Laws and Regulations of Business

Anonymous
timer Asked: Apr 27th, 2017

Question description

Hi first attachment is a discussion topic and does not need to be in a detail written research paper format just cover the required information in a discussion format. The second in a outline and the third is a compilation of 4 weeks of information that is needed for a final compilation.

Project Instructions You are asked to select a legal topic cover during the course. A list of potential topics is located at the end of this document. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. Weekly Deliverables Week 1—Introduction Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information later in the course. Week 2—Literature Review This week you will conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project. Find a minimum of three scholarly articles related to your topic. Summarize the articles and how they are related to your topic. Do not use cases at this time, as you will summarize cases in a future assignment. You are encouraged to use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Week 3—Laws and Regulations This week you will research and analyze laws or regulations that are related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Compare the laws of two states, if applicable. For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law. Summarize the information about the laws or regulations you found related to your topic. Week 4—Cases This week you will find at least two cases that are related to the topic you selected. Summarize the cases and explain how they are related to your topic. If possible, review one state and one federal case. You may review more than two cases. Westlaw Campus Research is a great resource for finding specific state and federal cases. For each case, provide the following information in paragraph format. This portion of your paper should contain a minimum of two paragraphs, one for each case reviewed. • • • • Name of the case State or federal court Issue Summary of events • Ruling Be sure to use your own words when summarizing the cases. Week 5—Summary This week you will complete the following tasks to complete your research project. • Summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic. • Review and revise the portions of the paper previously submitted, as necessary. • Combine the parts from Weeks 1–4, add them to Week 5, and submit your final paper in accordance with the formatting instructions provided. Formatting Instructions • Write a 5 to 7 page paper about the topic. • The paper should consist of a short introduction, explanation of the legal issue, literature review, summary of relevant laws or regulations, discussion of a relevant case or cases, and a summary of what you learned and your views on the future of the law as related to your topic. • Use APA format for the paper. Review the APA materials located in the Library Research Guide. • Submit the final paper as a separate document in the Week 5 Assignment 2 Dropbox by Day 6. Individual Project Topics If you select one of the topics below, you must alter the title for your paper. Do not use the exact title as provided in this list. General • Examples of Alternative Dispute Resolution in Business OR Workplace Dispute Resolution in ________ and ________ (Select Countries) • Medical Marijuana, the Commerce Clause and Employers • Free Speech: The Evolution of Bullying Laws OR Can Schools Punish Students for Social Media Posts? • Defamation: A Distinction Between Libel and Slander • An Exploration of Bribery Cases and U.S. Companies • Recent Developments in Cyber Crime • Emerging Law Involving E-Money • • • • • Chapter 7 and 13 Bankruptcy Requirements in Florida (or other state) Employer Liability for Employee’s Negligence, Intentional Torts and Crimes An Examination of Recent ______ Cases (Select FMLA, ADA, Sexual Orientation, Age, Gender, Religion, WARN Act) Employee Monitoring: Beware of the GPS on Your Company Phone (or similar device) Advantages and Disadvantages of Using Social Media In Hiring Decisions Health Care Related Topics • A Comparison of Legal Duties of Professionals – Doctors, Lawyers and Accountants • Recent Cases Involving Intellectual Property in Health Care • Regulations for Gifts in the Pharmaceutical/Health Care Industry • Licensing for Health Care Facilities • Discrimination in Providing Health Care Services • Recent Cases in HIPAA Violations
Assignment 1: Discussion Questions By Monday, May 1, 2017, In the scenarios below, explain the best solution. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source or one case that has been decided or is currently pending to support your answer. Scenario I—Environment • Recycling Genie is a new company that contracts with Best Buy and other electronics retailers for the collection of old computers, monitors, televisions, and cell phones dropped off at their facilities. The electronics contain lead, mercury, and polyvinyl chlorides that are known to have toxicological effects such as cancer, kidney disease, and brain damage. Recycling Genie has been in negotiations to ship the e-waste to companies in China, Vietnam, and Mongolia. What are the legal and ethical concerns with shipping e-waste to these countries? Scenario II—Property • • Ginger and Allen lived together in New Mexico since 2011, but they were not married until July 2013. Allen purchased the home in 2008, prior to meeting Ginger. He did not add Ginger to the title after they were married; however, she contributed to the mortgage payments from 2011 until she started her business in 2013. In September 2013, Ginger inherited $55,000 from her father that she used to start a corporation, Fantastic Faces, a beauty consulting business. Ginger worked full time for Fantastic Faces, while Allen continued with his job teaching at the university. Allen made no contributions to Fantastic Faces. Due to limited financial resources, Ginger did not earn any salary until 2015. In May 2013, Allen inherited 20 acres of farmland in Alabama from his grandfather. The land was leased to a local farmer. Allen visited the farm after the funeral in 2013 but did not return to Alabama. The rental income of $5,000 per year was deposited into the couple's joint account. Allen filed for divorce from Ginger on November 10, 2015. Explain how the court will determine the ownership of the house, farmland, and business based on New Mexico law. Determine how the court would decide if the couple resided in your state instead of New Mexico.
