SCH-MGMT 783: Business Law (3 Credit )

SECTION-03

SPIRE NO: (34944)

Course : Fall 2019

Professor: Robert Cannon, JD, MBA
Isenberg School of Business
University of Massachusetts
rcannon@admin.umass.edu
Cell: 508-364-4748
Skype: professorcannonumass
On line calendar for setting Skype office hour appointments:
https://professorcannon.acuityscheduling.com

Course Dates: Sep 3, 2019-Dec 11, 2019

Prerequisites: None

DESCRIPTION: The central goal for this course is to assist you in being better prepared to understand and
use the law to inform business judgments. What we are going to do in this class is to look at a not so
hypothetical start up business and then take you through the intersection of law and the typical life of a
business in the real world chronology of what a start up business runs into. During the course we will not
only examine law as a set of rules but do so in relation to business operations and societal values.

One note on this approach-some students have asked why I do not focus on large organizations and their
relationship to business law. Very simply, the legal issues facing large organizations are fundamentally
the same as those facing a small, entrepreneurial start up. The scale may be different but not the
underlying legal issues or challenges. Since this is meant as an introductory Business Law class to give
you all a graduate level overview, it makes sense to focus on an entrepreneurial organization. And
besides, it is more fun to talk about a start up organization than a perhaps moribund institution!
TEXTBOOKS: Textbook Information is as noted below in Readings. The instructor reserves the right to
make modifications to the course schedule, readings, and course requirements.

WELCOME!

Welcome to SCH-MGMT 783 online. My name is Rob Cannon and I’m your professor.

BRIEF BIOGRAPHY: I graduated with an MBA in 2000 after earning a JD in 1982 and a B.A. in Political
Science/Economics from UMASS Amherst. My teaching career began in 2011 at the MBA program at
Suffolk University and I then transferred to UMASS as an adjunct. My professional career began as an
attorney trying cases where I built a medium sized law firm and found that I was running a multimillion
dollar business by the seat of my pants. That prompted me to return to school and get an MBA at which
point I discovered that, contrary to my belief, I had not built a business at my law firm but that I had built
a job. The amount of money I took home was mostly a function of the amount of hours I personally
billed notwithstanding the other twelve lawyers that worked for me.

With that revelation, I left the law firm that I had founded and began a new law firm but one that had a
significant difference-it was a business. In building it, two models were utilized-The Good to Great
model-where we did one thing and one thing only- and The World is Flat model where we realized that
geographic location was irrelevant if you correctly used technology. This firm was virtual, had a couple of
hundred attorneys working for it and concentrated only in representing small banks and credit unions in
doing reverse mortgages for seniors. As a result of the systems that made it a business (not to mention
eliminating all fixed overhead), I had lots of free time and used that time to start a technology company,
a marketing company and to become the CEO of a wholesale reverse mortgage bank lender in a turn-
around situation. During all this, I began to teach in an MBA program and found that I really liked doing
it. Although I teach, I also am the founder of an incubator company which mentors earliest stage start up
companies. We currently have three companies in our portfolio and I act as general counsel for those
firms as well as general counsel for select clients typically in the technology arena. In short, my practice
of law is very active. I have lots of real life examples in the areas we are going to discuss which I will
share with you from my thirty plus years as an attorney.

My teaching philosophy is to explain the theory but make sure we have lots of real world examples
supporting it. Most Business Law classes start by giving you a broad outline on ethics and why we have
law and then get into specific aspects of business law in no specific order. While broad outlines are great,
I take a more pragmatic approach. What we are going to do in this class is to look at a not-so-
hypothetical start up business and then take you through the intersection of law and the typical life of a
business in the real world chronology of what a start up business runs into.

I look forward to working with all of you. I am confident that you will find the class interesting and,
although it will be a lot of work, enjoyable as well as valuable to your career. My contact information is
above.

