Assignment .Please see the attachment for the assignment details
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Legal Analysis and Sustainability
You will imagine yourself the Vice President of a medium sized company, incorporated in the
State of Delaware, with headquarters in Denver, Colorado. Your operations reach across the West,
from Colorado to California. You have operations in all seven states through which the Colorado
River flows and you are thinking of expanding to Mexico.
You need to articulate what kind of company this is so that you are able to address the Board of
Director’s concerns (see the Memo attached) with specificity. ABC, Inc. could be a company in
the medical industry, financial industry, construction industry, IT, ….whatever appeals to your
You will write a 4-6 page memo to the Board of Directors responding to their concerns for
eliminating risk in multiple areas. You will respond to each of the paragraphs enumerated on the
memo that follows. Write 1-2 paragraphs for each of the areas; use bullet points for ease of
communication. Cite your sources even though this is in a memo format! Best to single space.
You will draw upon the attached readings employment law, labor law and unions,
international law, and sustainability.
Board Presentation: Compliance Issues
At our next scheduled Board of Director’s meeting on April 30, 2019, the Board would like an
update and a recommendation from you concerning compliance issues surrounding some of the
complaints that have arisen in the past year around employment issues, some possible plans for
expansion, a possible merger with a competitor, and some new product launches. The Board is
also contemplating international expansion to Mexico as well as buying some properties in
Southern California and Arizona. The Board would like your advice before involving its
attorneys. We also are seeking suggestions for how to lower some of our operating costs.
In light of the fact that we want to implement proactive policies that keep our Company
focused on profits not problems, we ask that your memo and presentation to the Board
address the following;
1) The Company HR Department has handled more than six complaints of sexual
harassment and gender discrimination. The company settled all of these without
proceeding to court. What are the applicable laws (state and federal)? What should the
company do to have a more robust defense and to avoid these kinds of claims?
2) In downsizing our facility on the Western Slope, the Company laid off 25 people. Almost
all of them filed claims with the Regional EEOC claiming age discrimination. Again, the
Company has settled. What can we do to prevent this from happening if we downsize our
Wyoming facility? Please explain the legal claims that these former employees had.
3) A group of employees is pushing for a vote to certify a vote for unionization. What are
the advantages and disadvantages to allowing a union for our employees?
4) The Board is contemplating requiring all employees to sign an agreement in which they
would seek redress for any employment disputes through individual mandatory
arbitration. Please advise.
5) The Company is considering a merger with our competitor located in California. We are
receiving push-back from the Department of Justice in Washington, D.C. Why? Anything
we should do to keep the merger talks going forward?
(note : this is anti-trust)
6) As you know, the Company is looking to build another manufacturing plant in Mexico.
Our current manufacturing plant in Broomfield has reached capacity. Our CEO is flying
to Ciudad Juarez in Mexico in May to meet with government officials to locate a suitable
building location. Please advise of any laws or ethical considerations the CEO should be
aware of before making this trip.
7) The Company is looking into buying some investment properties in Arizona, Southern
California and Baja, Mexico. We want to expand into manufacturing computer chips
which requires bountiful water resources. Will we have adequate water resources for this
expansion? (note : anything that you can do with water)
8) The Company is researching the launch of a new product and has hired a new employee
to help develop some cutting-edge software for our industry. Please advise on any
protections for our intellectual property rights to these products. ( note :Software
protected by copyright and copyright infraction )
9) The Board is concerned that the Company does not have a Corporate Compliance Plan.
Please provide recommendations on whether or not the Company should go forward in
drafting a Compliance Plan and the advantages of doing so. I have attached a link to a
Corporate Compliance Plan that was drafted by our Counsel.
10) And finally, our operating costs at our Denver headquarters and our West Slope
manufacturing plant have risen dramatically in the last two years, specifically our electric
bill and our water bill. What are some suggestions you might have to lower these costs?
(note : this is sustainability)
The Board looks forward to your report and suggestions. Thank you.
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