Alternative Dispute Resolution (ADR), Ethics and Risk Management Study
Alternative Dispute Resolution (ADR), Ethics and Risk Management Study
Includes Option #1
Includes Option #2
The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.
Read the following scenario:
Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry’s Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry’s Pizza a written contract, prepared by Dazzling Dough Co.’s lawyer, stating that “Jerry’s Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000.” Jerry’s Pizza signed and returned the contract.
A few days later, Dazzling Dough Co. sent Jerry’s Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry’s Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry’s Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough.
After several attempts to resolve the dispute and a pressing need for dough, Jerry’s Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry’s Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney’s fees to the winning party.
The board of directors of Jerry’s Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You’ll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry’s Pizza can avoid this kind of dispute in the future.
Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:
• Summary of Dispute
• Identify the source of the dispute.
• Identify each party’s interpretation of the contract language.
• Identify whether each party’s interpretation is reasonable.
• Identify any missing facts that would be helpful to know in order to resolve the dispute.
• Proposed Revisions to Contract Language
• Recommend specific revisions to the contract’s language so that it is clear what Jerry’s
Pizza expected to buy and what Dazzling Dough Co. is required to deliver.
• Ethical Considerations
• Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered.
• Recommendations
• Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.)
• Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry’s Pizza can propose to Dazzling Dough Co.
• Create a one-page visualization to represent the information you provide in this assignment.
• Use the Table, SmartArt, or Chart visual representation options available in Microsoft
Word by clicking on the Insert tab located on the ribbon at the top of the window.
Locate the Word Help function in the version of Microsoft® Word that is installed on your computer for assistance.
Click the Assignment Files tab to submit your assignment.
ETH321 Ethical and Legal Topics in Business
Week 2 Assignment
Duties of Corporate Directors and Officers
Instructions:
The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders.
Read the following scenario.
Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don’t understand their legal duties to the corporation and that new directors won’t understand their duties either.
You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation’s legal counsel to create a company policy document for directors and officers about their legal duties to the corporation.
Develop a 700- to 1,050-word company policy (template provided) for Fitzgerald Foods’ directors and officers completing the following:
• Legal Duties of Directors and Officers (a heading from policy document)
• Explain the legal duties of directors and officers to the corporation, including the
“business judgment rule.”
• Benefits of Compliance (a heading from policy document)
• Discuss the benefits of compliance for Fitzgerald Foods.
• Consequences of Noncompliance (a heading from policy document)
• Analyze how unethical activity by a director or officer can lead to a violation of a legal duty owed to the corporation.
• Provide a brief example from a news article or court case within the last three years that demonstrates corporate director or officer liability in the United States.
• Recommend separately (not a heading on the policy document) to the chairman of the board in 45 to 90 words at least two business risk management procedures that
Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its directors and officers.
Use the Fitzgerald Foods Company Policy template as a guide for your policy document.
Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample, or any variation you choose. An example may assist you to complete your policy document.
Cite a minimum of two references according to APA guidelines.
Click the Assignment Files tab to submit your assignment.
ETH321 Ethical and Legal Topics in Business
Week 2 Assignment
The Family Owned Business, It’s Complicated Understanding the difference in responsibilities between family and business associates
Instructions: Read the following scenario.
A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships. You are a consultant advising a “mom and pop” grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff and Joan as a couple own 70% of the corporation’s shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation’s chief executive officer (CEO). Create a client memorandum (memo) addressing the following:
• Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and Martha as minority shareholders. What are their duties to Henry (an owner) as directors of the corporation?
• Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as owners of the company.What about as family members?
• Provide suggested steps the family can take to abide by their legal duties as directors and officers, yet still preserverelationships between family members.
Click on Office Templates and use the following search parameter: memorandum. Submit your memo to the assignments tab.
ETH321 Ethical and Legal Topics in Business
Week 3 Assignment
Sexual Harassment Education for Managers
Instructions:
The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity.
Read the following scenario.
High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O’Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation. Conduct a roundtable discussion (in person, web conference, or via email, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following:
• Define sexual harassment and discuss applicable law (such as the Civil Rights Act of
1964). How does the state law in your state address sexual harassment?
• Discuss a recent sexual harassment claim in the news and whether media coverage is beneficial or detrimental to reporting and reducing sexual harassment claims in theworkplace. Should sexual harassment claims be addressed publicly or handled privately?
• Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news?
• Compare the sexual harassment liability of a business entity that is a sole proprietorship with an entity that is a corporation.
• Recommend risk management procedures a business can implement to avoid or reduce sexual harassment claims from occurring in the workplace.
Summarize your discussions and answer the questions posed above in a 7 – 10 slide Microsoft presentation.
Click the Assignment Files tab to submit your assignment.
ETH321 Ethical and Legal Topics in Business
Week 3 Assignment
Signature Assignment—Employment Classification and Discrimination
Instructions:
The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company’s dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab.
Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following:
• Analyze whether Janice qualifies as an employee or should be classified as an independent contractor.
• Discuss whether Dream Massage has potentially violated any employment discrimination laws.
• Analyze ethical considerations associated with the maintenance of a rigid company dress policy.
Cite a minimum of three references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
ETH321 Ethical and Legal Topics in Business
Week 4 Assignment
Internet-Based Contracting Issues
Instructions:
The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution.
Read the following scenario.
Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process.
• Great Buys isn’t sure it has a binding contract with its customers because the contract is completely online and inelectronic format.
• Customers have argued they are not bound to the online contract because there’s no handwritten “pen and ink”signature.
• Great Buys also wants to know if any international laws will apply when the company starts selling its electronicproducts internationally.
• Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitrationclause requiring that arbitration be conducted in New York
City will be enforceable.
• Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customerproduct complaints don’t turn into contract-related claims or lawsuits. Great Buys’ management team asks you, the company’s contract manager, to work with your team and address their concerns.
• Create a 7- to 10-slide Microsoft PowerPoint presentation that provides answers to all of Great Buys’ concernsabove. Your Learning Team can incorporate graphics, animation, or interactive Microsoft PowerPoint features, such as Designer and Morph (some features require a valid Microsoft Office 365 subscription), consistent with the University of Phoenix’s guidelines for use of third-party materials. Your Learning Team should determine how to allocate tasks among team members and submit a single Microsoft PowerPoint presentation (do not submit presentations by individual
Learning Team members).
Cite a minimum of two references.
Format your assignment according to APA citation guidelines.
Click the Assignment Files tab to submit your assignment.
ETH321 Ethical and Legal Topics in Business
Week 4 Assignment
Trade Secret Theft Study
Instructions:
The purpose of this assignment is to determine when business assets may constitute intellectual property (IP), to analyze when an IP theft has occurred and possible remedies for IP theft, and to assess the importance of protecting and enforcing IP rights in a business setting.
Read the following scenario.
Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek’s customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek’s key purchaser and purchasing trends information.
Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek’s customers and offer them cheaper, but comparable, computer chips manufactured by Dana’s new company, SmartChip. Futuretek becomes aware of Dana’s actions and asks you, the chief operations officer, for advice and recommendations on what to do. In a 5- to 10-slide Microsoft PowerPoint presentation, complete the following:
• Determine whether Dana has taken Futuretek’s intellectual property (IP), and if so, describe the type(s) of IP that was taken.
• Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip.
• Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company.
• Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future.
Cite a minimum of two references according to APA guidelines.
Click the Assignment Files tab to submit your assignment.
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