OFFICE HOURS: There are none. I live, work-wise, in a virtual environment so I am available a lot by email
or cell or through the course discussion forums. I will make it a point to check in on the course every
business day and respond promptly. I make every effort to respond to phone calls and e-mails within 24
business hours. That said, in my contact information is an online calendar to set an office hour
appointment with me using video conferencing through my Skype ID.
READINGS AND COURSE MATERIALS:

There is one required book for the course:

Business Law: Text and Cases, 13th Edition, 2015

Kenneth W. Clarkson University of Miami
Roger Miller Institute for University Studies Arlington, Texas
Frank B. Cross University of Texas, Austin
ISBN-10: 1285185242 | ISBN-13: 9781285185248
You can order or rent the book through Amazon at http://www.amazon.com/Business-Law-Kenneth-W-
Clarkson/dp/1285185242/ref=sr_1_1?ie=UTF8&qid=1431056531&sr=8-
1&keywords=business+law+clarkson or you can obtain an online version of the textbook for a 180 day
license from Cengage.

I recommend renting. Textbooks in general are too expensive. If I could find a way to get you the
material more cheaply, I would but the online version, at least, is a more affordable alternative.
Besides, once the course ends, you will never need the book again. In the real world, if any of you or
your organization need business law advice, you will hire an attorney. This version, by the way, is an
older version. The new version does not add anything substantive besides some page re-ordering but
costs a lot more. I think it is smarter to save you all some money by using the older version.

That said, for the first few classes in order to give everyone time to get the text and under the Fair Use
Doctrine, I have uploaded the chapters to be read each week in the Course Content tab.

COURSE REQUIREMENTS:

Students are expected to master the content of the readings, to make constructive contributions to class
discussion and to take quizzes. There are no exams in this course.

Your grade will be based on the following:

Paper—25%

Threaded Discussions—50%

Quizzes—25%
WHAT TO EXPECT IN AN ONLINE CLASS:

This is a self-paced learning environment. Taking a course online allows you great autonomy as to when,
where and how you will study and participate. This class is designed to help pace your learning.
Accordingly, there are weekly deadlines for certain assignments. For each of the 11 segments you will
have:

1. READING ASSIGNED CHAPTERS

2. CLASS "LECTURE" OUTLINE

The lecture will be a video lecture by me. I also include in that class segment the script of that lecture so
you can follow along.

3. CLASS DISCUSSION/PARTICIPATION: Participating online in the discussion topic.

The class will be divided into smaller groups randomly chosen generally consisting of 10 members.

A. CLASS DISCUSSIONS:

There will generally be two discussions each session.

1. The first discussion will be based around a client (who is not so hypothetical-it is a mashup of different
start up businesses involved in my incubator company) we will meet named Jesse Cabrell. Jesse has
invented a great new consumer product called the Next Great Thing (NGT). It is a personal
communication device (like a smart phone) with an attached, proprietary social media platform.

Jesse is a startup and each week we will look at a legal issue facing Jesse that corresponds with the area
of law we are looking at that week. Jesse learns about these legal issues because he meets with the
esteemed law firm of Cannon & McCoy-I am certain that you have heard of them 😊😊. You will meet
Jesse each week in a video where he Skypes Rob Cannon who is the senior partner at Cannon &McCoy
and speaks with the senior partner about a legal issue facing NGT that week. Attorney Cannon gives
Jesse an overview about that area of the law (complete with Power Point slides) and then, at the end of
each conversation, when asked by Jesse what he should do, tells Jesse that he is fortunate in that
Cannon & McCoy has talented groups of associates who will discuss his problem all week with the firm’s
senior partner and then prepare a legal Memorandum giving Jesse an overview of the legal area in
question with their recommendation of what Jesse should and why.

This is where you all come in. You will be put into a random team of about 10. As a team, you are all
associates of Cannon & McCoy and your job each week in the first discussion forum is to discuss the legal
issue that Jesse is facing and come up with a final written recommendation about the area of law Jesse
faces and what he should do that you would present to the firm’s senior partners. It is a team
recommendation so each week you are going to have to figure out who leads the team discussion that
week and who develops the consensus recommendation. You must all take turns being the team leader
each week. Since you are in groups of ten and there are eleven sessions, everyone should get to do it
at least once.
If one of your members is a slacker, you have to work it out amongst yourselves. I will not intervene. If
this sounds a lot like what happens in real life that is the point. To get you started, for these discussions I
will list a question for you to consider and discuss with your group members but these questions are just
starting points to get the conversation going. Since you are going to present a consensus
recommendation for the first discussion of each week on what Jesse should do, this discussion will be a
team grade-you all get the same grade.

