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Part 1Read the scenarios and the questions thatfollow. Ident

    Part 1Read the scenarios and the questions thatfollow. Identify and analyze the legal issue(s). Apply legal conceptsand make potential arguments as directed using laws, cases, examples,and/or other relevant materials. Consider using short headings (consultAPA materials) to separate the topics. Summarize the facts; do not copythe scenarios into the paper. After you have answered the questions andbefore the conclusion, propose recommendations to help the organizationavoid at least five of the issues identified in the scenarios in thefuture. Support your answers with information from atleast five scholarly sources, prepare an 8- to12-page paper that identifies the legal issues and potential solutionsand answers all questions presented, supported by relevant legalauthority. Do not exceed the page length by more than two pages, as theinstructor is not required to read excess pages. Properly cite allsources using APA format.OverviewFamous Subs and Pizza Company (FSPC) is apublicly traded corporation headquartered in Tallahassee, Florida,operating restaurants in ten states. The company also owns a foodprocessing and distribution facility in Jackson, Mississippi.Approximately 20% of the employees work full time; however, FSPCprimarily hires part-time employees as delivery drivers, cooks, andsandwich makers. FSPC leases space for most of its restaurants inshopping centers, but the company owns a few of the properties as wellas its headquarters office and the distribution facility. The companyexperienced explosive growth over the last three years, but with thegrowth came increased legal issues. The CEO, Chip Stone, seeks youradvice on the following legal and ethical issues.S1: Business OrganizationsCharmaine, Delia, and Mary met while workingfor FSPC in Atlanta, Georgia. Charmaine was attending college to earn adegree in management. Delia was attending culinary school to become achef, and Mary was a recent graduate in sales and marketing. The threeladies decided to open their own sandwich restaurant on wheels, alsoknown as a food truck. They planned to start small with one truck buthad big dreams to own a whole fleet of trucks that served a variety offoods.Charmaine took a business law class andremembers there are several forms for organizing businesses. The ladieshave come to you for advice about the various forms of businessorganizations.Analyze three forms of business organizationsincluding advantages and disadvantages related to the business theladies plan to operate.Defend selection of one ofthe three types of business form for the new business, including therequirements for starting that form of business in your state.S2: Intellectual PropertyIn addition to the confidentiality andnoncompete provisions, the employee handbook also contained a sectionabout intellectual property. Employees are required to disclose anyinventions made during the period of employment that are related to thecompany’s business. Devlin created a new app that will make it easierfor customers to order food for delivery or takeout. The app providesadditional access for blind and deaf customers so that they can alsoplace orders by using the app. Devlin searched the patent applicationsand did not find any other patent that was similar to his newfood-ordering app and intends to file for protection of his patent assoon as possible.Evaluate the arguments for FSPC and Devlin concerning ownership of the invention under the following assumptions:Devlin did not use any company resources, including time, to create the app.Devlin used some company time and a computer to develop the app.S3: SecuritiesOn June 30, 2015, FSPC predictedfirst-quarter earnings of $0.25 per share. On July 13, 2015, FSPCreceived an e-mail from their in-house attorney related to a $2.5million claim for personal injury of a three-year-old child who wasallegedly injured when choking on a toy contained in a kid’s meal soldby one of the FSPC restaurants. Chip Stone, the CEO of FSPC, instructedthe attorney to prepare a press release describing the claim. Before thepress release was sent to the copy center at FSPC’s executive office,the vice president of sales sold his FSPC shares at the prevailingmarket price of $35.25 per share.Charlene Copier, who ran the photocopyingmachine at FSPC’s executive office, saw the draft press release. Shecalled her broker, Bradley Broker; told him about the press release; andordered him to sell the 250 shares of FSPC that she had acquired inFSPC’s initial public offering. Broker then called his best client,Calvin Client, and suggested that he sell his 10,000 shares of FSPC’sstock but did not tell him why. Client agreed, and Broker sold Copier’sand Client’s stock at $35.25 a share right before the market closed onJuly 15.The press release was publicly announced andwas 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 havebrought a private class action suit, and the SEC has commencedenforcement proceedings. Criminal prosecution is threatened by the USAttorney’s Office:Evaluate the potential claims by the plaintiffs inthe class action lawsuit and the basis for the criminal action by the USAttorney’s Office.Assess the potential liability for securities violations of Stone, the vice president, Copier, Broker, and Client.S4: Bankruptcy and Secured TransactionsCoastal Property Restoration (CPR)periodically purchased used restaurant equipment from Famous Subs andPizza Company. CPR refurbishes and sells restaurant equipment to smallrestaurants. In December 2014, CPR purchased five used pizza ovens for$50,000. Because of the good relationship between the companies, FSPCfinanced the ovens for two years; however, FSPC did not obtain aperfected security interest in the ovens. In July 2015, CPR sold four ofthe ovens to another refurbishing company for $4,000 two days beforefiling bankruptcy. CPR still owes approximately $35,000 to FSPC for theovens.Evaluate the legal and ethical issues associatedwith CPR’s sale of the pizza ovens before filing bankruptcy. Whatrecourse does FSPC have in recovering the monies still owed on theequipment or the remaining oven?S5: Physical Access and Public AccommodationIndividuals may place orders for pizza byphone or fax or through the FSPC website. The FSPC website does notcontain features that allow a blind person full access, such as theability to order online. The National Federation of the Blind has filedsuit on behalf of a group of blind individuals.Evaluate the basis on which lawsuits might be filedon behalf of blind individuals and propose a potential outcome supportedby cases or scholarly sources.S6: Bribery and Facilitation FeesFSPC purchased two packaging machines forthe distribution center and ten pizza ovens from a supplier in Italy.Between the shipping costs, delays, and unanticipated duties, thepurchasing manager was worried that his boss would be upset about thetotal costs. In an effort to reduce costs, the manager offered a USCustoms officer $500 in cash to re-classify the imported goods to reducethe amount of duties owed.Analyze the legal and ethical ramifications of the purchasing manager’s offer to the customs official?Would it make a differenceif the purchasing manager offered to donate $500 to St. Jude Children’sResearch Hospital if the officer expedited the paperwork necessary torelease the goods from custom’s custody?S7: RecommendationsAs the new Director of Compliance, you havereviewed each of the issues presented. The CEO, Chip Stone, requestedthat you propose specific recommendations on how to avoid both legal andethical issues in the future related to a minimum of five areas thatneed improvement. Be specific and detailed and be sure to baserecommendations on relevant legal and ethical principles. Do not providegeneric resolutions such as ‘the company should provide training andimplement procedures to avoid future problems.’

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