Book Review on "Legal Management the Legal Issues"

Quoted Instructions for "Legal Management the Legal Issues" Assignment:

Bagley & Savage. (2006). Managers And The Legal Environment (6th ed.). Ohio: Thompson-West.

1 page for each case problem

CHAPTER 2 CASE PROBLEM #1

Christine Bancroft is a twenty-five-year-old blonde with a face and a figure that some of her male colleagues thought seemed better suited to the cover of the Sports Illustrated swimsuit issue than Advertising Age. After spending her first three months as an analyst at the privately held advertising boutique Scot Wayne More, sitting in her cubicle doing research on the Hispanic market, she looked forward to the day she would have a chance to wow clients with the finely honed marketing skills she had acquired while pursing her MBA at Northwestern University.

Christine knew that Allen Scot and Bart Wayne had a reputation for entertaining clients from out of town at San Francisco*****s all-male Pacific Union Club, so he was pleasantly surprised when Allen asked her to join him and Bart for lunch with Andrew Wise at the World Trade Club. Wise was an account executive from the Cincinnati headquarters of Quinn & Inder, the second-largest consumer products firm in the United States. At first, Christine thought that she*****d been invited to discuss their plans to extend their reach into the Hispanic youth market. But when she asked Bart how she might best prepare for the meeting, he just smiled and said, *****Just wear that little black dress you wore at the firm*****s holiday party and leave the talking to Allen and me. Andrew asked for California, so we*****re giving him California.*****

What should Christine do? What would you do if you where head of human resources for Scot Wayne More and overheard the conversation between Bart and Christine while waiting in Allen*****s office to go over an offer letter for a new hire? [Inspired in part by Joseph L. BADARACCO, Jr., DEFINING MOMENTS: WHEN MANAGERS MUST CHOOSE BETWEEN RIGHT AND RIGHT (1997).]

CHAPTER 3 CASE PROBLEM #5

Frank Boomer received a contract in the mail from his long-distance carrier, AT&T, that stated in unambiguous language that his rates were changing and that he should contact AT&T immediately if this was not acceptable. The agreement also contained a clause stating that any dispute concerning the contract would be settled by binding arbitration. Boomer did nothing initially and continued to make long-distance calls. Later, he decided to file a class-action suit against AT&T for overcharging him and other customers. Will Boomer be successful in getting his case heard by a court instead of an arbitrator? [Boomer v. AT&T corp., 309 F.3d 404 (7th Cir.2002).]

CHAPTER 4 CASE PROBLEM #3

Most wine in the United States is distributed through a three-tier network that developed after the repeal of prohibition. First, the winery obtains a permit to sell wine. Next, the winery sells its wine to a licensed wholesaler, who pays excise taxes and delivers the wine to a retailer. The retailer then sells the wine to consumers. As demand for wine has increased over the last two decade, the number of wineries has grown to more than 2,000, including many small wineries. Meanwhile, the number of wholesalers has declined from several thousand to few hundred. As a result, many small wineries are unable to find wholesaler to carry their wine and are trying to market their wine directly to consumers.

Juanita Swedenburg runs the Sedenburg Estate Vineyard in Middleburg, Virginia. People from all over the United States visit her winery and purchase wine to take home with them. Once they get home, many call the winery or use its website to order more bottles. However, the laws in twenty-six states prohibit the direct shipment of wine to consumers across state lines. The states claim that the Twenty-first Amendment, which repealed Prohibition, gives them the authority to regulate the importation of alcohol. Their claim is based on Section 2 of the amendment, which states that *****[t] the transportation of importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.***** Swedenburg, other winery owners, and wine lovers challenged the direct-shipment laws. Are these direct-shipment laws constitutional? Explain why or why not. [Granholm v. Heald, 544 U.S. 460 (2005).]

CHAPTER 5 CASE PROBLEM #2

NTG Telecommunication, which was interested in purchasing a computer network for its office, received a promotional letter from IBM regarding IBM*****s PC Server 310, Small Business Solution, a computer network server designed for an marketed to small businesses, give us a call*****¦. We*****ll give you the name of the IBM business partner nearest you, as well as answer any questions you might have.***** The Small Business Solution was available was available only through an IBM Business partner, which is an entity authorized to resell IBM product.

Jud Berkowitz, president of NTG, contacted Frank Cubbage of Sun Data Services, an IBM business partner, regarding the Small Business Solution. Berkowitz decided to purchase the Small Business Solution after being informed by Cubbage that it was compatible with Windows 95, the operating system installed on each of the networked computers. After he installed the server, NTG started having serious computer problems, which were not resolved until NTG replaced Perfect Office (which was sold as part of the Small Business Solution) with Lotus Smart Suite, Berkowitz sued IBM for fraud based in part on Cubbage*****s representation that the Small Business Solution was compatible with Windows 95. IBM argued that Cubbage*****s statement could not be attributed to it because a formal licensing or dealership agreement does not create an agency relationship. How should the court rule? [NTG Telecommunications, Inc. v. IBM, Inc., 2000 U.S. Dist. LEXIS 6279 (E.D. Pa. May 8, 2000).]

Bagley & Savage. (2006). Managers And The Legal Environment (6th ed.). Ohio: Thompson-West.