some questions about business law

The Examination consists of the following
types of questions:  (1) Short Answer;
(2) True/False and if false, explain why it is false; (3) Short Essay; (4)
Bonus Question. The point value of each question is designated on the sections
that contain the respective questions. 
The questions are not organized in the chronological order in which we
took the topics during our class meetings.

I have provided a variety of question formats to
allow for the various types of questions with which each of you might be more
comfortable.  This was done for your
individual and collective benefits. 

Short
Answer (I have left blanks indicating where the correct response would go in the sentence.  Just put your response at the end of the sentence.  Do not put it where the blank is.)

1. 
In the case of Global-Tech
Appliances, Inc., et al. v. SEB, SA,
131 S.Ct. 2060 (2011), which involved inducement of direct patent infringement,
the Court applied a mens rea (state
of mind) that is traditionally found in criminal law to the “knowing” state of
mind now required for inducement of patent infringement.  What is that state of mind?

2. 
With respect to the Foreign
Corrupt Practices Act (FCPA), what is the state of mind required for the
elements of making the prohibited payment directly or indirectly to a foreign
official?

3. 
In an internal investigation in
connection with the possible violations of the Foreign Corrupt Practices Act
(FCPA) an attorney conducting the investigation must advise company personnel
and witnesses who she interviews that, with respect to her role, she is the
attorney for——.

4. 
In the case of Kiobel v. Royal
Dutch Petroleum, 132 S.Ct. 1659 (2013), the Court held that the Alien Tort
Statute could apply to conduct that occurred outside of the United States only
when the evidence shows what?

5. 
There are two types of personal
jurisdiction.  What are they?

6. 
With regard to personal
jurisdiction, what are the words that the courts use to describe the test that
must be satisfied in order for the requirement of Due Process to be met?

7. 
As contrasted between mediation
and arbitration, in order to enforce arbitration, the courts must find that
there was a——between the parties in which the arbitration agreement is
contained.

8. 
As contrasted between mediation
and arbitration, a mediator does not make findings of fact or conclusions of
—-, but an arbitrator does.  What is
that difference?

9. 
If a party does not abide by an
arbitrator’s decision, the winning party may file what type of  action to enforce the arbitrator’s decision?

10. 
The DOJ (U.S. Department of Justice.) frequently uses a————when investigating a corporation for a potential
criminal offense to encourage the corporation to cooperate.  What is it that the DOJ frequently uses?

11. 
When designing a compliance and
ethics program, you must keep in mind that the Organizational Sentencing
Guidelines will result in a court evaluating that program to make sure that it
is an———program.  What is the term
used in the Sentencing Guidelines?

12. 
If a Board of Directors does
not establish a compliance and ethics program in a corporation, what fiduciary
duty has the Board breached?

13. 
A compliance and ethics program
should contain, as part of the compliance dimension, a focus on understanding
the legal rules that apply to the particular business, the risks involved, and
what it takes to comply with the law.  In
contrast, the ethics portion of any compliance and ethics program should be
—–based. 

14. 
In addition to having a
compliance and ethics program and continuous training on the program, a
compliance and ethics program must have ———–.

True/False (These questions are premised directly on matters found in your text.)

1. 
American Antitrust law does not
apply extraterritorially even if such antitrust conduct has a direct,
substantial, and reasonably foreseeable effect on U.S. commerce or on the
business of a person engaged in exporting goods from the U.S. to foreign
nations.  True/False?

2. 
Title VII (employment law
provisions regarding discrimination in employment), does not apply
extraterritorially to employees of U.S. companies abroad.  True/False?

3. 
American patent law (excluding
inducement of patent infringement) does not apply extraterritorially.  True/False?

4. 
The Foreign Corrupt Practices
Act applies only to U.S. persons and corporations and not to non-U.S.
persons.  True/False?

5. 
The Sarbanes-Oxley Act has been
held by the courts to apply extraterritorially. 
True/False?

6. 
If an employee proves a prima facie case of employment
discrimination under Title VII, the burden of production shifts to the employer
to prove a bona fide occupational qualification (BFOQ) which will be a defense
under Title VII unless the employee plaintiff proves that the alleged BFOQ is a
pretext i.e. is an unjustified and unsupported excuse advanced by the
employer.  True/False?

Shorter
Essay 

1. 
 Other than court-ordered mediation, both
mediation and arbitration should be considered to be voluntary.  Explain.

Bonus
Question 

Trust is, or at least should be, an
organizing principle in business relationships. 
Assuming that is true, does the “fairness doctrine,” which is part of
the Fiduciary Duty of Loyalty, as applied in American courts, support the
concept of trust as between a board of directors and a director who had an undisclosed conflict of interest?