That said, if a team member does not materially participate in a given week, then that member will
not get credit for that week's discussion. An example of not materially participating is a single posting
of "Good job team" at the end of the week after all the work is done.

Bottom line-this is a very participatory class and you will find that I am very active in your discussions
each week. It is not a class where you post once and then hear from me at the end of the week with
some “sage from the stage” posting. Instead, be prepared to talk all week long with your teammates as
you try to figure out the best course of action for Jesse.

2. The second discussion will typically be based around a documentary or Ted Talk on the area we are
discussing. I will list discussion questions for your group to consider related to that area. In short, the
first discussion will be specific to Jesse’s startup ad the second discussion will be a broader public policy
type discussion. The second discussion will be individually graded. For more information on what I think
constitutes good participation in these discussion forums, see Discussion Expectations below.

Each week, the course module for that week will open on Friday at midnight EST and close a week from
the following Sunday at midnight. In short, you get two full weekends to participate in the Discussions
with your team.

Each of the two Discussions sessions each week each is worth 100 points. Your discussion grade for the
course is the average of the all the discussion scores. For a detailed description of the grading criteria,
again, see Discussion Expectation below.

Finally, some students, especially those from technical or scientific backgrounds where most subject
matter has a single correct answer, complain that the points awarded for Discussions seem arbitrary or
inconsistent from week to week. To a great extent, this is a subjective class- after all, there are no right or
wrong answers here but only more persuasive answers-so discussion points, at the end of the day, are
my personal (albeit educated and informed) evaluation. As you will discover, law is a lot of gray and more
gray.

That said, absolutely no student has ever complained about their final grade. If you do the work and
readings, vigorously engage in the discussions and turn in a graduate level effort for your final paper,
then you will, like all my previous students, probably have no reason to be concerned about the final
grade.

B. Discussion Expectations:

The key to effective class participation is engagement. I expect you to engage the material, your
classmates and your abilities, with vigor. The quality of an individual’s participation is more important
than the quantity. Characteristics of original and valuable discussion comments include the following:
• Comments that are clearly related to the discussion topic and to the comments of others,

• Comments that clarify and highlight the important aspects of earlier comments,

• Comments that synthesize the main components of the discussion,

• Comments that support the collective learning process of the class,

• Comments that go beyond the commonplace and bring fresh analytic perspectives.

Class sessions should be viewed as business school analogs of professional business meetings. As such,
you are expected to be well prepared for every class session. In general, a student who posts an
exceptional original discussion posting as well as a response posting(s) and cites outside research will
get the higher grade while a student who only posts a good original discussion posting but no response
posting nor outside research will get a lower grade.

At the end of the week’s discussion, I will put up a take away post in that Class Discussion folder so you
should be sure to go back and read it although we will have moved onto the next week's Discussion.

4. QUIZZES

There are 11 quizzes—1 for each assigned reading in the text. Each quiz consists of 20 questions and is
worth 100 points (5 points per question). Your quiz grade is the average of your 10 highest quiz scores
so you may choose to not take 1 of the quizzes if you wish. This system also avoids the need for make-
ups or re-takes except in unusual circumstances. The quizzes are open book. In addition, you get two
attempts at the quiz and wrong answers the first time around come back to you with feedback (including
what page to look on for the right answer) so the quizzes should not represent much of a challenge for
any of you.

5. FINAL PAPER:

For the final segment, you will have a final paper. I will post a number of various paper topics as a
cafeteria menu in the Assignments area. You are free to select any one of the listed paper topics or, if
you want to write on another topic related to a specific issue on Law in Business, let me know the topic
and, if I approve it, then that will be fine.

