Interoffice memorandum to the firm’s senior attorney. In addition the document should address the following and any others issues you may discover. 1) What happens when a government agency proposes a rule? What would you recommend Crump do in response to the EPA’s proposed rule that was published last week? 2) Should Crump make a contribution to the environmental training center? Why or why not? 3) Will Crump win the negligence lawsuit filed by McDonald? Why? 4) Should Crump file the countersuit for the blog and remarks McDonald made on TV? If yes, what type? If not, why not? 5) Are the phrases “Your’re fired & Your’e hired” considered intellectual property? If Yes, what type? If not, why not? Are there any issues with protecting these phrases in the U.S. and in foreign countries? 6) What is the status of the employment contract between Erica and Slippe, Faul & Sioux? 7) Will the noncompete provision be enforceable? Why or why not?
8) What is the status of the agreement between Crump and Slippe, Faul, & Sioux? 9) Do Holmes and Franklin have a valid contract? What are the basic requirements for contract formation? What defects in the contract formation process may have occurred?
You are currently a 3rd year law student working as a summer intern for the largest law firm in Altalantic City, NJ. Your mentor and senir attorney introduces you to a new client, Ronald Crump, the owner of Crump International, a large multinational organization with diverse busineses in real estate, construction, travel, entertainment, media and other communication networks. As the owner of the large organization, Crump is looking to your firm to handle all of his legal needs.
You learn the followng from your meetings with Crump:
The construction division recently hired a former high ranking official from the EPA to ensur environmental regulations are followed. Crump is concerned about the EPA’s proposed rule that will require the contruction division to obtain additional permits and conduct more freuent inspections. The agency published the rule in the Federal Register last week. Thes new permits will create more work and expense for Crump. The former EPA employee indicated that he knows people at the EPA who might be abe to make the proposed rule disappear in exchange for contributions to fund the newly created environmental training facility in California.
The Crump Resort in ALlentown, PA (CRAP) is being sued by Josie McDonald for premise liability (negligence) and emotional stress due to bedbug bites during her stay at CRAP. Crump maintains that his resort properties are held to the highest standards and that he inteds to file a countersuit because McDonald created a blog where she made false statements about the CRAP bing infested with bedbugs. McDonald made similar disparaging remarks to the local television station in Alentown.
Crump is famous for his reality show called “the Intern” as well as his favorite phrases “you’re fired & your’re hired”. Crump wants to make sure his phrases are proteced from use by others without permission. Crump reminds you that this protection should extend use in the US and in other countries.
Instead of working for her father, Crump’s daugher Erica applied for a position as associate attorney with the firm of Slippe, Faul & Sioux, a law firm specializing in personal injury law in Atlantic City, NJ. On Sept. 15 the firm offered Erica an employment contract for 1 year with a yearly salary of $75,000 starting on Oct. 1. The contract contained the following provisions. Erica could not be terminated during the termo of employement unless she committed an illegal act. Any disputes would be resolved using mediation selected by the law firm. Erica would not be permitted work for any law firm within a 100 mile radius of Atlantice City for 2 years after leaving the firm. Erica accepted the job and signed the contract the same day. Erica decided to keep the news secret until she retruned from vaation the following week. On Sept. 17, Crump offered to give Slippe all of his lgal business related to personal injury if the law hired Erica. Te firm accepted. When Erical told her father the news about getting the job on Sept. 15, Crump refused the transfer any legal work to the firm. The law firm filed a suit against Crump, citing the parties had a contract. When Erica showed up for work on Oct. 1, the law firm informed her that they no longer needed her services. 1 week later, Erical found another job with Tweady & Byrd, a firm specializing in entertainment law located about 5 miles from Slippe, Faul & Sioux.
Mark Holmes, a director in the real estate division, met with Ben Franklin, 80 years ole, about purchasing a large tract of land owned by Franklin in NJ. Crump International planned to bulldoze the acreage to create a new golf resort. During the meetin Holmes noticed several brochures about Alzheimer’s as well as several prescriptio bottles sitting on the table. After discussing the good old days for several hours, Holmes and Franklin agreed on the sale of the land for $1,500,000. Ainx Holmes brought a blank copy of a contract with him, he helped Franklin cmplete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $150,000. On the day before the closing, Holmes called Franklin to remind him of the location. Holmes said he didn’t know anything about selling that land and had no intentions of selling his land to some big city slicker.
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