Posted: May 7th, 2022

Legislation
Institutional Title
Pupil Title
Course
Date

Memo
To: Fred and Sally
Date: eight/2/2020
Topic: Restarting the enterprise
Pricey Fred and Sally,
I’m deeply sorry for the unlucky occasions which have occurred to your small business and am right here to guarantee you I’ll do my greatest for your small business to regain stability and begin mass manufacturing instantly.
Authorized protection
Regarding the checks written by Jane to Don, we will argue in court docket that Jane knowingly cast your signatures in an purpose to defraud the corporate funds. Furthermore, we may additional strengthen the case by hiring a handwriting analyst who can show the truth that Jane cast the signatures on the checks. Nonetheless, whereas in court docket the difficulty of negligence will come up the place the court docket must entry whether or not on account of negligence of the precept homeowners concerning the funds of the corporate may need contributed to Jane forging checks and defrauding the corporate. Nonetheless, each of you Fred and Sally must be able to reply questions concerning how Jane may have carried out the entire forgeries whereas each of you held the signatory energy for the company accounts therefore the court docket may attempt to shift the blame to each of them as they had been negligent of their enterprise operations. Additionally, Don, the mortgage shark may very well be held accountable due to cashing in checks which he may need know the place cast; nonetheless, he continued accepting them. The case additionally may very well be strengthened by the truth that mortgage sharks have been identified to follow unlawful actions to accumulate their a reimbursement; therefore Don accepting the solid checks is just not new to the court docket. Once more, Don may very well be charged with civil claims as he was instrumental to the forgery of the checks within the firm by accepting and cashing within the checks it made him an confederate to the crime and offers each of Fred and Sally an choice to sue him additionally for aiding forgery. Furthermore, the act of forgery is unlawful in all fifty states within the nation which carry penalties reminiscent of jail time or restitution. I imagine we can purchase again efficiently. Jane stole the quantity via her forging of the corporate checks.
Examine to the church
The cash given to the church might be rapidly recovered once we current the case of forgery on the test which Jane made out to money which introduced to the church it raises concern concerning the legitimacy of the cash. Furthermore, regarding the church buildings involvement within the forgery its extremely doubtable as a result of church buildings are amongst establishments that are thought of to be holders-in –due-course which many of the occasions they obtain forgery checks out of goodwill therefore it’s not honest to position them responsible for any crime dedicated as a result of felony actions of the get together presenting the test to them. Nonetheless, the church might dishonour the test whereas on the identical time not dishonour the get together who introduced forth the test as acknowledged by the UCC[3-501(b)(3)] legislation. Moreover, I strongly imagine we’ll efficiently have the ability to get better all the cash acquired by the church as a result of cast checks.

Civil Claims

With reference to bringing forth civil claims of forgery on the actions of Jane, it will be applicable. It’s as a result of solely each of you had the authority to have signatories to the company account which was damaged by Jane who illegally wrote checks and had no authority to the company accounts. Nonetheless, each of you need to be able to reply questions on how Jane was capable of simply forge checks with out your data whilst you two held the signatory authority of the company accounts which the accused can argue that as a result of negligence she was capable of forge the checks. Therefore, the acts of forging dedicated by Jane must be charged and prosecuted by the court docket. Nonetheless, this shall be made doable should you each monitor the month-to-month expenditures of the corporate and assessment all of the checks written to 3rd get together entities to facilitate the operations of the corporate. It will give us sufficient proof on the quite a few cast checks Jane has signed with none authorized obligation from each you to serve her personal pursuits, reminiscent of sending checks to Don. Moreover, Don may face any civil authorized case introduced in opposition to him via the forgery case as he straight supported the act carried out by Jane via defrauding the corporate’s funds. Nonetheless, Don may argue that he was not conscious of Jane’s actions in the direction of defrauding the corporate therefore requires correct analysis of the transactions carried out by Jane to test the varied checks she made to Don whether or not they handed via authorized channels. Additionally, I do imagine we will win the forgery case as a result of we can have had sufficient substantial proof from the unlawful transactions dedicated by Jane whereas she labored within the firm.

Types of Chapter
There solely two types of chapter within the above case examine, which embrace chapter seven and chapter 13 chapter. Furthermore, via the authorized system, it may be interpreted that there is no such thing as a distinction between the principal homeowners of the corporate and different homeowners which entails people within the firm who’ve debt might be charged. Additionally, it states that each one his/her properties might be taken and act as compensation as acknowledged in chapter seven however might be exempted if authorized legal guidelines appear match to delay the method (Loren & Reese, 2019). Using chapter seven is just not applicable to your present state of affairs and would solely enhance the monetary challenges you will want to face particularly in repaying the loans taken by the company for enlargement of its operations.Nonetheless, chapter 13 states that the accused is just not required to challenge out their wealth via compensation except the accused has taken greater than 5 years to repay the mortgage. Therefore, the perfect explanation for motion could be to make use of Chapter 13 bankruptcies as a result of the corporate property won’t be taken and provides Fred time to clear his money owed.

Implications of Chapter

The implication of chapter will rely totally on the chapter of chapter filed by the accused. We see if the Fred issued information via chapter seven, he/she is just not thought of because the principal proprietor of the enterprise and shall be considered different homeowners. Therefore, it outcomes to the accused properties not exempted from any authorized continuing; therefore they are often seen as compensation in the direction of the chapter trustee which entails promoting all the things even the equipment within the firm resulting in the eventual closure of the enterprise. Nonetheless, if Fred information for Chapter 13, no property that belong to him shall be taken and presumed as property to pay for compensation (Jamali, 2017). The filed chapter offers Fred time to pay his mortgage the place he’s giving as much as 5 years to repay therefore giving Fred legal responsibility to develop the enterprise whereas on the identical time guarantee he can nonetheless repay the mortgage which has been collected as a result of forgery undertaken by Jane. Fred shall be required to make month-to-month repayments in an purpose to clear the debt whereas on the identical time, proceed the operations of the enterprise. Nonetheless, the success of chapter 13 is very dependant on the substantial proof of malpractice dedicated to them by an worker reminiscent of Jane via the forgery of checks, which led the corporate into onerous monetary occasions.
Authorized recourse
The one authorized recourse Fred has in opposition to bob could be the violation of the commerce secret. We see Bob has been capable of reverse engineer the cough syrup developed by Fred and publicized it to the remainder of the businesses out of revenge and never as an purpose to Help in discovery. Fred ought to argue that Bob infringed confidential info by disclosing the knowledge to the general public. Nonetheless, as soon as the file the case as an infringement of mental rights it offers us little defence to carry Bob accountable for his actions because the act solely limits Bob from mass-producing the syrup however doesn’t shield the best for discovery which Bob will base his defence within the court docket. Additionally, the infringement case solely protects the proprietor from different people profiting from his/her mental property via manipulation of the formulation which isn’t the case as Bob solely reversed engineered the syrup and posted the outcomes on-line which might be seen as discovery by the court docket. I strongly imagine we shall be unsuccessful as a result of there is no such thing as a proof of a violation of mental rights by Bob in the direction of Fred.

Please let me know in case you have another questions.
Greatest,
Your lawyer

References
Jamali, H. R. (2017). Copyright compliance and infringement in ResearchGate full-text journal articles. Scientometrics, 112(1), 241-254.
Loren, L. P., & Reese, A. (2019). Proving Infringement: Burdens of Proof in Copyright Infringement Litigation. Lewis & Clark L. Rev., 23, 621.

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