In structuring your paper, start with a concise statement of the issue. The paper should demonstrate
your understanding and use of tools and concepts developed in the course. It must include a one page
executive summary (which counts towards the 20-page limit). Your paper should not exceed 20 pages or
roughly 5500 words. A title page, exhibits, graphs and references do not count towards the page limit. It
is always helpful for the reader to see your sources which may include interviews or other exchanges.

You are encouraged to discuss possible paper topics early on with me by email. My philosophy on
papers is that it is a lot harder to write a short paper than a long one and you usually find the best
written material in a shorter format. That said, it is difficult to do justice to the material if your paper is
less than 15 pages.

If you would like, you may write a team paper limited to teams of no more than three students. If you
elect to do a team paper, the analysis is expected to be more in depth than a single student paper
meaning that the page limit can go up to 35 pages with a minimum limit of 25 pages. If you elect to form
a team and do a team paper, then each student on the team gets the same grade for the paper. I will not
differentiate between team members so, just as on the Question 1 Discussions, if you form a team and
one of your members is a slacker, you have to work it out amongst yourselves. I will not intervene. Again,
if this sounds a lot like what happens in real life, that is the point.

DUE DATES FOR THREADED DISCUSSIONS AND QUIZZES

You will find the due dates listed in the syllabus and in the course calendar. Your first due date is Sunday,
September 16th at midnight and covers pages 723 to 795 in the textbook. Generally, the schedule is that
you read the assigned chapters, watch the video lecture take the corresponding quizzes and participate
in the discussions for each of the 11 units of the course. The quizzes and discussion are all due on the
same date and time which is always a Sunday night at midnight. Again (with the exception of this first
week because of when class officially starts but is open earlier for preview), you get two full weekends.

OVERVIEW:

Like traditional on-campus classes, not all online classes are run the same. Whether you're new to online
classes or not, I'd like to give you an idea of how I set up my class and what you can expect in an online
environment. First, if you're new to online classes, take some time to familiarize yourself with how the
software works. Once you get used to it, it's pretty straightforward, but like anything else that is new,
expect some trial and error at the beginning. Second, I use threaded discussions (not chat rooms--so we
don't need to schedule times we're all online) as a way of holding class discussions. Each unit of the
course has a threaded discussions where I post a question or topic and ask for your response, comments,
questions etc. I look for consistent, thoughtful participation (including asking good questions) that
demonstrates that you are following what is going on and responding not only to my postings, but also
to those of your fellow students. The discussions consist of smaller discussion groups to make this more
manageable for you to read, follow, and respond to your classmates. Things to avoid in threaded
discussions—not posting until just before the deadline; persistently posting comments once per
discussion and then disappearing until the next discussion (particularly if you are regularly the first or
last to comment) and posting comments after the closing date of the discussion. Think of the discussions
as a conversation that you are having with me and your classmates. You are not really in the
conversation if you only speak up once. Just like there are deadlines for papers, there are closing dates
on the discussions as we proceed to the next topic.

It is my practice to respond to phone calls and e-mail messages within 24 business hours. I don't always
make that, but I do most of the time. I check what's going on in the course most every day (Monday
through Friday). I know that some of you will do most or all of your work (including posting your
contributions to threaded discussions) over the weekend. That's fine. If I am going to be out of town and
unable to access the Internet, I will let you know. This doesn't happen often. If you leave a message by
phone, please speak slowly so I can catch your name and phone number the first time. If you are not on
EST, please let me know what time zone you're in so I can take that into account in returning your call. If
you prefer face to face, I am also available for video calls by Skype. (See my contact information above
and how to access my online calendar to make an “office hour” appointment)

GRADING SCALE:

93+ = A
90-92 = A-

88-89 = B+

83-87 = B

80-82 = B-

78-79 = C+

73-77 = C

70-72 = C-

Less than 68=F

STUDENTS ENTITLED TO ACCOMMODATIONS:

If you are registered with one of the units on campus that entitles you to course-related
accommodations, please get in touch with me as early as possible in the course. Early notice eliminates
most obstacles to my ability to provide accommodations in a timely manner.

