MBA524 Unit 1 Homework

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Apr 3, 2024

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Anissa Corrales MBA524 Business Law and Ethics Charice Holtsclaw March 15 th , 2024

Discussion of local ordinance The State of North Carolina had previously prohibited the selling of alcoholic beverages on Sundays before noon. It states that on Sunday, you can’t buy alcohol until 10 a.m. The so called “Brunch Bill” of 2017 made it legal for restaurants to sell alcohol to customers on Sundays starting at 10 a.m. Until the law was passed, North Caroline didn’t permit any Sunday alcohol sold before noon. However, you cannot purchase liquor on Sundays because ABS stores are closed. (Bragg, 2023). On the first day that the state law permits, the city and county of Durham approved the sale of alcohol at 10:00 a.m. Local businesses protested about Sunday brunch income losses and said that people shopping at retail outlets in advance of Sunday festivities were not buying alcohol since it was prohibited, which led to the amendment in the law and code. This ordinance, which was intended to relieve the burden of ordering a beer or a mimosa when my partner and I go out to brunch on Sundays, has had an impact on people in two different ways. Chapter 1: Question 1 (Bryant Gunderson), 9 (classify subject matter), 10 (Juul), and Business Strategy – COVID p. 16. Question 1: Bryant Gunderson will have to deal with multiple legal jurisdictions and sources while deciding whether to incorporate his bungee-jumping firm. State-level incorporation laws and regulations are typically found in the state's business or corporations code. Federally, incorporation laws are governed by the Securities and Exchange Commission (SEC) for businesses planning to issue publicly traded stock. Furthermore, based on the location of the business, local rules like zoning laws and business license requirements might apply. Since legal papers such as articles of incorporation and bylaws are effectively contracts between the business and its stakeholders,

contract law is also involved in the process of incorporation. The incorporation process and its consequences for the business are also greatly influenced by regulations pertaining to intellectual property, employment, tax, and securities law, among other legal fields. Question 9: a. Traffic law on speeding: Given that it outlines citizens' obligations, traffic laws that prohibit speeding are a form of substantive law (Burns, 2023). In contrast, a procedural system establishes rules for the court's actions. b. Small claims court rules: Cases handled by small claims court involve comparatively few issues. In most cases, the parties don't have attorneys present, and the court takes a more hands-on approach. The guidelines provided by the small claim court are not procedural law because the judge is not required to abide by them (Custer, 2023). On the other hand, while making decisions pertaining to citizens' rights, the judge must apply substantive law. Consequently, the rules of the small claims court are somewhat governed by the substantive law. c. Evidence: Evidence is used to guide court proceedings, which is why procedural law exists. d. Labor law: Citizens' rights are defined by labor law, which makes it a substantive law. e. Securities: Citizens' rights are enforced with the use of procedural law. One way to enforce someone's or an organization's right to survival and operation is to provide security for them. Securities are therefore a kind of procedural law. Question 10: International law: Although a worldwide ban on flavored e-cigarettes has been recommended by the World Health Organization (WHO), it has not yet been put into effect.

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Federal law: Tobacco products, including e-cigarettes, are subject to regulation by the Food and Drug Administration (FDA) of the United States. E-cigarettes are now permitted by federal law, while the FDA has not yet finalized its regulations for them. State law: A number of states have enacted legislation to limit the sale of e-cigarettes, including requirements for age verification and prohibitions on flavored goods. Local law: A few counties and localities have also enacted legislation limiting the sale of vaping products. Sales wouldn't necessarily end if the FDA outlawed all vaping goods. States may still permit the sale of e-cigarettes, and some may already have. A government prohibition, however, would make it far harder for businesses to market vaping goods, which would probably result in a drop in sales. Juul responded voluntarily to the controversy around its products as authorities and customers continue to put pressure on the company. Now that it has become so popular with kids and captured 75 percent of the e-cigarette market, Juul can pull back on social media because its young customers are doing the social media marketing themselves (Abou-Sabe, 2018). The business ceased selling flavored products to teenagers and removed its advertisements aimed at children. These moves were perceived as an effort to placate lawmakers and stop the FDA from outlawing Juul products altogether. The regulations will probably continue to change as more is learned about the negative health impacts of vaping and as vaping products become more and more popular. Business Strategy- COVID: Legal Penalties: Legal repercussions for civil disobedience may include fines, damages, or even criminal prosecution. Companies must assess the possible consequences of breaking rules and regulations against their objectives of fostering environmental or social change.

