Choose a legal issue that was the subject of a lecture/ reading (Contract Law ) , and prepare a 750-850 word research paper that examines its practical impact on a multinational business (for example, an international contract law lawsuit; the valuation of the intellectual property portfolio of a pharma giant; an employment law dispute over workplace discrimination). Ensure you include discussion of the following required elements: Your thesis: introduce and close your paper with an insightful conclusion you have reached based on your research. Legal context: state clearly which specific legal issue you will discuss (for example, contracts, workplace discrimination, trade law, or immigration). Business relevance: the business context in which you will discuss this issue (for example, a specific lawsuit; a decision by a judicial body such as the World Trade Organization; or a legal campaign by a civil society group such as Human Rights Watch, Global March Against Child Labor, or the World Wide Fund for Nature). Legal analysis: which laws were alleged to have been broken? In which country was the case heard? Which court(s) ruled on the case? Business analysis of the legal issues involved: revenues affected, costs from the legal action and business outcome. Other business issues: for example, public relations concerns, impact on employees, community impact in the places where the company operates, and any other issues you think relevant. Continuing challenges: what ongoing issues does your chosen company face and what potential solutions can you identify? Corporate contract law dispute. For example, Baily, A. (2021, April 10). Walmart ordered to pay $115 million for breach of contract, stealing trade secrets. ArkansasTimes.com
Employment laws surrounding workplace sexual harassment have had a tremendous practical impact on multinational businesses in recent years. This is due to the fact that such laws are designed to protect employees from discrimination or mistreatment based on their gender and also provide legal recourse if an employee feels that they were wrongfully treated. As such, these regulations can be seen as not only having economic implications for businesses but also ethical ones as well (Sobolewska, 2016).
For example, the case of EEOC v. Fox News Network illustrates how costly litigation over workplace sexual harassment allegations can be for a company. In this instance, Fox was sued by the Equal Employment Opportunity Commission (EEOC) after reports emerged of widespread sexual misconduct within its organization. This resulted in lawsuit which eventually cost them $20 million dollars (Kneip & Salvo, 2017). Such cases demonstrate the financial risks associated with failing to take appropriate action when confronting instances of alleged harassment.
Moreover, more recently courts have started to recognize non-economic damages such as pain and suffering resulting from workplace sexual harassment (Chan et al., 2019 ). This has opened up potential avenues for legal action against businesses who fail to properly address these issues. Therefore it is clear that employment laws regarding workplace sexual harassment are not only necessary but also have an undeniable practical impact upon multinational companies.
ion: A judicial process in which the disputing parties arrange for a neutral third party to decide the dispute for them. It is conducted under the provisions of the Arbitration Act 1996. The arbitration process can range from informal to formal, and the parties have some choice about the process. However it is still a legal process the parties present their cases and the arbitrator will make a decision on the issues. The decision is legally binding, with only a few rights of appeal against it.
Informal to formal, and the parties have some choice about the process
Litigation: When party or parties against each other take steps that may lead to a court trial and ultimately a resolution of the matter. Sometimes this could be the last option but could allow costs to be reimbursed and could allow for a successful completion if handled quickly (such as an out of court agreement between parties).
Recommendations: The important factor with dispute resolution is how the Project team (Client, Service provider, contractor and sub-contractors) are integrated at the start of this project. By this I mean the right procurement in the form of an Alliance agreement based on collaboration, shared resources and goals, and culture managed from the leadership down, to understand and trust in the team’s decisions and outcomes. Adjudication has particular relevance in the construction industry commonly used within NEC3 type contracts, and would be a relevant starting point.
Contracts can provide agreed dispute resolution procedures involving mediation, adjudication and arbitration and potentially a combination of all three with obligations to negotiate in good faith, potentially managed by dispute resolution boards, with partnering meetings to discuss obligations set out in the contract.
So why collaborate, and what can it do for all parties involved? The main need comes from restrictive budgets and the need to share resources, be it staff, contractors or local authority/ private sector combined buying power, but also to become more efficient a particular government driver. A good starting point is required from the outset in the procurement model, and may need to address cultural differences between parties, and how this can be embedded into a workable relationship.
With this project we could develop partnerships which many organisations such as Client, University of Brighton, Brighton and Hove City Council, Local Communities, Local interest groups (Cycle or e