Highlights
It must be submitted by email in a PDF document, at the following address:
Instructions The paper must be typed on a computer and comply with the following requirements: Font: Times New Roman, font size 12, double spaced. Word count: The paper must not exceed 3000 words. Footnotes should be included in the word count of the main text but not the cover page (with name and title etc). Pages: Pages must be numbered, not including the cover page.
The term paper may be completed alone or in teams of up to four (4) persons of your own choice. Please include in the cover page: Your name(s); Student number/ID Name of the class Semester Title/nature of the assignment Date The term paper must comply with all other applicable department guidelines of the Williams School of Business.
2 Context
You were selected for a summer internship at the Montreal office of the prestigious law firm of Williams & Associates, LLP. Your supervisor and you meet with three (3) new prospective clients, Matthew Brown (“Matt”), Sadaf Nazari (“Sadaf”) and Marie Montourt (“Marie”), three (3) childhood friends and recent Bishop’s University graduates who wish to go into business together. Sadaf is the brains behind the operations. Holding a degree in biochemistry, she has isolated a brand-new enzyme that, when incorporated into a cream, can help treat third degree burns by effectively eating away dead skin cells and leaving all sane tissues intact. By Sadaf’s own account, so far, the product has shown great potential and works in 97 % of cases on initial tests run in her own laboratory. Adverse reactions were noted in only 1.3 % of cases. Matt is the marketing genius. Right out of school, he worked for two (2) major pharmaceutical companies and a private hospital in the United States in their sales, marketing and public relations divisions. He is the one who came up with the design and the incredible name for the product: DERMANEW. Marie is well-connected in the Montreal business world as her mother, Sophie Paradis (“Sophie”), is President of a successful venture capital fund, New Horizons Capital Ltd (“New Horizons”). She has access to many of her mother’s contacts and has her full support. She has already pitched the idea to her mother and is confident that New Horizons will invest in their business. The first stage of their business development will require to set up a laboratory and hire two (2) technicians in order to produce enough enzymes and cream product to run clinical trials. Sophie is so confident in their project, she has agreed to lease to them a space in a building she owns for an initial period of two (2) years. Because the building is vacant and for sale, she has agreed to give them a generous discount on the fair market price for this space. Ahmed Benwelah (“Ahmed”) and Grace Willoughby (“Grace”) are two trusted friends of Sadaf and qualified lab technicians looking for work that seem to be a perfect fit for the team. Ahmed is a devout Muslim who just came back from a pilgrimage to Mecca. He observes prayer time religiously. Grace suffered a terrible car accident a few years ago when she was texting and driving. She now suffers from terrible back pain and can only work standing up for period of thirty (30) minutes at a time and cannot work more than five (5) hours a day. Matt, Sadaf and Marie want your opinion on how to set up their business, protect their intellectual property, protect their liability and anticipate any legal issues that may occur within the course of business.
Your supervisor requires you to write a letter of opinion detailing:
a) What is the best way for Matt, Sadaf and Marie to organize and structure their business and clarify their relationship;
b) What they should do to protect their intellectual property and potential liability;
c) What are the legal issues they can anticipate and what they can do to avoid them, if possible; Your supervisor asks you to tailor your opinion to the situation at hand, explain your reasoning behind every advice or suggestion and refer to the applicable legislation or legal concepts when applicable.
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