...Memo of law Question/Issue Presented What evidence can be found during a legal discovery and how does this affect the record-keeping policy of a business organization? Applicable Law and Ethical Standards Newby v. Enron Corp. , 2002 U.S. Dist. LEXIS 28397 (S.D. Tex. May 1, 2002) Newby v. Enron Corp. (In re Enron Cor... , 2003 U.S. Dist. LEXIS 1668, Fed. Sec. L. Rep. (CCH) P92404 (S.D. Tex. Jan. 28, 2003) United States v. Arthur Andersen LLP , 2002 U.S. Dist. LEXIS 26870 (S.D. Tex. May 24, 2002) 18 USCS § 1512 Discussion/Analysis (of Law and Facts) During a legal discovery which includes the procedures of Deposition, Interrogatories and Production of Documents there can be different evidence found depending on the area of work the business organization is involved in. An example could be that a company tried to create false documents with the intent to seem like a good investment or to avoid paying taxes. During a deposition evidence can be found that people questioned tell conflicting stories. It is crucial to be able to deliver the right documents requested during a discovery. Therefore, it is important to have an organized record-keeping policy for any organization. Furthermore, a business should keep its records as correct as possible and not be tempted to give in to fraud, changing documents or destroying important documents. A company should follow the law to keep the required documents. It would be a crime to hide, destroy and/or withhold subpoenaed...
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...University of Phoenix ACC/561PR Prof Rafael Marrero Diaz November 26, 2014 Accounting Laws Memo To: Rafael Rodriguez From Carlos Carrion Pastrana – Business Consultant Re: Process and Laws that apply in Puerto Rico to establish a business corporation. It is a pleasure to help and guide you through the process of regulations and steps in establishing a community pharmacy in Puerto Rico. This type of business is very regulated and includes both state and federal laws. -The first thing that must be done is to get incorporated in the Department of State in accordance with the corporations law 164 of 2009 with a company name that is not registered yet and offering a physical address into which municipality will be the headquarters. Then a business social security issued by the Department of Treasury Internal Revenue Services must be obtained. This number will identify the corporation when doing business among other business and when paying taxes to the state and municipality. -A merchant registry number (registro de comerciante) must be obtained also by the department of treasury, here you will specify the exact mailing and physical address and what type of business will be conducted under that corporation. Additional documents are needed: * Lease Contract * Use Permit (Obtained in the municipality if it is autonomous, if not in OGP offices) and is granted by ARPE * Fire Department endorsement (Extinguishers and emergency exits) *...
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...Employment Law Compliance Plan HRM 531 May 5, 2014 Maria Ziegler ATWOOD AND ALLEN CONSULTING Memorandum Date: May 5, 2014 From: Michelle Kenny Human Resource Specialist Subject: Leadership Strategies for New Team To: Bradley Stonefield Owner, Landslide Limousines The purpose of this memorandum is to present to you the employment law compliance plan on how to legally open up your limousine service in Austin, Texas. Based on my extensive research on employment laws in Texas, I am confident that if you follow these employments laws your business will be a successful. I conducted a thorough analysis of four employment laws which I will be discussing in detail; in addition I will present to you the consequences of noncompliance with these four employment laws. The specific employment laws that I will discuss which are imperative to hiring new employees are the Title VII of the Civil Rights Act of 1964, the Americans Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Texas Commission on Human Rights Act (TCHRA). Next, I will cover the employment laws connected with the application process and interview questions. Under this section we will discuss the Equal Opportunity Commission (EEOC), negligent hiring, and the Immigration Reform and Control Act. In addition to these laws I will be...
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...PA415-01: Family Law and Divorce Mediation 1202A March 2012 Term Instructor: Lashawn Piquant Unit 8 Memo Delvoye standards To: Supervising Attorney From: Paralegal- Dow L. Pettis Implications of the Proposed Adoption of the Delvoye Standard for Habitual Residence Abstract It is quite intriguing that despite having many standards proposed and used in the determination of a child 's habitual residence , there has still not come a standard that will conform fully to the objectives of the Hague Convention on the Civil Aspect of International Child Abduction . The Delvoye standard seems to be the most compatible with the guidelines of the convention . An examination of its implications advantages and disadvantages might tell us whether its application can help deter parents from child abduction and wrong retention. The Delvoye Standard of habitual residence of children is a standard that depends on the child 's age and maturity as a determinant for its habitual residence . It also considers the mutual intent of the parents At the age of infancy it also considers both the physical present state in which the child was before the removal or retention and the period in time that the child spent in that state. Implications of the Delvoye Standards The Delvoye Standard for habitual residence has got different implications linked to its adoption . First , it implies that the law of a child 's residence being based on its citizenship is not important in determination...