This assignment consists of two parts. The first part consists of the final installment for the research paper and allotted for this assignment. The second part requires application of concepts learned in Weeks 1‒ 5 and is worth significantly more than previous assignments and more than the first part of the assignment. Part I—Research Paper This week, you will accomplish the following tasks to complete your research project: • Assess what you have learned and what you believe the future holds as it relates to your topic. If applicable, discuss how you might apply what your learned to your personal or professional life. • Review and revise the portions of the paper previously submitted, as necessary. • Combine the parts from Weeks 1–4, add them to Week 5, and submit your final paper in accordance with the formatting instructions provided. Compile your response to Part I in a Microsoft Word document and name it as W5_A2_Part1 Part II—Legal and Ethical Challenges in Business Organizations Read the scenarios and the questions that follow. Identify and analyze the legal issue(s). Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. After you have answered the questions and before the conclusion, propose recommendations to help the organization avoid at least five of the issues identified in the scenarios in the future. Support your answers with information from the textbook and at least five scholarly sources other than the text and course lectures. By Thurday, May 4, 2017, prepare an 8- to 12page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pages, as the instructor is not required to read excess pages. Properly cite all sources using APA format. Compile your response to Part II in a Microsoft Word document and name it as W5_A2_Part2 Overview Famous Subs and Pizza Company (FSPC) is a publicly traded corporation headquartered in Tallahassee, Florida, operating restaurants in ten states. The company also owns a food processing and distribution facility in Jackson, Mississippi. Approximately 20% of the employees work full time; however, FSPC primarily hires part-time employees as delivery drivers, cooks, and sandwich makers. FSPC leases space for most of its restaurants in shopping centers, but the company owns a few of the properties as well as its headquarters office and the distribution facility. The company experienced explosive growth over the last three years, but with the growth came increased legal issues. The CEO, Chip Stone, seeks your advice on the following legal and ethical issues. S1: Business Organizations Charmaine, Delia, and Mary met while working for FSPC in Atlanta, Georgia. Charmaine was attending college to earn a degree in management. Delia was attending culinary school to become a chef, and Mary was a recent graduate in sales and marketing. The three ladies decided to open their own sandwich restaurant on wheels, also known as a food truck. They planned to start small with one truck but had big dreams to own a whole fleet of trucks that served a variety of foods. Charmaine took a business law class and remembers there are several forms for organizing businesses. The ladies have come to you for advice about the various forms of business organizations. • Analyze three forms of business organizations including advantages and disadvantages related to the business the ladies plan to operate. • Defend selection of one of the three types of business form for the new business, including the requirements for starting that form of business in your state. S2: Intellectual Property In addition to the confidentiality and noncompete provisions, the employee handbook also contained a section about intellectual property. Employees are required to disclose any inventions made during the period of employment that are related to the company's business. Devlin created a new app that will make it easier for customers to order food for delivery or takeout. The app provides additional access for blind and deaf customers so that they can also place orders by using the app. Devlin searched the patent applications and did not find any other patent that was similar to his new food-ordering app and intends to file for protection of his patent as soon as possible. • Evaluate the arguments for FSPC and Devlin concerning ownership of the invention under the following assumptions: o Devlin did not use any company resources, including time, to create the app. o Devlin used some company time and a computer to develop the app. S3: Securities On June 30, 2015, FSPC predicted first-quarter earnings of $0.25 per share. On July 13, 2015, FSPC received an e-mail from their in-house attorney related to a $2.5 million claim for personal injury of a three-year-old child who was allegedly injured when choking on a toy contained in a kid's meal sold by one of the FSPC restaurants. Chip Stone, the CEO of FSPC, instructed the attorney to prepare a press release describing the claim. Before the press release was sent to the copy center at FSPC's executive office, the vice president of sales sold his FSPC shares at the prevailing market price of $35.25 per share. Charlene Copier, who ran the photocopying machine at FSPC's executive office, saw the draft press release. She called her broker, Bradley Broker; told him about the press release; and ordered him to sell the 250 shares of FSPC that she had acquired in FSPC's initial public offering. Broker then called his best client, Calvin Client, and suggested that he sell his 10,000 shares of FSPC's stock but did not tell him why. Client agreed, and Broker sold Copier's and Client's stock at $35.25 a share right before the market closed on July 15. The press release was publicly announced and was reported on the Business Wire after the market closed on July 15. The next day, FSPC's stock opened at $27.75 per share. Plaintiffs have brought a private class action suit, and the SEC has commenced enforcement proceedings. Criminal prosecution is threatened by the US Attorney's Office: • Evaluate the potential claims by the plaintiffs in the class action lawsuit and the basis for the criminal action by the US Attorney's Office. • Assess the potential liability for securities violations of Stone, the vice president, Copier, Broker, and Client. S4: Bankruptcy and Secured Transactions Coastal Property Restoration (CPR) periodically purchased used restaurant equipment from Famous Subs and Pizza Company. CPR refurbishes and sells restaurant equipment to small restaurants. In December 2014, CPR purchased five used pizza ovens for $50,000. Because of the good relationship between the companies, FSPC financed the ovens for two years; however, FSPC did not obtain a perfected security interest in the ovens. In July 2015, CPR sold four of the ovens to another refurbishing company for $4,000 two days before filing bankruptcy. CPR still owes approximately $35,000 to FSPC for the ovens. • Evaluate the legal and ethical issues associated with CPR's sale of the pizza ovens before filing bankruptcy. What recourse does FSPC have in recovering the monies still owed on the equipment or the remaining oven? S5: Physical Access and Public Accommodation Individuals may place orders for pizza by phone or fax or through the FSPC website. The FSPC website does not contain features that allow a blind person full access, such as the ability to order online. The National Federation of the Blind has filed suit on behalf of a group of blind individuals. • Evaluate the basis on which lawsuits might be filed on behalf of blind individuals and propose a potential outcome supported by cases or scholarly sources. S6: Bribery and Facilitation Fees FSPC purchased two packaging machines for the distribution center and ten pizza ovens from a supplier in Italy. Between the shipping costs, delays, and unanticipated duties, the purchasing manager was worried that his boss would be upset about the total costs. In an effort to reduce costs, the manager offered a US Customs officer $500 in cash to re-classify the imported goods to reduce the amount of duties owed. • Analyze the legal and ethical ramifications of the purchasing manager's offer to the customs official? • Would it make a difference if the purchasing manager offered to donate $500 to St. Jude Children's Research Hospital if the officer expedited the paperwork necessary to release the goods from custom's custody? S7: Recommendations As the new Director of Compliance, you have reviewed each of the issues presented. The CEO, Chip Stone, requested that you propose specific recommendations on how to avoid both legal and ethical issues in the future related to a minimum of five areas that need improvement. Be specific and detailed and be sure to base recommendations on relevant legal and ethical principles. Do not provide generic resolutions such as "the company should provide training and implement procedures to avoid future problems." Submission Details Submit Parts I and II as separate documents.
