The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 1, Problem 4BCP
Summary Introduction
Case Summary:A case is filed against the company A, LLC in California court for the leakage of personal information of 650,000 members to public. The company A claims that they have a “forum-selection clause” in their member agreement, putting the jurisdiction of all the disputes in Virginia, and a US Supreme Court precedent that “forum-selection clause” will be unenforceable if it is against the public policy. Also, the policies of the company A have been declared against public policy by Californian courts in other cases of the company A.
To Explain:Application of stare decisis in California Court to determine the case.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Assume that there are two conflicting statutes. One of the statutes is a state statute published in
1970, and the other statute is a federal statute published in 1995. Each of these two statutes is
about interstate commerce. Which statute would prevail?
O It depends on the jurisdiction.
O The state statute, because interstate commerce is a state issue.
O The federal statute, because it is newer.
O The federal statute, because of the supremacy clause.
O The state statute, because of the division of federalism.
In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, on how best to protect eHarbour’s intellectual property. Specifically, discuss the steps and benefits of safeguarding eHarbour’s intellectual property through: (1) registration of proprietary software developed by eHarbour with the U.S. Copyright Office; (2) applying for a registered trademark for the eHarbour name with the U.S. Patent and Trademark Office; and (3) protecting trade secrets with password protection and software encryption. (Please include introduction, conclusion and references)
If the Rochester Corporation experienced unresolved legal problems with one of its customers located in a foreign country, all of the following except which one would be a potential way to remedy the problem?\
a. Engage in arbitration
b. Have the court system use dispute settlement law to reach a resolution to the problem
c. Use the services of a mediator or an arbitrator
d. Bring about litigation in the reigning court of law
Obtain an executive order from the U.S. Attorney General’s office
Chapter 1 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- Legal right of the owner of intellectual property to make copies, sell and market creative work, for a limited time. a. Patents b. Laws c. Copyrights O d. Trademarksarrow_forwardWhich of the following does not apply to arbitration? 1. Neutral third party provides the parties with a decision on who prevails in the dispute 2. Takes place in a hearing which is similar to a court setting but less formal. 3. Neutral third party assists the parties in coming to a resolution of their dispute 4. Form of ADRarrow_forwardMr. Nawa Maboshe is a minority shareholder in a company that recently built a clinic for a community in Lusaka that is ten kilometers from the nearest hospital. At a handover ceremony of the clinic to the people of Zambia, the government of Zambia commended and thanked the company for its gesture of corporate social responsibility. However, Mr. Maboshe plans to introduce a motion at the company’s next annual meeting to censure management for spending money on a project that did not advance the economic value of shareholders.REQUIRED:a) What is the relationship between strategy and corporate social responsibility?b) Discuss any THREE (3) reasons why a firm might engage in corporate social responsibility.arrow_forward
- Should the public have taken more of a stance against his actions? If so, what action(s) could the public have taken? If not, give reasons why the public should not involve itself in such situations. Should the government have taken any action in this situation, given that the CEO was making a point against legislation it had introduced? If so, explain the action that you believe the government should have taken. If not, explain why you do not believe any government action is justified.arrow_forwardAfter the December 2010 amendment of Rule 26 of the Federal Rules of Civil Procedure, communications regarding the expert's compensation an expert's draft report and related disclosures is protected from discovery. communications regarding the facts and data to be relied on by the expert in forming his or her opinions the qualifications of the expert witnessarrow_forwardYuri created a very unique service offered by her company. Her company dubs lesson and speeches to any language for political persons and resource speaker. In order to protect her company from unfair competition what type of intellectual property should Yuri apply for? Yuri should apply for copyright P so that no one can published their service without their permission Yuri should apply for industrial design to protect the ornamental shape of their product Yuri should apply for geographical origin since product came from their home town Yuri should apply for service mark in order to protect her company from unfair competitionarrow_forward
- An unaffiliated agent, excluding all previous sales commissions, MAY only accept compensation from: OA. captive insurance agents admitted insurance companies independent insurance agencies fee-based clients B. O C D.arrow_forwardA Question of Ethics—Copyright Infringement.Custom Copies, Inc., prepares and sells coursepacks,which contain compilations of readings for collegecourses. A teacher selects the readings and delivers asyllabus to the copy shop, which obtains the materialsfrom a library, copies them, and binds the copies. Blackwell Publishing, Inc., which owns the copyright to some of the materials,filed a suit, alleging copyright infringement. Custom Copies fileda motion to dismiss for failure to state a claim. [ Blackwell Publishing, Inc. v. Custom Copies, Inc., 2006 WL 1529503(N.D.Fla. 2006)] (See Copyrights.)(a) Custom Copies argued, in part, that creating and sellingdid not “distribute” the coursepacks. Does a copy shopviolate copyright law if it only copies materials for coursepacks? Does the copying fall under the “fair use” exception? Should the court grant the defendant’s motion?Why or why not?(b) What is the potential impact of copying and selling a bookor journal without the permission of, and…arrow_forwardWhich of the following is true of patents? Patent law is enacted by the Congress under the power given by Article V of the Constitution. A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. Processes may be patented but not machines. A composition of matter is found in nature and can be patented. A design patent gives the owner exclusive rights to use the design for fourteen years.arrow_forward
- When a firm resolves an antitrust issue with a consent decree, ita. pleads guilty in exchange for a lighter sentenceb. agrees to reduce its anti-competitive practices slightly, but not to give them up entirelyc. agrees to be broken up in exchange for not further prosecution from the Justice Departmentd. agrees to stop the practices that brought about the law suit, but it does not admit guilt that could serve as the basis for civil law suitse. agrees to have the matter settled in a civil rather than criminal courtarrow_forwardWhich of the following is an example of exclusive federal subject matter jurisdiction? O A. Contract claims in excess of $5,000,000 O B. Copyright Infringement O C. Diversity of Citizenship lawsuits with $75,000 or more in dispute O D. Federal question litigationarrow_forwardWhat is the National Conference of Commissioners on Uniform State Laws? A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases? Civil law Model laws Stare decisis Restatement of the lawarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education