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...Employment Law Compliance Plan ------------------------------------------------- Hi Marylee, Congratulations on your decision to expand to Arizona, and thank you for choosing Atwood and Allen Consulting to assist you in the expansion process. I am Juan Provencio and I will be personally helping you navigate the human resources waters of setting up your new facility, establishing an employment law compliance plan, compensation, training plans, and anything else you may need. I’d first like to focus on establishing an employment law compliance plan. Since you’re offices are already headquartered in the United States, many of the same employment laws will apply, but some wont; specifically those having to do with operating a business in Arizona. First let’s focus in on the federal employment law that are most pertinent to the establishment and operation of your new facility. Fair Labor Standards Act of 1938 The "Wages And Hours Worked: Minimum Wage And Overtime Pay" (2009) website indicates that the Fair Labor Standards Act of 1938 (FLSA) is administered by the Wage and Hour Division (WHD) establishes minimum wages, overtime pay, recordkeeping and child labor standards for employees who are paid at least $1,700 in a calendar year or work more than eight hours a week. FLSA requires that employees be paid a minimum of $7.25 an hour. This is slightly lower than Arizona’s minimum wage standard, but I’ll cover that under the Arizona specific employment laws below. It’s...
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...TO: Supervising Attorney From: Jennifer A. Ramos This memo is on prenuptial agreements and their utilities. The Uniform Premarital and Martial Agreement Act (UPMAA) is a Uniform Act drafted in 1983 by the National Conference of Commissioners on Uniform State Laws (NCCUSL, 2012). Pennsylvania has not adopted the UPMAA. In Pennsylvania the requirements for a prenuptial agreement are as follows: • It must be a written agreement; • Both parties must execute the document voluntarily; • Both parties must be provided fair and reasonable disclosure of their property and/or financial obligations; • Both parties must have full knowledge of the obligations for each party regarding property and finances; and • The agreement is to be executed by the marriage date. (Pa Cons. Stat. § 3106). A prenuptial agreement in Pennsylvania must be a written agreement, it cannot be verbal. The agreement must also be signed by both parties voluntarily, with a witness and a notary public; this must be done before the marriage is commenced. Both parties in the agreement must be in full knowledge of all financial and property decisions that are made in the agreement; nothing can be added after it is signed, unless there is a legal amendment. Prenuptial agreements should not be compulsory. Prenuptial agreements should be spoken about beforehand and should either be agreed upon or disagreed upon. Making a decision like that is something you will be done together for the rest of your life, given...
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...Memo To:] Traci Goodman From: [Bonnie McMullen] Date: [August 3rd.2015] Subject: [Employment Law Compliance Plan] Comments: This memo is on the subject of the demand of an Employment Law Compliance Plan for Bradley Stonefield's limousine service located in Austin, Texas. The Stone field’s limousine service hopes to hire at least 25 employees during the first year of operation. The memo will also explain the four local, state, and federal laws influencing the hiring and employment of the limousine service employees. The memo also mentions the consequences of noncompliance to the laws. [The Americans with Disability Act of 1990] This law developed by the ADA prevents a corporation from discriminating against people with disabilities. These are qualified people who are able to meet the requirements with or without accommodation. Disability is a physical or mental impairment considerably reducing one or more major life activities such as talking, learning, walking, seeing, and hearing. People are protected under this law if he or she has a current record for impairment or if the employer assumes he or she has a disability. This can include individuals with controlled diabetes, people who are rehabilitated drug and alcohol abusers. The current alcohol and drug abused will be fired and are not protected. The law will protect individuals who are tested positive for HIV and AIDS The Age Discrimination of Employment Act 1967 The Age Discrimination in Employment...