ACADEMIC DISHONESTY:

Original work is required. This means you may not have others write any of your assignments. You also
may not assist others in this behavior. If you choose to research beyond the texts provided, you must
appropriately reference your sources. If you have any questions about the use of outside sources, please
make an appointment to discuss this with me. If you have anyone, whether it be a friend, teammate or
tutor etc., type, edit or review your work before it is submitted, you must make note of this. Cheating,
copying, failure to reference sources and failure to inform me of editing assistance from others on
written assignments can result in sanctions up to and including receiving a failing grade in the course.
Keep in mind that some of the best scholarly work builds upon the ideas of others by refuting or refining
prior thinking on an issue. It is just essential to properly reference the source and not to plagiarize. With
regard to academic honesty, all University policies and procedures, rights and responsibilities apply.

Any case of alleged academic dishonesty believed to have occurred in this course will be pursued in
accordance with applicable university policies. You can see the graduate student academic honest policy
at: http://www.umass.edu/gradschool/handbook/univ_policies_regulations_a.htm.

RESPECT:

An important line exists between challenging an idea and challenging the person who expresses that
idea. We should treat each other with dignity and respect. Conflicting views will create dynamic
discussions and help each of us refine our thinking. However, personal attacks whether express or subtle
will stifle communication. Let us work together to think and speak critically of ideas and not of each
other.

FLEXIBILITY:

This syllabus is a guide. I will make reasonable efforts to communicate to you any material changes to
this guide. However, please keep in mind that changes, additions and deletions may be made without
notice.
IMPORTANCE OF THIS SYLLABUS:

It is your responsibility to know every aspect of this syllabus. I assume that you are aware of the
schedule and will be prepared accordingly. While, from time to time I may provide reminders, it is your
responsibility for meeting all deadlines and be completely prepared to participate efficiently and
effectively in this class. There are no excuses for missing any deadline in this syllabus.

WEEKLY ASSIGNMENTS

This schedule reflects anticipated course progress. Changes to the following assignments will be made
from time to time and will be announced in class as well as posted on Blackboard® to allow ample time
for scheduling changes in team meetings and individual schedules.

OBJECTIVES:

1. to develop an advanced theoretical and interdisciplinary understanding of the context,

scope and purpose of government regulation of business;
2. to develop a critical, analytical understanding of the role of government in comparative
economic systems;
3. to increase understanding of the domestic, international and internet ethical and legal
dimensions of business performance;
4. to develop an in-depth understanding of the impact of U.S. administrative agencies and
the federal regulatory process on business;
5. to develop an understanding of legal forms of U.S. business organizations;
6. to develop in-depth understanding about U.S. labor-management relations;
7. to increase understanding about product liability and public policy;
8. to develop an in-depth understanding of environmental protection and business
performance; and
9. to demonstrate graduate-level research, communication and collaboration skills in a
research paper(s) on a legal issue related to business.

CLASS SCHEDULE

Intro & Unit 1 -Corporations

Course opens for preview on

September 3 to September 15

Introduction

Take the time to familiarize yourself with the syllabus, purchase the textbook, and if you haven’t taken an
online class before around the course so you get an idea of how Blackboard works. The University will
actually open the class on so plenty of time before we get underway.

Make sure you look at the Welcome and Introduction in the “Getting Started and Syllabus” area.

Introduce yourself in the Classwide Discussion tab on Blackboard .

Overview-Jesse learns about Business Organizations law.

Meet Jesse Cabrell- a young entrepreneur who has invented his product “The Next Great Thing” (The
NGT) NGT is an amazing product that meets a real need in the consumer market and has opportunity
written all over it. Jesse is eager to begin his company. His father has recommended that he sit down
with attorneys from the eminent law firm of Cannon & McCoy to discuss how to get started. First topic-
what form or entity should his enterprise look like to give him liability protection but also the best
financial advantages.