Project Instructions You are asked to select a legal topic cover during the course. A list of potential topics is located at the end of this document. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. Weekly Deliverables Week 1—Introduction Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information later in the course. Week 2—Literature Review This week you will conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project. Find a minimum of three scholarly articles related to your topic. Summarize the articles and how they are related to your topic. Do not use cases at this time, as you will summarize cases in a future assignment. You are encouraged to use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Week 3—Laws and Regulations This week you will research and analyze laws or regulations that are related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Compare the laws of two states, if applicable. For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law. Summarize the information about the laws or regulations you found related to your topic. Week 4—Cases This week you will find at least two cases that are related to the topic you selected. Summarize the cases and explain how they are related to your topic. If possible, review one state and one federal case. You may review more than two cases. Westlaw Campus Research is a great resource for finding specific state and federal cases. For each case, provide the following information in paragraph format. This portion of your paper should contain a minimum of two paragraphs, one for each case reviewed. • • • • Name of the case State or federal court Issue Summary of events • Ruling Be sure to use your own words when summarizing the cases. Week 5—Summary This week you will complete the following tasks to complete your research project. • Summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic. • Review and revise the portions of the paper previously submitted, as necessary. • Combine the parts from Weeks 1–4, add them to Week 5, and submit your final paper in accordance with the formatting instructions provided. Formatting Instructions • Write a 5 to 7 page paper about the topic. • The paper should consist of a short introduction, explanation of the legal issue, literature review, summary of relevant laws or regulations, discussion of a relevant case or cases, and a summary of what you learned and your views on the future of the law as related to your topic. • Use APA format for the paper. Review the APA materials located in the Library Research Guide. • Submit the final paper as a separate document in the Week 5 Assignment 2 Dropbox by Day 6. Individual Project Topics If you select one of the topics below, you must alter the title for your paper. Do not use the exact title as provided in this list. General • Examples of Alternative Dispute Resolution in Business OR Workplace Dispute Resolution in ________ and ________ (Select Countries) • Medical Marijuana, the Commerce Clause and Employers • Free Speech: The Evolution of Bullying Laws OR Can Schools Punish Students for Social Media Posts? • Defamation: A Distinction Between Libel and Slander • An Exploration of Bribery Cases and U.S. Companies • Recent Developments in Cyber Crime • Emerging Law Involving E-Money • • • • • Chapter 7 and 13 Bankruptcy Requirements in Florida (or other state) Employer Liability for Employee’s Negligence, Intentional Torts and Crimes An Examination of Recent ______ Cases (Select FMLA, ADA, Sexual Orientation, Age, Gender, Religion, WARN Act) Employee Monitoring: Beware of the GPS on Your Company Phone (or similar device) Advantages and Disadvantages of Using Social Media In Hiring Decisions Health Care Related Topics • A Comparison of Legal Duties of Professionals – Doctors, Lawyers and Accountants • Recent Cases Involving Intellectual Property in Health Care • Regulations for Gifts in the Pharmaceutical/Health Care Industry • Licensing for Health Care Facilities • Discrimination in Providing Health Care Services • Recent Cases in HIPAA Violations
Running Head: LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 1 WEEK 1 Part I It is unethical for medical facilities to impose this mandatory arbitration before offering any services to the various patients who visit their facilities. This requirement for the patients to go forth and sign the arbitration clause contradicts with the idea of open access to medical care constitutionally provided to all Americans. These clauses force Americans to relinquish their rights and be limited to lesser medical care in cases they do not agree to sign the arbitration clause. It is the ethical obligation of medical professional to provide medical care to all patients without cases of malpractice. The medical facilities include the arbitration clause to evade responsibility in the cases of any medical malpractice (Studdert & Brennan, 2001). This is very wrong and unethical at the same time. Medical professionals should be held liable for their actions in case of any malpractice without introducing clauses that allow them to get away with any sort of malpractice without being brought to justice that is wrong and a violation of patient rights. At the same time, since this is purely a case of negligence rather than commercial contract, arbitration is not the most effective way to resolve the emergent dispute. In current situations, it is almost impossible to bargain with the medical centers about some of these terms they impose on the patients before admitting them. The facilities give the customers the alternative of seeking medical care from other facilities in cases they do not agree with the terms and conditions of their facilities. In other words, the facilities give the patients and their families the option of either signing to these agreements or opting for other medical facilities. The American Medical Association gives the medical professionals to fail to attend to the patients who fail to sign the required arbitration clause (DeVille, 2007). Thus, this provision LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 2 by AMA makes it impossible for the patients to negotiate over these terms as they do not have an alternative. A person with limited or impaired mental capacity shouldn’t be held liable to an arbitration clause signed by his family. In this case, the patient requires medical care on an urgent basis and is not in a position to make such a decision independently. As a result, it would be ethical to wait for that person to be in a position to make such a decision independently and in this case it would be after full recovery. This arbitration should be introduced in a post hospitalization visit after the ablation of the urgent medical care. Imposing such a right to their family members would clearly deny them their constitutional rights (DeVille, 2007). Conditioning the family of the patient to sign the agreement to receive admission of their patient would be inappropriate and a court would find that the family of the patient signed the contract under duress in which case the contract would be inapplicable. Consequently, the patient wouldn’t be held under such an arbitration clause signed purely under duress. In such a case, the court would find such a contract to be unconscionable whereby their existed disparity of power among the contradicting parties whereby one party was weaker and in ordinary conditions if the patient was in their right state of mind they wouldn’t sign into such an arbitration clause (Studdert & Brennan, 2001). An example of such a case is the Sanford v. Castleton Medical Centre whereby the court found the case to be of an unconscionable contract that the party would never have signed if they weren’t in duress. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 3 Part II Topic: Alternative Dispute Resolution as an option to court trials Introduction Alternative Dispute Resolution refers to all the means of dispute resolution employed instead of using court trials. Public courts are often asked to review the ADR methods and in most cases, they credit these dispute resolution cases especially in the cases whereby the disputes were effectively resolved. The two commonly used ADR methods are mediation as well as arbitration. Other types of ADR methods include early neutral evaluation, conciliation, as well as negotiation (Will, 2008). These methods have been advocated for decades as an optional to the long court procedures and as an optional for reducing overcrowding in the court system. Background ADR techniques of dispute resolution have grown a lot of popularity over the years. Court’s required to access the validity of these techniques credit them and urge more people to adopt them as a way of dispute resolution to avoid exquisitely relying on courts. There are various advantages associated with the use of ADR over court rooms and these include avoiding the dragged court proceedings, evading the long queues in our court systems, minimizing the costs of resolving disputes, as well as avoiding time delays (Sourdin, 2008). However, despite their advantages, the use of ADR raises some issues of concern regarding when these means are preferable without subjecting one party at the expense of the superior party like the cases of LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 4 medical centers and their adoption of arbitration to avoid taking responsibilities of their malpractices. Definitions Mediation refers to a dispute resolution technique that involves the use of a mediator to help the disputing parties to come into a resolution of the dispute. Arbitration an arbitrator is used to resolve a dispute among the disputing parties and the parties come into an agreement that they will abide by the decision of the arbitrator regarding their dispute. Early neutral evaluation is the dispute resolution technique whereby the disputing parties submit their cases to the neutral party who in this case is the evaluator in a private evaluation session. Negotiation is the first type of ADR to be incorporated in the case of a dispute and allows the disputing parties to try and come into an agreement independently (Carter & PierCe, 2001). Conciliation in this process, the conciliator meets the disputing parties independently as well as jointly in an effort to resolve their dispute. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 5 LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 6 References Studdert, D. M., & Brennan, T. A. (2001). No-fault compensation for medical injuries: the prospect for error prevention. Jama, 286(2), 217-223. DeVille, K. A. (2007). The jury is out: pre-dispute binding arbitration agreements for medical malpractice claims: law, ethics, and prudence. The Journal of legal medicine, 28(3), 333395. Sourdin, T. (2008). Alternative dispute resolution (pp. 1-490). Thomson Lawbook Company. Carter, J. H., & PierCe, J. V. (2001). Alternative dispute resolution. Will, P. (2008). Alternative Dispute Resolution. SMUL Rev., 61, 5 WEEK 2 Medical Malpractice and Law PART I- CASE STUDY Medical Malpractice Case (Steven C. Poirier, Plaintiffs, v. Carolyn W. Colvin, Defendants. 2016) In the case of Steven C. Poirier, Plaintiffs, v. Carolyn W. Colvin, Defendants. (2016) The plaintiff Steven C. Poirier filed a Title II application for disability insurance benefits indicating that his disability had begun in February 2000. However, the case was not heard since the Administrative Law Judge did not give a hearing and thus the plaintiff changed the dates and LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 7 claimed that he became disabled in 201. Upon reconsideration, the ALJ allowed for a hearing in November 2010. The hearing was heard before Judge Russell Sage and the plaintiff represented by a non-attorney. The plaintiff asked the court to reconsider its decision upon presentation of new evidence to the court. The Administrative Law Judge found that the claimant was not disabled within the accepted definition of the Social Security Act. This happened because the plaintiff had failed to prove to the court that he had been disabled within the definition of the Act at the time. The court was tried in the Louisiana Eastern District Court thus applying the laws within the state of Louisiana. According to the legislation of Louisiana regarding medical malpractice, there is a statute of limitation that states the plaintiff can only file for malpractice claims within a one-year timeframe. Regardless of the injury or reason for claiming malpractice the plaintiff cannot place their lawsuit outside the one year period from the time of injury or from the time of discovery of the malpractice. The legislation also covers patient compensation fund sand damage caps. It states that the patient’s total recovery in medical malpractice is limited to a half million dollars including the cost of future medical bills and fees. The outcome of the court case was within the expectations since the plaintiff, Steven C. Poirier, failed to prove that his disability fulfilled the meaning of the social benefits security. He had also changed the dates of his file suit which also shows an alteration between the period he acknowledges his disability. The period gap between the denied hearing and the next accepted court hearing was ten years which is a disparity between the time of discovery and the file suit. According to the legislation of Louisiana regarding medical malpractice, there is a statute of limitation that states the plaintiff