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...IT 500 Help With Memo Assignment Here is a general structure that you can use for your memo assignment. To: All Employees From: HR Department (or your name) Date: Today RE: My Memo Assignment XYZ... Opening lines would state what is being done, such as a policy on recording phone calls, monitoring emails, and so on. There is no minimum or maximum length here. Averages tend to be two or three paragraphs. Controversies Note the section heading. This helps to distinguish the text that you include to discuss controversies. As a hint, why is your topic controversial? What part of the opening paragraph stating the policies might someone find controversial and why? One may assume that stating “we are reading your email” is controversial, but why? Is it that the employees may expect such things to be private, but the company states otherwise? Best practice is to spell it out and not assume (even though in many cases the controversy may seem obvious). This is your chance to show critical thinking and analysis of why this is a controversy. Within the context of the memo, you can use writer’s prose to explain this to your employees if you want (not required, just a suggestion). Legislation Again, note the section title; this helps the reader distinguish your objective. Think of it in terms of you as an employee. If HR sends you a memo, you may not want to read an entire law word-for-word. Instead, consider mentioning a law by name, and giving a three- or four-sentence...
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...IT 500 Help With Memo Assignment Here is a general structure that you can use for your memo assignment. To: All Employees From: HR Department (or your name) Date: Today RE: My Memo Assignment XYZ... Opening lines would state what is being done, such as a policy on recording phone calls, monitoring emails, and so on. There is no minimum or maximum length here. Averages tend to be two or three paragraphs. Controversies Note the section heading. This helps to distinguish the text that you include to discuss controversies. As a hint, why is your topic controversial? What part of the opening paragraph stating the policies might someone find controversial and why? One may assume that stating “we are reading your email” is controversial, but why? Is it that the employees may expect such things to be private, but the company states otherwise? Best practice is to spell it out and not assume (even though in many cases the controversy may seem obvious). This is your chance to show critical thinking and analysis of why this is a controversy. Within the context of the memo, you can use writer’s prose to explain this to your employees if you want (not required, just a suggestion). Legislation Again, note the section title; this helps the reader distinguish your objective. Think of it in terms of you as an employee. If HR sends you a memo, you may not want to read an entire law word-for-word. Instead, consider mentioning a law by name, and giving a three- or four-sentence...
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...Benefits During Leave This document either (1) integrates California and Federal law into one answer for the California library or (2) covers Federal law only for the National library, which applies to all states. The active profiles listed above show which library applies. For the National version, the federal laws set the minimum requirements for employee rights and employer obligations. However, your company may be subject to additional rules, depending on state and local laws, court decisions, or agency regulations. And, whether your company is in California or another state, if the company provides more generous terms through an oral or written contract, a collective bargaining agreement, or company policy, the company must comply with those terms. RELATED INFO/FORMS: Note: This document applies to all employees, whether exempt, non-exempt, full-time, part-time, temporary, new, or regular.1 GENERAL RULE ON PAY AND BENEFITS DURING LEAVE Employers must give employees time off from work for a variety of reasons (such as for jury duty and workers' comp injuries). Besides these mandatory leaves, many employers provide other, optional leaves (such as vacation, sick, and holiday leave). See Memo 2800 Employer's Duty to Provide Leave & Time Off. Note: If employees are entitled to take leave, employers generally must reinstate employees returning from leave to their prior pay and benefits. See Memo 2807 Employee's Rights Upon Reinstatement from Leave. Generally, employers are...
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...“Torture Memos” The accusation of Bush administration officials of war crimes for approving torture has being raised by the International Committee of the Red Cross. Representatives of the Red Cross were permitted to interview the so called “high value” prisoners at Guantanamo Bay, which is part of the international standards for prisons. The International Committee of the Red Cross submitted a report of its findings to the Central Intelligence Agency in 2007. The report concluded that American’s interrogation methods should be categorized as torture, violating both American law and international law; the report also notifies that the abuse constituted of war crimes and threatened the highest officials of the US government of being prosecuted. Red Cross representatives were not allowed access to the actual room interrogation of high level prisoners and secret prisons, however several CIA officers confirmed parts of the Red Cross report, and a CIA spokesman confirmed to the New York Times that the Red Cross Committee’s interrogation was based on detailed legal guidance from the Justice Department of the United States. As a response to these accusations, certain memos providing the legal basis for certain interrogation techniques were released by the president Obama administration to the public eye. In a speech at the CIA headquarters, president Obama emphasized that he acted primarily because of the exceptional circumstances that surrounded these memos, particularly...
