage to the landlord. RSI also has advantages that it would have maximum tractability to grow their operations, and also offshore the operations as a contract to other corporations. RSI would also secure new lease from the subletting option and save on the moving costs.
