For Pharma to survive and become viable it was obvious that some decisions had to be made, but was the sale of the assets in the best interest of the corporation, or was it in the best interest of Adams and Barker? One can only conclude that the directors violated all their duties of financial interests, care and rational belief and were not acting with best information and, thus, cannot be shielded by the business judgment rule. 7. What type of lawsuit, derivative or direct, would be filed by Cornelius
In prohibiting that deprivation, the Constitution does not recognize an absolute and uncontrollable liberty. Liberty in each of its phases has its history and connotation. Liberty under the Constitution is thus necessarily subject to the restraints of due process, and regulation which is reasonable in relation to its subject and is adopted in the interests of the community is due process" (449). The court ruled that the minimum wage law did not violate due process. The State of Washington thinks that it is unlawful to employ women workers in any industry within the state where the wages are not adequate for
5. The confidentiality agreement did limit the scope of the audit performed on ZZZZ Best. It is the job of the auditor to obtain sufficient and appropriate evidence. When Ernst & Whinney were not allowed to follow-up with anyone involved in the restoration process that limited their ability to gather evidence. The company should have been able to follow up with all venders and customers to attest to the validity of the financial statements and they were not able to do this and not able to gather the “appropriate and sufficient evidence” needed.
Since there are no current regulations pertaining to the unauthorized practice of law by non attorneys, however Vinny (the lawyer) would have the authority to make sure that Lisa follows rules consistent of ABA model rule 5.3, the responsibilities regarding non-lawyer assistants. In re Estate of Divine, the court ruled that non-lawyers could not be held responsible for the supervising attorney’s actions. However, Lisa stepped over the line and contacted her attorney friend in NY, and had him fax fraudulent biographical information on a Judge who Vinny was posing to be. Had she gotten caught, she would be in direct
Because the law of the foreign country is the only law that can be enforceable contracts are only as good as the backing of the country's backing and are only binding in that instance. A country can stop all transactions from that business if they file lawsuit on that country (Melvin, 2011). What factors could work against CadMex's decision to grant sublicensing agreements? An organization that has too many sublicensing agreements and does not have sufficient sub paragraphs could find difficulties enforcing the sublicensing agreement. The organization could experience lawsuits if any of the contracted workers have any problems and could leave the organization liable for damages When the local customs and laws conflict with the customs and laws of an organization operating abroad which should prevail?
So now breweries cannot manufactures energy drinks with alcohol. According to "Livescience.com" (2014), While many health professionals and lawmakers are cheering the Food and Drug Administration's decision yesterday to declare caffeine an illegal and unsafe additive to manufactured alcoholic beverages, critics say the move is an infringement of consumer rights by the government. When people are speaking out against a decision made by the government, this is the demand. Anheuser-Busch could produce an energy drink with alcohol as long as there was no caffeine in it, and it would be legal and more importantly it would be a blue ocean. According to "Blue Ocean Strategy.com" (2014), "Red oceans refer to the known market space – all the industries in existence today.
The Do Not Call Implementation Act established a nationwide “do not call list”. This act allows consumers to register their information with a national database prohibiting telemarketers from contacting them within 31 days of registering on the site. Once you are on the list, you are there for life and cannot be contacted by telemarketers. Some exceptions to the Do Not Call Act are political organizations, debt collectors and some charitable organizations. The ethical issue of personal privacy has led to the creation of laws to protect consumers against new advances in Information Technology.
Together, our purpose and core values form the foundation of who we are and what we do (About Us: Our Company, 2015) One weakness of the La Quinta Inn and Suites is it limitations in the international market. Currently there are no corporate or a franchise in foreign countries because of this it limits our reservation potential. The brand name is not known in foreign countries therefore international guests are skeptical of our brand. La Quinta corporate can limit this weakness by advertising in international countries. At least if there is a brand presence without there actually being a physical property can help foreigners know who La Quinta is what they stand for in the lodging industry.
Brown Shoe Company had proposed to merge with Kinney Shoe Company, another shoe manufacturer. Neither the Shoe Company comprised a significant fraction of the market, nor the merger would not have had an important effect on market absorption. The courts blocked the merger, using as their justification the incipiency precedent, which stated that even if market concentration will not be greatly increased by a horizontal merger, it is still necessary to prevent the merger so as to ensure no further threats to market concentration. The incipiency precedent, in essence, made all horizontal mergers illegal even though many might not have led to any kind of market power on the part of any firm. G. Stolyarov II (Dec 3,
Assignment: Tattoo Essay Due: 10/24/11 The article “Young Adults should not use tattoos for self expression”, by Lizzie A. Encino discusses how young adults get tattoos because they are legal to do so. The author, Eninco, argues that young adults should not get tattooed if they are under the age of 21 and backs up her argument with reasons and examples why young adults under the age of 21 should not get tattooed. Her reasons were tattoos bring disadvantages when young adults are applying for jobs and affect the lives because certain diseases can be contracted. For example, Encino states, “tattoos are threatening to one’s job, image, and life.” However, I completely disagree that those under the age of 21 should be deprived of getting a tattoo because no matter what one’s age is, tattoos are a source of expression, tattoos can contract diseases, and tattoos will always be criticized. Tattoos today have become a source of self-expression.