Reputational Damage: When a firm engages in civil disobedience activities, it may suffer if its members are perceived as acting unethically or illegally. This may result in a decline in consumer confidence, boycotts, and bad press, all of which could seriously harm the bottom line of the business. Litigation and Legal Challenges: Civil disobedience actions may give rise to injunctions, lawsuits, and other legal proceedings. Companies might have to spend a lot of money on legal defense tactics and should be ready to defend their conduct in court. Regulatory Scrutiny: Governments that support companies that participate in civil disobedience may tighten regulatory control and inspection. Additional compliance obligations, audits, and enforcement actions may result from this, which could cost and take time away from enterprises. Employee and Stakeholder Divisions: Employee and stakeholder division brought on by civil disobedience acts can result in internal disputes and a breakdown of organizational cohesiveness. This can be especially difficult for companies whose operations depend on a cooperative and team-oriented workplace. Economic Consequences: Economic repercussions from civil disobedience actions may include market share loss, supply chain disruptions, or strained company relationships. These effects may be especially bad for startups or companies in highly competitive industries. These hazards may differ based on the particular legal system and context . Civil disobedience is a symbolic or ritualistic violation of the law rather than a rejection of the system as a whole. The civil disobedient, finding legitimate avenues of change blocked or nonexistent, feels obligated by a higher, extralegal principle to break some specific law ( Britannica, 2024). Businesses that want to know the dangers and possible repercussions of using civil disobedience

as a business strategy should carefully assess the jurisdiction in which they operate and speak with legal experts. Jurisprudence is a legal organization or court's body of ruling. Courts may be required to interpret and apply current rules and regulations to the business in question's behavior in this instance. The extent of presidential orders and the boundaries of civil disobedience as a legal tactic may need to be taken into account for this. The distinction between criminal and civil law is important when assessing the possible legal ramifications of the company's actions. Civil law is more often used to settle disputes between private parties than criminal cases. However, there may be more serious repercussions, such as fines, jail time, or other punishments, if the company's actions go beyond the line into criminal activity. The role of the courts involvement in this case will play a significant role in deciding the results. The courts will have to weigh the arguments and supporting documentation before judging in accordance with the law and the particular facts of the case if the firm files a legal challenge contesting the validity of executive orders or other government measures. The judiciary may also take into account whether executive orders are constitutional as well as how corporations' rights and legal and regulatory requirements are balanced. Chapter 2 - Questions 1 (E. & J. Gallo), 4 (Kenneth Branch), 9 (Heinz), 10 (Gerald Grinstein), and “Self-Interest versus Selfishness” p. 70 Question 1: In order to provide the impression that they are working in society's best interest, E. & J. Gallo decided to temporarily suspend sales of two high-alcohol wines. The group Safe and Sober Streets was the source of the worries that guided their decision. But, the corporation must be

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adhering to the Enlightened Self-Interest ideology of social responsibility since, as we all know, it is a big business and should operate in the best interests of its shareholders. But the merchants are fighting this move since they are just thinking about themselves and their own survival. Large volume sale items are essential to these smaller firms' ability to turn a profit. It follows that in order to be socially responsible, they must live by the Inherence ideology. The retailers, on the other hand, are fighting this move solely out of self-interest and self-preservation. For these smaller companies to remain profitable, their high volume sale goods are essential. For social responsibility, they must thus put the Inherence philosophy into practice. Question 4: It seems that Boeing's actions may have violated ethical standards based on the material supplied and the investigation I conducted. There may have been a violation of Lockheed Martin's confidentiality and intellectual property rights due to Kenneth Branch and his boss, William Erskine. These individuals obtained thousands of pages of confidential documents from the company, including specifics regarding the rocket contract's specifications and costs. Moreover, the marking "Proprietary" on several of the documents that Boeing gave to Lockheed Martin raises the possibility that Branch and Erskine stole these records without permission. Lockheed’s proprietary and trade secret information, including strategy, cost, and other information relevant to Lockheed’s EELV proposal ( M.D. Fla. 2004). An extensive investigation and analysis of the specific facts and circumstances surrounding the case would be required to determine whether an ethical violation occurred. On the basis of the information provided, it appears that Boeing's actions might have been unethical. Question 9:

No, it is unethical to engage in this conduct. Since the act involves a deliberate attempt to deceive the patrons at the restaurants, the size of the firm that owns or creates the goods is irrelevant. Restaurant customers are hurt not only because they believe they are paying for one product but are getting another, but Heinz Ketchup's reputation may also suffer if consumers think the product's flavor or quality has decreased. As an illustration, I much rather use Heinz ketchup than any other brand. My perception of and future business dealings with Heinz may suffer if I go to a restaurant and serve subpar ketchup from a bottle bearing its name. Question 10: Economic Responsibilities: Mr. Grinstein shown economic responsibility when he chose to renounce his bonuses and accept merely his base pay. By doing this, he demonstrated his dedication to the company's financial security and his conviction that his pay ought to be determined by the success of the business. Ethical Responsibilities: Mr. Grinstein's choice to give away $1 billion to management and nonunionized workers within a year or two of the airline coming out of bankruptcy shows that he has ethical obligations. This demonstrates his commitment to justice and equality as well as his care for the welfare of the workers. Legal Responsibilities: It is possible that Mr. Grinstein's decision to give the money to the workers 12 to 15 months after the airline filed for bankruptcy was motivated by legal requirements. In his capacity as CEO, he is in charge of making sure that the rules and legislation pertaining to employee benefits and compensation are followed. In terms of how the regulatory cycle relates to CEO compensation, it is probable that authorities will keep an eye on CEO compensation packages to make sure they are consistent with business results and shareholder

value. They might also take into account how the CEO's compensation affects staff morale and the company's standing. Regulators may impose additional limitations or requirements on CEO pay, such as clawback provisions that demand the return of excessive compensation in the event that the company's performance subsequently deteriorates, in reaction to public pressure and growing scrutiny of CEO compensation packages. If the market sets CEO compensation, abuse may occur. However, if the government regulates and caps CEO compensation, companies may not be able to retain a quality executive (Ponzio, 2022). In conclusion, authorities are probably going to keep an eye on CEO compensation packages to make sure that they are commensurate with business performance and shareholder value. They might also take into account how the CEO's compensation affects staff morale and the company's standing. Regulators may impose additional limitations or requirements on CEO withholdings. Self-Interest v Selfishness: This indicates that Smith is not a self-centered individual, but rather someone who is concerned with the well-being and health of others. He also has a favorable attitude toward social duty. As he cares about the environment and the well-being of society as a whole, it also shows that he is willing to render whatever services necessary to fulfill his portion of social obligation. His actions demonstrate how lucky he is to be able to assist others in his capacity. Finally, he fulfills all of his social obligations not only out of a sense of moral obligation but also because it makes him personally very happy.

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Reference Bragg, M. (2023). Fact checking alcohol laws in North Carolina | wcnc.com . Fact Check: Alcohol laws in North Carolina. https://www.wcnc.com/article/news/verify/alcohol-laws- north-carolina/275-582f722f-8c87-4dbb-a526-a0ac4fa15aab Britannica, The Editors of Encyclopaedia. "civil disobedience". Encyclopedia Britannica, 25 Feb. 2024, https://www.britannica.com/topic/civil-disobedience. Accessed 17 March 2024. Ponzio, A. (2022). Executive compensation: Set by the market or the ... Executive Compensation: Set by the Market or the Government? https://business.uccs.edu/sites/g/files/kjihxj2561/files/migrated_files/Executive Compensation Set by the Market or the Government.pdf Lockheed Martin Corporation v. Boeing Company , 314 F. Supp. 2d 1198 (M.D. Fla. 2004) Abou-Sabe, K. (2018, November 13). Juul to remove most of its flavored products from retail stores . NBCNews.com. https://www.nbcnews.com/health/kids-health/juul-reveals-plan- snuff-out-e-cigarette-use-among-kids-n935746 Burns, R. (2023). Substantive law . Legal Information Institute. https://www.law.cornell.edu/wex/substantive_law Custer, S. (2023). Procedural law . Legal Information Institute. https://www.law.cornell.edu/wex/procedural_law

MBA524 Unit 1 Homework

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