Reference no: EM133509089
Assignment: Business Law
Each team should view themselves as members of a corporation, consulting company, or the like speaking to a business audience (senior management of a specific company, executives representing the industry, etc.). Thus, teams will specify their "business identity" and their audience before the presentation begins.
You will submit a legal opinion on the scenarios, including a detailed legal analysis. The minimum word amount is 501 excluding references and table of contents. In addition, each group will prepare a slides presentation that sums up their work.
Group
A. Your distributor in the UK has contacted you because they discovered that you, a s the Supplier/Manufacturer, are also selling your product in the territory assigned to them. They want to start legal action. How are you going to proceed? Will they succeed? How can this b e resolved?
B. Your company has received notification of an inspection from the Data Protection Authorities because of an EU citizen's customer complaint about not having received all the data you have stored about this customer. Now the Data Protection Authorities are requesting whether you comply with data protection. What d o you need to show?
C. Your company has been a victim of a cyber-attack because one of your employees has compromised hundreds of EU citizens' data. You have just found out about it. What is the best course of action? Also, consider your stakeholders.
D. During the distribution agreement between your company and London Distributors Ltd., both companies collaborate to create a new trademark. The London Distributors Ltd registers the trademark in the UK and uses it on communication channels, particularly social media. What are the issues here? What are the courses of action, and how can this be resolved?
E. In October 2020, you incorporated a company (Your company name) that specialised in (your chosen activity). You were the company's only members, each owning 100, equivalent to £1 per share. You were the company's only directors.
For the past six months, the company has been experiencing financial difficulties. In May 2022 , the company's overdraft with the Bank plc had reached its limit of £250,000. In return for increasing the overdraft limit to £300,000, the Bank plc demanded security and took a floating charge over all the company's assets. The business continued to struggle, and in October 2022, you were informed b y the company's auditor that insolvent liquidation was inevitable. However, you disagreed and held out hope that the company's financial prospects would improve. You decided to try and trade their way out of their financial difficulties by having a sale. Unfortunately, the sale failed to increase business, and in December 2022, your company was wound up . By this time, the company's overdraft with the Bank amounted to £290,000.
A liquidator is appointed and has discovered several disturbing facts (i) in April 2022 ; you caused the company to repay an unsecured loan of £5,000, which one o f you had made to the company some months before; (ii) in addition to the money owed to the Bank, the company owes £10,000 to the Tax authorities, £30,000 to employees in wages, and £100,000 to unsecured creditors.
The liquidator estimates that the total remaining assets of your company amount to £1 50,000. Liquid a to r's expenses in acting a s liquidator amount to £3,000. Advise the liquidator.
Because of the knowledge that you have gained in this course, you are going to discuss the following:
A. The role o f the liquidator,
B. How to best swell the pool of assets and
C. Who is entitled to those assets, and in what order?