Assignment:

1. Watch the introductory video lecture (script attached) (About 15 minutes)

2. Read: Business Law, 13th Ed.—Chapters 36, 37, 38, 39 and 40

3. Watch video ”Inside Job” (About 1 hour 45 minutes but well worth watching.

4. Take corresponding quizz under Exams Area

5. Join Discussion:

Two topics:

1. What form of organization should Jesse choose for NGT and why? (See Class Discussions #1 above for
guideline)

2. In this class we talked about corporations and the liability protection afforded by corporations. Should
the Boards and executives of these financial houses be held individually liable? What is the relationship
between ethical behavior and legal behavior? Goldman Sachs appears to take the position publicly that
there was nothing wrong with taking short positions against the securities it sold to clients, partly
because those positions were not substantial and partly because their clients should be presumed to be
sophisticated in financial matters. Do you agree with this view? Should their corporate structure protect
these brokers from sanctions? See Class Discussion #2 above for guideline.

Course preview opens

Class 1 officially opens Tuesday September 3

Closes Midnight Sunday September 15

Unit 2 - Intellectual Property

September 13 to September 22

Overview- Jesse leans about Intellectual Property law.

Jesse wants to protect NGT from other competitors. He sits down with Cannon & McCoy to learn about
what intellectual property protection is available for the NGT and whether it is worth getting that
protection.

Assignment:
1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 8

3. Watch Ted Talk videos ”Johanna Blakley on The Ownership of Creativity” (About 15 minutes) and
Larry Lessig on Laws that Choke Creativity (about 18 minutes)

4. Take corresponding quiz under Exams Area

5. Join Discussion:

Two topics:

1. What type of intellectual property protection should Jesse get or is it just a waste of money? Why?

2. Does intellectual property choke innovation? Should we get rid of all of it, some of it? How important
is branding and the trademark/copyright associated with brands to a company’s ability to market? In the
last class, we briefly talked about franchising. Franchises have brands. Is the systemization seen in
franchising and the trademark of a franchise brand a smart way to grow a company?

Opens Friday September 13

Closes Midnight Sunday September 22

Unit 3 - Employment Law

September 20 to September 29

Overview -Jesse learns about Employment law.

Jesse is at the point where he needs to hire people to work for NGT. A lot of what is involved with NGT is
coding although it is a physical consumer product. Jesse thinks it may be better to just have independent
contractors but he meets with Cannon & McCoy to learn about employment law.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 34 and 35

3. Watch video ”WalMart-The High Cost of Low Prices” (About 1 hour 30 minutes). This video used to be
freely available for streaming but Walmart has done a good job limiting its availability so I have posted
the only links I can find where it is still free with the tradeoff that the video quality is not the best. You
can also obtain it for a rental of $4.99 for seven days at Amazon.

4. Take corresponding quiz under Exams Area

5. Join Discussion:
Two topics:

1. Should Jesse hire employees or should he just go with independent contractors? How about
outsourcing his coding overseas? Why? If he hires employees what employment practices and
documents should he institute? If he goes with contract people what should he do to protect NGT?

2. What about WalMart’s employment practices? Are they legal? Are they fair? Could Walmart give its
shareholders the investment return it does if its employment practices were different or if its employees
were unionized? Is Walmart discriminatory?

Opens Friday September 20

Closes Midnight Sunday September 29

Unit 4 - Property Law

September 27 to October 6

Overview- Jesse learns about Property law.

Jesse and NGT are growing. His parents have told him that they want their garage back and Jesse now
needs to lease some commercial space. He meets with Cannon & McCoy to find out what is involved
with being a tenant.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 49

3. Watch videos ”Kelo vs. City of New London” (About 10 minutes) and “Justice John Roberts on
Eminent Domain”. (About 8 minutes)

A caveat-most of this video is John Robert’s comments but the end is a blurb from an old film urging
people to get mad and was put together by Ron Paul. Unfortunately, it is the only video I can find with
Justice Roberts full comments and is not an endorsement of Ron Paul. You can stop it when you get to
the end of Justice Robert’s comments.

4. Take corresponding quiz under Exams Area

5. Join Discussion:

Two topics:

1.What terms should Jesse and NGT look for in his lease? Can he escape having to give a personal
guarantee? If not, what can be done to minimize Jesse’s individual exposure? What if NGT needs to
expand? What can we build into the lease terms to allow for that?

