BUS 307 Case Study 2 Guidelines and Rubric For this case study, craft a professional memo, appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on the issues within. Your memo should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always remember to be clear, kind, and professional in your communications

Case Study 2 Fred’s Miracle Cough Syrup has hit the market and become a huge success with the burgeoning integrative medicine demographic. Per your advice, Fred has patented his famous concoction and trademarked the Fred’s Miracle Cough Syrup name and logo. Demand is so high that Fred and Sally are working full-time on the business. Their children, Sam and Lilly, and their respective spouses, Jane and Tim, have joined the company full-time as well. In fact, Fred and Sally have made Sam and Lilly part owners of the business. Fred, Sam, and Tim handle the production, sales, and delivery. Sally and Lilly handle the majority of the administrative and business management tasks, while Jane acts as the bookkeeper. Sally and Fred are the only authorized signatories on the corporate account.

Sally and Lilly have been hard at work securing a new production facility and distribution chain to accommodate an upcoming contract with a national chain. After locating a large warehouse on several acres, Sally and Lilly approach their local credit union for a loan. The business has only one business credit card used to purchase supplies for the production of Fred’s Miracle Cough Syrup, and there is a small mortgage outstanding on the family farm. Personal debts of the individual family members consist of small credit-card balances for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam’s van.

During the commercial loan accounting review process, Sally and Lilly discover that Jane has been siphoning off large amounts of corporate money and “cooking the books” to hide her actions. Jane has written several checks from the corporate account and forged both Sally’s and Fred’s signatures. Jane has made out all but one of the forged checks to Don, a local loan shark, in an effort to repay her gambling debts. The check Jane did not deliver to Don was made out to “Cash,” which she slipped into the collection box at church in an effort to absolve her guilt. The embezzlement was so severe that the family fears that Fred’s Miracle Cough Syrup is now on the brink of bankruptcy. Meanwhile, Sam’s refusal to enter into an exclusive distribution deal with the local drugstore has enraged Bob, the owner. Bob has now reverse engineered Fred’s cough syrup recipe and has posted it online in an act of vengeance.

As Fred and Sally tearfully recount the events of the past month, you reassure them that you are on the case, and you begin to ponder the legal issues at hand.

Specifically, the following critical elements must be addressed:

I. What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful?

II. What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be successful or unsuccessful?

III. What, if any, civil claims do Fred and Sally have against Jane based on her actions? Why do you believe they will be successful or unsuccessful? IV. Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1).

What form is most appropriate and why?

V. Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study 1). Explain which, if any, are subject to forced sales, liens, or forfeiture.

VI. Analyze the implications, if any, of a potential bankruptcy action by the business on the assets of the individual family members (assume the business entity is the same form as you chose in Case Study 1). Explain if the assets of business owners are subject to forced sale, liens, or forfeiture.

VII. What legal recourse does Fred have against Bob for infringement of intellectual property rights? Do you believe he will be successful? Why or why not?

Rubric

Guidelines for Submission: Your submission should be a four to seven page memo, double-spaced, use 12-point Times New Roman font, and follow APA 7th edition format for layout and citations.

Critical Elements Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value

Case Study 2:

Legal Defenses

Meets “Proficient” criteria and

is well supported using

appropriate sources

Determines the legal defenses with regard to the checks written by Jane to Don and explains why defenses would be successful or unsuccessful

Determines the legal defenses with regard to the checks written by Jane to Don, but does not explain why defenses would be successful or unsuccessful

Does not determine the legal defenses with regard to the checks written by Jane to Don

13

Case Study 2: Church

Meets “Proficient” criteria and is well supported with appropriate sources

Determines the legal defenses

with regard to the check written by Jane and delivered to the church and explains why defenses would be successful or unsuccessful

Determines the legal defenses

with regard to the check written by Jane and delivered to the church, but does not explain why defenses would be successful or unsuccessful

Does not determine the legal

defenses with regard to the check written by Jane and delivered to the church

13

Case Study 2: Civil Claims

Meets “Proficient” criteria and

provides specific supporting evidence applied to each element of the relevant legal test

Determines civil claims available to Fred and Sally against Jane and evaluates potential for success of those claims

Determines civil claims available to Fred and Sally against Jane, but does not evaluate potential for success

Does not determine civil claim savailable to Fred and Sally against Jane

13

Case Study 2: Bankruptcy

Meets “Proficient” criteria and offers research to illustrate why the chosen types of bankruptcy would be available based on the chosen type of business entity

Analyzes available forms of bankruptcy based on the chosen type of business entity and determines which form is most appropriate and why

Analyzes available forms of bankruptcy based on the chosen type of business entity, but does not determine which form is most appropriate or why

Does not analyze available forms of bankruptcy based on the chosen type of business entity

13

Case Study 2: Business Assets

Meets “Proficient” criteria and

offers a nuanced insight into the relationship between a bankruptcy action by a business and business assets

Analyzes implications of

bankruptcy on business assets and explains which are subject to forced sales, liens, or forfeiture

Analyzes implications of bankruptcy on business assets, but does not explain which are subject to forced sales, liens, or forfeiture

Does not analyze the implications

of bankruptcy on business assets

13

Case Study 2: Family Members

Meets “Proficient” criteria and

offers a nuanced insight into the relationship between a bankruptcy action by a business and personal assets

Analyzes implications of

bankruptcy on personal assets of individuals and explains if the assets are subject to forced sale, liens, or forfeiture

Analyzes implications of bankruptcy on personal assets of individuals, but does not explain if the assets are subject to forced sale, liens, or forfeiture

Does not analyze implications of

bankruptcy on personal assets of individuals

13

Case Study 2:

Intellectual Property

Rights

Meets “Proficient” criteria and

cites specific, applicable rules of law

Determines the legal recourse Fred has against Bob and explains why Fred will be successful or unsuccessful

Determines the legal recourse

Fred has against Bob, but does not explain why Fred will be successful or unsuccessful

Does not determine the legal

recourse Fred has against Bob

13

Articulation of

Response Submission is free of errors

related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy-to- read format

Submission has no major errors

related to citations, grammar, spelling, syntax, or organization

Submission has major errors

related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas

Submission has critical errors

related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas

9

Earned Total 100%