BUS 404 Final Exam Latest Update - Actual Exam from Credible Sources with Questions and Verified Correct Answers Golden Ticket to Guaranteed A+ Verified by Professor
Accredited Investors - CORRECT ANSWER: Investment companies (venture
capitalists), individuals with $200k annual income, individuals with $1 million net worth, executive officers and company directors (founder's stock)
Bud Light vs. Miller Light - CORRECT ANSWER: Facts: Bud light advertised Miller Light as containing Corn Syrup. Miller light used corn syrup in fermentation process and listed in ingredients list.Rule: FTC Act prohibits "unfair and deceptive trade practices"2 tests:1. False or likely to mislead a reasonable conumer2. Material to the consumer's decision making Application: Not false, Miller Light literally has corn syrup listed on the ingredients list.
CA's "ABC" Test - CORRECT ANSWER: - Worker is free from company's control and direction
- Worker performs tasks outside the company's usual course of business
- Worker is customarily engaged in an independent business or occupation in the same
field
California v Uber - CORRECT ANSWER: Facts: California wants Uber works to be classified as employees, huge impact on Uber's business structure.
Rule: California ABC Test
Application: - worker's can select which jobs they want to take
- Uber a "software" company, not a driving company
- Drivers can operate with Lyft and other driving services as well
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Coleman v Retina Consultants - CORRECT ANSWER: Facts: Software designer for Eye doctorBuilt program combining medical records, image storage, and billingNon-compete for any Atlanta Eye doctor for one year Rule: Non-compete:ActivityGeographyTime Application: Not valid in California, doesn't fit in sale of business or agreement between partnersValid in Atlantic, reasonable geography (Atlanta), Activity (software design for eye doctor, and Time (only one year)
Consumer Protection (FTC legal test) - CORRECT ANSWER: Rule: FTC Act prohibits "unfair and deceptive trade practices"
Test (2 factor): 1.False or likely to mislead a reasonable consumer
2.Material to the consumer's decision making
Crowdfunding - CORRECT ANSWER: - Small contributions, from many people
- No ownership in company, simply rewards or pre-purchases
- Historically, large private investments from some people (rule 506)
Dirk v SEC 1983 - CORRECT ANSWER: Facts: Raymond Dirks: securities analyst at NY brokerage, client of Ronald Secrist Secrist: reveals to Dirks that fraud took place, Dirks spoke with current employees to investigate, tells clients to sell, WSJ writes story, Dirks tells research to SEC Rule: Tipper liability:-Breached fiduciary duty-Received benefitTippee liability:-Tipper liable-Tippee knew Tipper should have know of breach in fiduciary duty-Tippee should have know of Tipper's benefit Application: Secrist didn't breach fiduciary duty, shared info to expose fraudSecrist received no benefitTippee can therefor not be liable
Ruling: Tipper (Secrist) and Tippee (Dirks) not liable
Disparate impact: defendant's case - CORRECT ANSWER: Prove that the policy is: job related and consistent with business necessity
Disparate impact: plaintiff's case - CORRECT ANSWER: - identify specific employment practice or policy that discriminate on protected class
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