2.Was the court right in Kelo? Is there any real difference between eminent domain to clean up blighted
property and eminent domain to increase tax revenue?
Opens Friday September 27

Closes midnight Sunday October 6

Unit 5 -Contract Law

October 4 to October 13

BE ADVISED THAT THIS SECTION HAS HEAVY READING SO PLAN AHEAD

Overview- Jesse learns about Contract law.

Jesse is at the point where he needs to get NGT manufactured and he wants to enter into a contract with
a manufacturing company he has been talking with. He has become buddies with the owners of the
manufacturing company and is pretty sure he can do a handshake deal. He comes to Cannon & McCoy to
learn about contracts law.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 11,12,13,14,15, 16, 17

3. Watch videos Ted Talk “Allan Siegel –Let’s Simplify Legal Jargon” (About 10 minutes) and “Sandra
Fisher Martins on The Right To Understand” (About 18 minutes and in Portugese with English subtitles.)

4. Take corresponding quiz under Exams Area

5. Join Discussion:

Two topics:

1. Does Jesse need a written contract or is a handshake deal good enough? If he has a contract, what
terms should Jesse and NGT look for in the contract?

2. Are contracts too complicated? Do you understand your Credit Card Agreement? Lawyers are trained
to eliminate or diminish risk for clients. One way it is thought to do that is to make written contracts very
specific and use language that has already been reviewed in court decisions. Is that the way it should
continue or should we go with “plain language”?

Opens Friday October 4

Closes Midnight Sunday October 13

Unit 6 - Contract Remedies

Opens Friday October 11

Closes Midnight Sunday October 20

Overview- Jesse learns about Contract Remedies law.

Jesse and NGT sign a contract with the manufacturer but soon disaster strikes. The NGT units are not up
to standards and NGT is getting complaints from customers. Jesse comes to Cannon & McCoy to learn
what his remedies are against the manufacturer and what liability NGT may face from disgruntled
customers and government regulators.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 18 and 19

3. Take corresponding quiz under Exams Area

4. Join Discussion:

One topic:

1. What should Jesse and NGT do about the manufacturers’ failure to perform? Should they sue? Should
they negotiate? What kind of damages should NGT get if any? How about those customers? How should
they respond to them?

Opens Friday October 11

Closes Sunday Midnight October 20

Unit 7- Criminal (White Collar) Law and Bankruptcy Law

October 18 to October 27

Overview- Jesse learns about Criminal law in business and Bankruptcy law.

Things continue to go bad. Jesse comes to Cannon & McCoy with the sad tale of how the NGT
bookkeeper has stolen a lot of company money. Cannon & McCoy talk to Jesse about white collar crime.
As the extent of the fraud becomes clear they also talk about Bankruptcy law.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 10, Chapter 29, 30 and 31

3. Take corresponding quiz under Exams Area.

5. Join Discussion:

One topic:
1. What should Jesse and NGT do about the bookkeeper? Should they have had insurance for this kind of
thing? Should they sue or is the publicity a bad thing? If bankruptcy is a possibility, how should NGT get
ready for it?

Opens Friday October 18

Closes Sunday Midnight October 27

Unit 8 Products Liability and Tort Law

October 25 to November 3

Overview- Jesse learns about Products Liability law.

More bad news. Jesse comes to Cannon & McCoy after learning that a women using NGT while it was
charging has been electrocuted when she handled the NGT product with wet hands. Cannon & McCoy
talk to Jesse about product liability.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 6, Chapter 7 and Chapter 23

3. Watch video “Is Justice Being Served? McDonalds and Hot Coffee” Watch video "Is Justice Being
Served? McDonalds and Hot Coffee". It can be found in NetFlix and Amazon. Let me know if either of
those are not available to you but, if you have them, that would be the best quality way to see this video.
If you have a Netflix account, it is part of your subscription. Amazon has it as a Once Click rental for three
days for $2.99. There is also a You Tube link I have posted if you are outside the United States.

It is about 90 minutes long and covers a lot more than just the McDonalds hot coffee case but gives a
very good insight into the tort system in this country.

