You will complete a short, informal, research
Your role is as follows:
You are the contract administrator for the Company that hired PR guy. Having been legally trained, you are asked by the Company’s in-house counsel assess the likelihood of succeeding with the challenge of the forum by conducting preliminary research. You do not need to be prepared to litigate it yourself, but you do want to be confident that there is enough of a chance of winning on the procedural issues to justify the cost so you can report back to counsel whether hiring outside counsel is wise.
Issue: Whose law will apply, and to what result.
Company hires a freelance PR guy to do some “posting” and press releases to generate “buzz.”
The PR guy, who lives in MA, has the company sign a contract that gives a forum selection clause for Massachusetts. The Company is located in South Carolina. The contract specifies that the PR and “buzz” generating efforts are to go on for six months. Payment is made in company stock, which the PR guy immediately sells in order to perform the contract, by hiring local MA promoters who do the press releases. When the contract is all but completed, the company president contacts the PR guy and tells him that his efforts are not generating enough interest in the company, and so he demands a refund of his company stock or an equivalent amount of cash. The PR guy refuses. The company sues the PR guy in state court in South Carolina, for “fraud in the inducement of the contract” saying that the PR guy uttered falsehoods when he described his own promotion company to the company. Your supervising attorney believes state law in South Carolina does not favor enforcement of forum selection clauses from out of state, so the PR guy attempts to remove the South Carolina state court case to federal court in South Carolina. The PR guy sues the corporation in state court in Massachusetts, relying on the Massachusetts long arm statute for a breach of contract claim, and the company then attempts to remove that case to federal court in Massachusetts. In what court should this matter be tried, and how will it get there?
As you do your research, start by writing out your issue statement(s). Do some preplanning. The 5Ws are helpful for analyzing the problem before starting the research proper.
Near the end, write a few sentences that apply your client’s fact situation with the law that you find and how you might advise your client or how you would justify your recommendation to hire or not hire outside counsel to pursue the issue.
Your recommendation will need to be backed up with key legal authorities to be most effective.
1. This is a valid contract.
Analyzes Questions Presented Breaks down the questions, into issues and sub-issues. Clearly reviews each sub issue in detail. Research Journaling Research can easily be recreated from documentation, the analysis could be repurposed with reasonable effort into another project such as a brief, citations are in the required format, detailed and thoughtful reflection on the process and future performance is included. Recommendation is fully supported by research, logic, and takes into consideration any relevant legal, strategic, ethical, and economic factors. Applies legal authority and reasoning to legal, strategic, ethical, and economic factors Student stated the correct rule of law.
Clear application of rule of law to legal, strategic, ethical, and economic factors. Succinct discussion of how the rule of law would be applied. Coherent and succinct synthesis of the relevant legal authority to social, political, and economic issue Research primary and secondary legal authority Correctly identifies problem along with all reasonable nuances and analogous concepts, Cites to all major binding law in the jurisdiction, adds all relevant interpretation from appellate and trial level courts, and includes relevant and useful to auricular question’s point of view, decisions from outside the jurisdiction where appropriate (due to the lack of binding pronouncements in the jurisdiction in question.), updates key primary sources with a cite checker to make sure they are still valid, takes the most cost effective route of research.
You need to demonstrate ability to distinguish, analyze, and synthesize between relevant and irrelevant law.
Full and complete citations, following Directions,
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