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1 page/≈275 words
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APA
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Law
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Case Study
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English (U.S.)
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LAW CASE STUDY and 3 Questions
Case Study Instructions:
Question 1.
What are the primary factors to consider when choosing a business form?
Question2.
What are some of the important considerations in discharging an employee?
Question 3
APC, Inc., is a venture capital firm that invests in new businesses to help them grow. Wyatt Newmark owns and serves as a chef at “Earp's,” a restaurant with a Western design that he oper¬ates as a sole proprietorship. Newmark has five employees at his restaurant—three servers, another chef, and a janitor. Newmark has had great success and hopes to expand or franchise the business. Newmark, who has not even retained an attorney for his small business, has approached APC for an investment.
1. What approaches may APC take in order to invest in the restaurant, and what are the legal implications of each approach?
2. If APC takes an equity interest, the restaurant will need a new legal organizational form. What form would you recommend? Why?
3. In order to preserve the opportunity for growth and a possible franchise, what legal fil¬ings should Newmark's entity undertake?
4. What is the difference between employee status and independent-contractor status?
Case Study Sample Content Preview:
CASE STUDY ON BUSINESS LAW Name: Institution: Date: CASE STUDY ON BUSINESS LAW What are the primary factors to consider when choosing a business form? Business considerations are crucial in determining the form of the organization that an enterprise will take. This may go to the extent of balancing the numerous legal and business needs of the enterprise (Clarkson, Jentz, Cross, & Miller, 2010 pg 387). Some of the considerations in deciding the form of an enterprise include the ability to raise capital, the ability of transferring business ownership, the cut line between management and ownership, and the limited liability protection. What are some of the important considerations in discharging an employee? It is vital to consider some legal factors that may result to filing of claims by the ex-employees (Clarkson, Jentz, Cross, & Miller, 2010 pg 380). Some of the factors to consider when discharging an employee include the business or company procedures, prior warnings, necessary actions before terminating the employment and discussing with the employee before firing. What approaches may APC take in order to invest in the restaurant, and what are the legal implications of each approach? The following are some approaches that APC can use in order to invest in Newmark’s restaurant. They may include partnership and Limited Liability Corporation. In this approach all deductions and benefits are passed to members as well as partne...
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