4. Take corresponding quiz under Exams Area

5. Join Discussion: Two topics:

1. What possible damages do Jesse and NGT face from this tort and product liability situation? What
defenses do they have? How should they handle the public relations?

2. After watching the Hot Coffee film think about these questions:
Is the story one-sided? Who should pay the cost? A party who was negligent, coercive, erroneous,
or fraudulent, or the person who was harmed through those actions? The tort system is designed
to create incentive for safer systems and actions. What incentive is there to address problems
without these damages? Are big businesses "buying" judicial races? Have you ever had
disagreements with your insurance company, your cable company your bank, or your cell phone
carrier? What should your options be when they try to add on fees, change your contract, or
otherwise wrong you?
Opens Friday October 25

Closes Sunday Midnight November 3

Unit 9 - Agency Law

November 1 to November 10

Overview- Jesse learns about Agency law.

Things have turned around. NGT has a new manufacturer and sales are growing. Jesse wants to hire an
outside sales force and comes to Cannon & McCoy talk about third party agency law.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 32 and Chapter 33

3. Take corresponding quiz under Exams Area

4. Join Discussion:

One topic:

1. Should Jesse hire the outside sales force and what should be in the terms of the contract with an
outside sales force?

Opens Friday November 1

Closes Sunday November 10

Unit 10 -Ethics

November 8 to November 17

Overview- Jesse learns about ethics in the law.

A representative of the outside sales force comes to NGT with a “shady” but lucrative deal. Jesse comes
to Cannon & McCoy to talk about it and about business ethics.

Assignment:
1. Watch the video lecture (script attached)

2. Read: Business Law, Chapter 5

3. Watch video “ENRON-Smartest Guys in the Room”.

4. Take corresponding quiz under Exams Area

5. Join Discussion: Two topics:

1. Should Jesse and NGT engage in the “shady” deal? What is the balance between a completely ethical
deal and a “grayer” deal? Should the potential income make a difference in deciding whether or not to
go with a “grayer” deal?

2. Questions for you to consider in your discussion on Enron and ethics: What led to the collapse of
Enron under Lay and Skilling? How did the top leadership at Enron undermine the foundational values of
the Enron Code of Ethics? Given Kenneth Lay’s and Jeff Skilling’s operating beliefs and the Enron Code of
Ethics, what expectations regarding ethical decisions and actions should Enron’s employees reasonably
have had? How did Enron’s corporate culture promote unethical decisions and actions? How did the
investment banking community contribute to the ethical collapse of Enron?

Opens Friday November 8

Closes Sunday Midnight November 17

Unit 11 –International Business Law

November 15 to November 24

Overview - Jesse learns about International Business law.

The head of the outside sales force comes and tells Jesse that they have a solid lead and can get NGT
into the market in China. This will be NGT’s first foray into an overseas market. Jesse comes to Cannon &
McCoy to talk about what is involved with doing business overseas.

Assignment:

1. Watch the video lecture (script attached)

2. Read: Business Law, Chapters 24

3. Take corresponding quiz under Exams Area

4 Join Discussion: One topic:

1. Should Jesse and NGT take their business overseas? What do they need to be mindful of? How can
they protect their contract rights and their intellectual property? Is the market potential worth the risk
from piracy? What should they do if faced with the dilemma of engaging in a customary business
practice overseas which may be construed as illegal in the United States?
Opens Friday November 15

Closes Sunday Midnight November 24

November 24 to December 2 -University Thanksgiving Break-No Classes

Unit 12

December 2 to December 11

No discussions or lectures. Workshop sessions to prepare your final paper.

One final question:

How can I make the class better? If you could weigh in on this topic found in the Classwide Discussions
tab on the left hand nav bar, I would appreciate it. Besides, if you do, you get to find out who Jesse really
is and what he really does. (No-it is not NGT but it is a pretty interesting start up.)

Opens Monday December 2

Closes Wednesday December 11

Final Paper due Midnight Wednesday December 11 by submission through Safe Assign. (See
Assignments tab in Blackboard and video on how to submit on Safe Assign.)