Milestone Two: Application of the Law to the Facts and Impact Assessment In Module Five, you will submit the Application of the Law to the Facts and the Impact Assessment sections (Sections IID and IIE) of the memorandum. In the Application of the Law to the Facts section, use the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your companys arguments in court. Is it probable your company will win this legal dispute?
In the Impact Assessment section, based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples. Make suggestions on how to alleviate any damages to your selected companys public perception going forward. Will action(s) related to the other party be appropriate? Recommend how the company should modify specific business practices to avoid similar situations in the future. This milestone should be 45 pages. Specifically, the following critical elements must be addressed: I. Memo Introduction: Articulate what you feel are the strengths of your companys legal claim or defense. II. Clients Case A. Facts and Laws 1. Analyze the facts related to employment discrimination or unlawful termination based on your companys perspective. 2. Analyze the facts related to contract issues based on your companys perspective. 3. Identify the operative employment and contract laws that apply to your companys case. B. Precedent 1. Select cases that support your companys position in terms of employment discrimination or unlawful termination. Justify why they support its case. 2. Select cases that support your companys position in terms of contract disputes. Justify why they support its case. C. Facts to be Determined 1. Determine any facts that will help you better analyze your companys position. In other words, what questions do you need answered before you can proceed? 2. Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In other words, how would those facts reflect on the propriety and legality of the decisions that were made? D. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your companys arguments in court. Is it probable your company will win this legal dispute? E. Impact Assessment 1. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples. 2. Make suggestions on how to alleviate any damages to your selected companys public perception going forward. Will action(s) related to the other party be appropriate? 3. Recommend how the company should modify specific business practices to avoid similar situations in the future. Scenario: Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greenes Jewelry Wholesale, LLC. The principal place of business for Greenes Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts. Originally started in 1957, the company expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and marketing, research and development, human resources, and manufacturing. The primary asset of Greenes Jewelry is its process for creating a synthetic gold-colored material called Ever-Gold, which is used in Greenes necklaces, rings, earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, oxidization, and is marketed as everlasting gold. Greenes maintains this process as a trade secret. Jennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greenes Jewelry, has just le