can only file for malpractice claims within a one-year LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 8 timeframe. Therefore, I agree with the verdict in the case of (Steven C. Poirier, Plaintiffs, v. Carolyn W. Colvin, Defendants (2016). PART II- RESEARCH PAPER Literature Review Bal, B. (2008). An Introduction to Medical Malpractice in the United States. Clinical Orthopedics and Related Research, 467(2), 339-347. http://dx.doi.org/10.1007/s11999-0080636-2 In the United States, the medical malpractice law was derived from the English Common Law. The legislation covers a broad range of issues such as patient compensation, periods of the discovery of the malpractice act and negotiations between the adversarial parties. Additionally, the patient has a responsibility of showing that the physician or pharmacists acted negligence in their provision of services thus leading to direct damages to the patient and putting their health or even their health in jeopardy. For this process to be recognized by the court four legal components, have to be present, and they are a professional duty owed to the patient, breach of that duty, injury caused by the violation and resulting damages. In the case of damages both economic and non-economic damages are considered with the non-economic damages being suffering, pain, and disability. The writers of the article introduce the reader to the law regarding medical malpractice in the United States. Its main limitation is not providing the difference in medical malpractice legislation across different states. On the other hand, it is an excellent source of study and research concerning medical malpractice in the U.S. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 9 Dalton, G., Samaropoulos, X., & Dalton, A. (2008). Improvements in the safety of patient care can help end the medical malpractice crisis in the United States. Health Policy, 86(2-3), 153-162. http://dx.doi.org/10.1016/j.healthpol.2007.10.005 The authors of the journal article begin by giving the statistics of the number of patients that suffer in the hands of physicians as a result of malpractice and negligence. It then continues to cite some of the ways the number of cases can be reduced providing safer practices for the patient in the United States. A reduction of medical errors by the integration of safer practices is one of the ways suggested by the authors in the provision of safe services to patients. According to the article, health legislators should fashion policies that encourage hospital administrators to establish and maintain cultures of safety in their institutions for the sake of their ethical practices, patients, and other crucial stakeholders. The source is a great way of understanding some of the ways that can be employed in institutions to ensure that patients do not suffer malpractice stemming from negligence. Although it does not include the consequences of violation of the legislation, it gives a comprehensive list of practices that can be adopted by institutions in avoiding a culture of medical malpractice. Gallagher, T., Studdert, D., & Levinson, W. (2007). Disclosing Harmful Medical Errors to Patients. New England Journal of Medicine, 356(26), 2713-2719. http://dx.doi.org/10.1056/nejmra070568 In this particular article, the authors approach the subject from a different angle. Instead of discussing the laws and rules regarding medical malpractice in the United States they engage the reader in the common medical errors. This disclosure increases the knowledge of the patient when it comes to identifying whether some of the actions done by physicians in the process of LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 10 rendering services fall under medical malpractice. The perspective offered by the authors is unique in that it includes the fact that the errors made by physicians do not always fall under negligence since some occur despite the best effort by doctors. It also briefly mentions some of the efforts being made by accreditation organizations, governments, regulators and different programs in reducing the occurrence of medical malpractice. The data is collected from six countries thus showing the diversity of errors included in the article. The source is good in highlighting the common errors and is essential in the research concerning medical malpractice. Wright, D. (2011). Medical malpractice and physician liability under a negligence rule. International Review of Law and Economics, 31(3), 205-211. http://dx.doi.org/10.1016/j.irle.2011.06.001 In the article, the author provides a model portraying the costly medical malpractice claims which is based on the Bayes Rule. The Bayes Rules was developed to examine the effects of physician’s being negligent. It is a model that is consistent with empirical evidence on the medical malpractice claims. It is an essential piece to use in research since it offers statistics to the claims concerning the frequency of medical malpractice. The source is helpful in establishing the number of cases that have taken place under the negligence rule. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 11 References Bal, B. (2008). An Introduction to Medical Malpractice in the United States. Clinical Orthopedics and Related Research, 467(2), 339-347. http://dx.doi.org/10.1007/s11999-0080636-2 Dalton, G., Samaropoulos, X., & Dalton, A. (2008). Improvements in the safety of patient care can help end the medical malpractice crisis in the United States. Health Policy, 86(2-3), 153-162. http://dx.doi.org/10.1016/j.healthpol.2007.10.005 Gallagher, T., Studdert, D., & Levinson, W. (2007). Disclosing Harmful Medical Errors to Patients. New England Journal of Medicine, 356(26), 2713-2719. http://dx.doi.org/10.1056/nejmra070568 Steven C. Poirier, Plaintiffs, v. Carolyn W. Colvin, Defendants. Civil Action No. 3:14-CV00632-GCM. (United States District Court, W.D. North Carolina, Charlotte Division. 