Specifically,the following critical elements must be addressed:
I. Memo Introduction: Articulate what you feel are the strengths of your company’s legal claim or defense.
II. Client’s Case
A. Facts and Laws
1. Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective.
2. Analyze the facts related to contract issues based on your company’s perspective.
3. Identify the operative employment and contract laws that apply to your company’s case.
B. Precedent
1. Select cases that support your company’s position in terms of employment discrimination or unlawful termination. Justify why they support its case.
2. Select cases that support your company’s 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 company’s 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 company’s 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 company’s 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.
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