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...UCLA Law School Prof. Mark Garmaise Spring 2016 Law 447 – Memo #1 Marriott Corporation Memo (required): The Marriott case will be discussed in class on Mar. 2. Prepare, in groups of no more than three students, a 2-page memo answering the questions below. The memo is to be submitted to the records office by 12 noon on Mar. 2. Groups should submit only one memo. Please retain a copy of your memo for purposes of class discussion. The following are some further guidelines: 1. The case provides a formula for the weighted average cost of capital (WACC) that differs slightly from the formula given in class. For the purpose of your analysis, use the version of the formula given in class: We will discuss the version of the WACC given in the case later in the course. 2. In answering the questions below, pay careful attention to the distinction between Marriott’s current capital structure and its target capital structure. Please answer the following questions in your write-up: 1. What is the WACC for the Marriott Corporation? Use the data in the case to estimate the risk free rate and market risk premium. 2. What would be the result if Marriott used the same single corporate hurdle rate to evaluate investment opportunities in all of its lines of business? 3. What discount rate should be applied to Marriott’s lodging projects? What discount rate should be applied to Marriott’s restaurant projects? 4. What is the cost of capital for Marriott’s contract...
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...Nick Wright Business Law 1 Professor Hunt August 31st 2015 I.R.A.C. of Aon Risk Services Inc v. Meadors Summary: Meadors sued Aon Risk Services Inc. for breach of a unilateral contract. Aon Risk Services (ARS Arkansas) and Combined Insurance Companies are subsidiaries of Aon Risk Services. A parent company issued a memo (Interdependency Memo) which encouraged ARS brokerage offices to put insurance companies with Aon-affiliated companies. It also gave bonuses for revenue generated under this new plan. Meadors put Dillard’s Department store in touch with Combined Insurance Company and in March of 2000 they came to an agreement where Dillard’s employees could purchase life insurance, disability and other insurances through their employer. Through the memo Meador was entitled to a bonus when this transaction came to an agreement and he did not receive it. Meadors sued and Aon Risk Services defence was that the memo was not sufficiently definite to constitute an offer. Issue: Was the memo enough to constitute an offer and if so was the offer excepted, and was it completed. Rule of Law: Recognizing that a unilateral contract is composed of an offer that invites acceptance in the form of actual performance. When the performance has occurred then the offer has been accepted, and thats when the contract has been formed. Arkansas recognizes Unilateral contracts Analysis: The memo gave specific mathematical equations to figure out the bonus pool, so the court gave the...
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...and apply legal authority. We have also discussed how to write a case brief, which law students usually write for their own use. Most legal writing, however, is done to communicate with others. As a law student (and new lawyer), you will receive legal problems and will be asked to analyze the problem and write up the results of that analysis. The typical vehicle that lawyers use to do this is the legal memorandum. When you write a memorandum, you will make use of the several analytical skills you have been developing. This handout explains the form and content of a legal memorandum. II. PURPOSE OF A MEMORANDUM A legal memorandum is a document written to convey information within a law firm or other organization. It is a written analysis of a legal problem. The memorandum is usually prepared by a junior attorney or by a law clerk for a more senior attorney early in the firm's handling of a legal dispute. The writer analyzes the legal rules that govern the issues raised by that problem and applies those rules to the facts of the case. These memoranda prepare attorneys to advise clients how to proceed, if at all, with prospective business dealings or litigation. The memo must be complete and objective including both the rules and facts that help the client and those that do not. In concludes with a considered opinion of the likely outcome on each issue. The attorneys will then use the memo to understand the issues that the case raises, to advise the client, and to prepare...
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...Outsourcing is a relevant and arguable issue in the United States. Jobs that were previously handled by American workers are already being handled by workers located in other countries that offer lower wages and lower costs of living. The case study describes the Department of Transportation of Illinois plans to outsource the management of information management systems. Ms. Barbara Glenn makes several arguments against this outsourcing in her memo to Mr. Cesar Padilla, the President of the FSEU (FSEU Memo, 2011). In the book, “Asking the Right Questions: A Guide to Critical Thinking (Tenth Edition), by M. Neil Brown and Stuart M. Keeley”, the authors examine the benefits of critical thinking as it relates to the process of asking the right kinds of questions. The authors define critical thinking: “as the awareness of a set of interrelated critical questions, the ability to ask and answer critical questions at appropriate times; and the desire to actively use the critical questions” (Brown & Keeley, 2010, p. 2). In my examination of the Memo by Ms. Barbara Glenn, I will apply the various steps developed by Brown and Keeley, to examine the arguments made. Conclusions and Issues Involved Ms. Glenn stated that the proposal to outsource the information management system of the Department of Transportation is a straight assault on the Union and will not be favorable to the members of the Union, the employees in the U.S. and also to the overall condition of the domestic economy...
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