2016). Wright, D. (2011). Medical malpractice and physician liability under a negligence rule. International Review of Law and Economics, 31(3), 205-211. http://dx.doi.org/10.1016/j.irle.2011.06.001 LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 12 WEEK3 Part II- The Legal and Ethical Challenges in Business Organizations Overview Different legal issues require different laws to be executed as a way of dealing with the issue presented. The law is comprehensive in that it covers various scenarios that take part in daily life which includes the business organizations. Due to the ability of the law to handle various cases, the paper concerns different scenarios in different situations and parties and the laws regarding the issues of the scenarios. A discussion of the applicable rules and regulations will be done and examples given in the form of other related cases. In discussing the different situations, the legal issues will be identified following a summary of the facts of the cases presented. Different Scenarios S1: Jurisdiction, Torts, and Agency The case involves a lady, Faye Kennett, who is suing the Famous Subs and Pizza Company (FSPC) which is a publicly traded company whose headquarters are in Florida. The lawsuit is directed to the company, the manager, the employee at the records is responsible for printing the receipt that has the words ‘Fat midget’. Faye has suffered a fall due to a water spillage as she walked to her table reading the words on the receipt. Since she was four months pregnant, she lost the baby for 48 hours and suffered back injuries. However she chooses to sue the store in the Alabama state law court as opposed to the Florida state court. Following the facts presented in this case, Faye Kennett, the plaintiff, was correct in choosing to file her complaint in the Alabama state law court instead of the Florida court. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 13 According to the law regarding jurisdiction, the plaintiff can sue the defendant under different condition and in this particular case the defendant (s) fulfill one of the primary conditions which are subject matter. Under subject matter, the court of Alabama can allow trials based on negligence by the defendant (s) since the events took place within the state, the company has a store in the state, and all the parties are residents of the states. Conversely, making appearances in court by the defendant(s) expresses direct consent to be prosecuted or even suing the roads of the states gives implied consent to have the court have power over the party. When it comes to the arguments for the store, the store supervisor and the worker at the register each have differentiated defenses. In the eyes of the law, the company is liable for negligence since the plaintiff suffered at the negligence of the company suffering losses. According to the law of tort, the claimant has to prove that they suffered damage or direct losses as a result of the breach. Another element that ought to be identified is whether the company owed Faye a duty of care which it did since services were to be rendered to her while she waited, therefore, it was within the framework. On the contrary, the store manager suffers consequences under the law of agency which recognizes him as the party that acts on behalf of the owner, in this case, is the C.E.O, Chip stone. The winner, in this case, should be Faye Kennett since all the components of the case seem to be focusing on the wrongs done to her which directly caused her a baby. S2: Contracts, Agency, and Torts The narration of the case involves several parties. It concerns an employee of FSPC who used the company car to run personal errands and due to negligence hit another car which belonged to Al K. Seltzer. The plaintiff, Al K. Seltzer, sued Pete, the employee and FSPC. However, the insurance policy declined to cover Pete in the lawsuit claiming that he was not LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 14 authorized to use the car at the time of the accident. This led Pete to suing his employer and the insurance firm since he believed he had implied permission to use the vehicle for personal reasons. Since the manager was aware that Pete used the car to run personal errands and yet did nothing to stop the action assuming that it was free advertising because the car was covered with the firm’s logo, Pete has implied authorization to use the vehicle. In the law of agency, the manager who was aware of Pete’s actions regarding the company car is the one acting on behalf of the company meaning that the company was also aware of these actions. On the other hand, in insurance law, the term permission is taken to mean the permission to use the car at the moment of the event by the owner which can either be an express permission or implied permission. In Pete’s case, the permission was implied which means that the insurance company has to underwrite him in the court case and cover the losses on Al K. Seltzer. S3: ADR, Contracts, and Employment In the case involving FSPC and Dee, a former employee, the plaintiff, Dee, discards the lawsuit pledged against her as a result of being hired by another company which is also a competitor. In the argument, Dee claims that any issues following a breach of the contracts signed including the no compete and confidentiality contracts were supposed to be solved through arbitration. Since the company had already stated that the issues would be solved by the use of the arbitration clause, they are tied to this form of obtaining solutions. For instance, in the case Lasalla vs. Doctor’s Assoc., 2005 Conn, Super. LEXIS 1 (2005) the arbitration was fruitful. The mediator was the American Arbitration Association that helped in establishing the facts LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 15 surrounding the case and the conducted the proceedings. According to the arbitration clause, the company will win since it explicitly stated that the employees and ex-employees had to wait for a two year period to lapse before working in other similar companies. Although these contracts, the confidentiality, and non-compete contracts were issued later on in Dee’s appointment, they are still valid since she was still working in the company. On the other hand, ignoring the non-compete contract the party that will win is the company because the terms and conditions of hire were clearly stated and the employee, Dee, accepted and consented once she signed it. This recognition of the clause is enough to stand in the court of law as well as in arbitration proceedings. An example to illustrate this situation is the Gordon vs., Amica Mutual Insurance Company. The two parties had failed to agree on the amount of loss and damages and thus sought arbitration to make a decision. In the case, the Gordon won since the insurance company had not disclosed all the actions and payments. S4: Administrative Agencies and Consumer Protection FSPC owns a processing firm in Mississippi which is responsible for the manufacture and packaging of different meat products that are sometimes sued in the making of other food items such as roast beef subs. However, it was established that’s several of their customers in different states including Tennessee, Alabama, as well Louisiana complained of food poisoning after consuming the product roast beef subs. It was later determined that the subs contained the bacteria E. coli which are responsible for causing infection to food products and thus food poisoning upon consumption. Following inspections, in the year 2015 showed that many foods serving entities and restaurants were not providing consumers with the nutritional information for their goods. