Reference no: EM131505367

In this exercise, you will complete a short, informal, research journal. Why a journal? We are often interrupted or delayed in our research. Knowing where you are at in the research and why is important. You are also documenting research possibilities that you have eliminated in case you receive questions about those possibilities. A well-kept research journal makes writing a memorandum or brief easier.

Finally, from an educational perceptive, a journal allows you to reflect on your research style to get the most out of the learning process. Remember to document your process, essentially "thinking out loud" as I cannot give credit by inferring what you did, only by what you document.

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.

Fact pattern:

Issue: Whose law will apply, and to what result.

Company hires a freelance PR guy to do some nationwide "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, incorporated, and operates primarily 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 (which was worth $75,001 on the date of contract and is worth $50,000 now) 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, keep a journal of all steps that you take. Start by writing out your issue statement(s). Do some preplanning. The 5Ws are helpful for analyzing the problem before starting the research proper. Be sure to include in your journal information on any secondary sources that you use (hint: in these problems, like in most legal research, you will find good leads in many secondary sources). Show your reader what you were thinking as you did your research, simply attaching a Westlaw Trail report only will NOT satisfy this assignment.

If using an online database, record what services you use and what databases and queries you tried (include both successful and unsuccessful queries!)

In both situations, assume that you are doing preliminary research. Do not research this as if you are taking the results to trial, but come to a point where you could advise your client. Thus, while you are not doing exhaustive research, the basic steps needed for confidently presenting current research must be followed.

Near the end of your Journal, write a few sentences that apply your client's fact situation with the law that you find and how you would justifiy 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.

Assumptions:

1. This is a valid contract.

2. You do not have to evaluate the merits of the actual case, just the merits of the procedural issues.

Finally, comment briefly on the process. Having completed the exercise, what would you have done differently? In this exercise or in the course generally, what information will you best be able to apply in your present or future occupation?

It is typically not necessary to spend more than five hours on this assignment