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 16 The Food and Drug Administration is a federal agency which seeks to protect consumers from fraudulent companies who claim to manufacture medical equipment, instruments medicine and which may be counterfeit or substandard. One of the primary responsibilities of the agent is conducting inspections and tests to establish that products sold for consumption are safe and free of infections and other contaminants. It has also laid down the labeling requirements for menu items in restaurants and food retailing establishments. According to the guideline provided by the FDA, some of the requirements include writing a number of calories contained in food, the nutritional value of the products and also expressly having a menu or a menu board in food retailing establishments. The FDA also has regulations for the parties that fail to comply with the standards placed. Some of the administrative penalties that FSPC can face due to nonadherence are closure, penalty fees, removing of particular items from their list or menu and suspension until all the regulations are met. In the event that the customers file a lawsuit, they would do so on the grounds that the company showed negligence by not checking the meat products to ensure their safety for consumption. This lawsuit can thus fall under tort because the clients suffered damages to their health after consuming the subs which are a duty owed to them. S5: Intellectual Property Intellectual property, in this case, is the Deliver Fast software program that enables food companies to establish the location of their drivers and give the shortest best routes for fast delivery of orders. The software program was developed by Pepe Roni, an employee at the FSPC. However, the idea was generated for the purpose of his school projects since he was LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 17 working and at the same time studying. According to the company, the intellectual rights belong to them since oat the period of innovation Pepe was their employee. On the contrary, Pepe argues that the invention belongs to him because it was meant for his school project and can, therefore, be used by any other food company. According to the American Intellectual Property Law Association, intellectual property is any fruit from mental labor as is demonstrated by Pepe in making the delivery software program. However, the property rights do not necessarily have to belong to the innovator of the product since certain circumstances allow for ownership of the rights by another party such as a firm or organization. Article I, Section 8 of the United States Constitution gives the owner privileges to their invention and innovations offering security to the ownerships and use of the innovated/invented product. In this particular case, the rights belong to Pepe because the FSPC did not implicitly or expressly ask the employee to develop the software. Interest was shown after completion of the product development process which means that Pepe can decide to sell or make alternative arrangements to the product since all the rights, trademark, copyrights, etc. belong to him. S6: Employment and the Constitution The case is based on discriminatory practices within the working environment, whereby the employee Carl Kulate was wrongfully sacked because of his sexual orientation. The director under whom Carl worked was intolerant which made him not give Carl a raise as agreed in his employment contract. Following this event, Carl confronted Faith Christianson, the director, and asked for an explanation. It was later clarified that the treatment directed towards Carl was based on his sexual orientation and the fact that he was in the same-sex marriage. Despite reporting the LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 18 issue to the HR department, no actions were taken against the discriminatory acts by the director. Another employee, Cibil who was standing up for Carl was also fired from his job. According to The United States, Equal Employment Opportunity Commission (EEOC) the law protects employees. It expressly states the prohibited practices and policies when it comes to protecting workers against discriminatory practices (Carroll, & Miller, 2006). Some of the grounds that have been used as discriminatory tools include race, ethnicity, cultural background, disability, religious beliefs and national origin. Several acts have been passed by the federal government aiming at protecting the workers. Following this declaration, the company was liable for wrongful termination of Carla and Cibil, lack of disciplinary measures against Faith Christianson and also allowing discriminatory practices in the place of work based on sexual orientation. Cibil has a case against FSPC since he was also wrongly terminated. The reasons for his termination were baseless because he had taken the correct action in reporting the matter to the EOCC concerning Faith’s conduct towards Carl. According to the law, the employee is protected from a malicious employee who infringes on their rights such as is demonstrated by Faith and Cibil case. I fact, the EOCC allows for employees to be told reasons for their termination to avoid termination of employees at will or because they do not bend down to the will of the employer. Recommendations Business entities should be familiar with the laws and regulations pertaining to their business and also hire lawyers that can assist in the processes involved in lawsuits and arbitration proceedings. As the new compliance director of FSPC, I have reviewed each of the cases and LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 19 established that some were inevitable and other preventable following the standard procedures and adhering to the rules and regulations. Following this knowledge, I would come up with a strategy to have the company avoid similar repercussions. One of the key constituents of the strategy would be the provision of ethical training for all employees to avoid ethical lawsuits. The training would be done at least annually and then a performance assessment issued and then analyzed by a team of supervisors. In addition, rewarded ethical employees would be done to increase the motivation of employee in following the rules and exhibiting ethical practices, especially to consumers. Another crucial aspect is doing an analysis of all the contracts issued to employees such that some of the clauses are rectified to cover for any other situations that might be a loophole for ex-employees to sue the company. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 20 References Agency. Creation of Agency. The necessity of Consideration. (1918). Harvard Law Review, 31(6), 891. http://dx.doi.org/10.2307/1327717 Blackburn, J., & Klayman, E. (2010). The legal environment of business (1st ed.). Boston, Mass.: Pearson Learning Solutions. Carroll, S., & Miller, S. (2006). Equal Employment Opportunity Commission issues new Compliance Manual section. Employment Relations Today, 33(2), 67-74. http://dx.doi.org/10.1002/ert.20109 Conflict of Laws: Jurisdiction. (1929). Michigan Law Review, 27(5), 575. http://dx.doi.org/10.2307/1280135 Ripstein, A. (2007). Tort Law in a Liberal State. Journal Of Tort Law, 1(2). http://dx.doi.org/10.2202/1932-9148.1049 Tomczyk, M. (2016). Appropriation of the property right to immovable. Acta Iuris Stetinensis, 14, 105-120. http://dx.doi.org/10.18276/ais.2016.14-07 U S Food and Drug Administration Home Page. (2017). Fda.gov. Retrieved 21 April 2017, from https://www.fda.gov/ WEEK 4 Case Studies and Research Paper Part I—Case Study LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 21 Organizations and Liability According to the case, Vance Armstrong started Triathlon Training Inc. and was the sole proprietor meaning that he was the biggest shareholder and manager. The company was started in 2015 which means that it was formed under the Florida law concerning organizations and liability. Since the company was making profits, Vance decided to use funds from the company to pay for personal expenses and later after getting another job he managed to keep the company afloat. Unfortunately, one of the children with a learning disability drowned in the pool leading his parents to sue the company. Moreover, the company did not have a liability insurance plan. However, since the company had insufficient funds in its account, the parents decided to sue Vance being the only shareholder and owner of the enterprise. The main reason behind the parent’s action against Vance is attributed to the fact that Vance seems to be capable of paying them directly for damages incurred. The new law covering organizations and liabilities in Florida states that the intentional misconduct can be brought to the court and the company can be sued. Given this, the Triathlon Company can be successfully sued by the parents for the death of their child. Another statute within the law that helps in determining the way the situation described is indemnifying of the members or manager. Since Vance is both the manager and member of the company, the company cannot indemnify him since he acted in gross misconduct and negligence. In addition, he took money from the till of the company without proper bookkeeping and also solicited for other business which was selling fitness equipment. Conversely, the parents can argue that the person and the company can be separated in this case since the person; Vance acted in violation of the law in the way that he handled the money in the company’s bank account and thus should be held accountable. Compensation for the parents LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 22 should be obtained from Vance because of the negligence accounted to him. Although the parents may fail in holding Vance Armstrong accountable for their child’s death, it can help in highlighting some of the violations done by Vance and by so doing receive compensation. Moreover, the fact that the company does not have a liability insurance plan gives the parent’s more action against Vance. Vance could have avoided this liability and lawsuit if he had adhered to the statutes concerning organizations and liability. First, he should have a liability insurance plan and then cease using money from the business account for personal expenses. On the other hand, he should have identified the loopholes in his company such that such liabilities are covered for in future. For instance, hiring a lawyer to enable him follow the rules and regulation regarding companies in the state of Florida. Part II—Research Paper 14 Penn Plaza LLC v. Pyett State or federal court The case was handled by the Supreme Court of the United States by Justice Thomas. Issue The main issue in the case was determining whether a provision of a collective bargaining agreement requires members to arbitrate under the age discrimination according to the employment act. It concerns whether a union contract on age discrimination can be categorized under Age discrimination in the employment act. Summary of events LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 23 Two members of the Service Employee International Union, Steven Pyett, and Michael Philips worked under a collective agreement in different positions. However, after recruitment of new company of security providers the two were demoted to less desirable and relatively low ranking jobs which were termed as age discrimination since they are both above fifty years. Theirs complaint lead to the evaluation of the acts governing age discrimination Ruling The court ruling was that employees could pursue legal action under the age discrimination act. Following this ruling, the court determined that the CBA in that particular case did not need ADEA to be arbitrated. Hall Street Associates, LLC v. Mattel Inc State or federal court The case was ruled in the supreme court of the United States. Issue The fundamental issue was whether state and federal courts had the jurisdiction according to law to the motion to vacate, modify the arbitration award and expand the judicial review including the terms accepted by the parties. Summary of events Mattel Inc. a toy manufacturing company was sued by the landlord, Hall Street Association. The lawsuit was concerning their lease on the property. However, both parties agreed to settle their differences under the Federal Arbitration Act, and the case was ruled for Mattel by the arbitrator. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 24 Unfortunately, Hall Street decided to take the matter to the district court, and the court found out that the arbitrators ruling contained legally inaccurate conclusions. Ruling The court rejected the argument that parties to a contract such as the one in the case can expand the limited judicial review even in extraordinary circumstances. LEGAL AND ETHICAL CHALLENGES IN BUSINESS ORGANIZATION 25 References 14 PENN PLAZA LLC et al., Petitioners, v. Steven PYETT et al., 129 S.Ct. 1456 (2009) No. 07581. (Supreme Court of United States. 2009). HALL STREET ASSOCIATES, L.L.C., Petitioner, v. MATTEL, INC., 128 S.Ct. 1396 (2008) No. 06-989. (Supreme Court of United States. 2008). Statutes & Constitution. (2017). Statutes & Constitution. Leg.state.fl.us. Retrieved from http://www.leg.state.fl.us/STATUTES/index.
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