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Author Archives: Anonymous

Attorney represents a client in a contentious contract dispu…

Attorney represents a client in a contentious contract dispute. Late one evening, she receives an email from opposing counsel that appears to be an evaluation of the case and some proposed settlement offers and arguments. The email is addressed to the opposing party, not Attorney. What must Attorney do to comply with the Model Rules? 

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Attorney has been hired by client Uther Industries, Inc., wh…

Attorney has been hired by client Uther Industries, Inc., which seeks to file suit against a former employee for violation of a covenant not to compete. Uther would also like to file a lawsuit against the competing company, Mordred, Inc., that hired the former employee and several other employees. Attorney can locate no cause of action in the governing state law that would provide relief for Uther’s claim. Attorney’s research does reveal that other states have a claim that would cover this circumstance called “tortious interference with a business relationship.” Attorney intends to argue that the state’s general tort cause of action should provide relief to parties like Uther who are harmed in the manner alleged. Attorney believes that his state should also adopt the “tortious interference with a business relationship” cause of action, but he does not believe he will prevail given the current makeup of his state’s trial and appellate courts. Attorney notifies the client who, despite the low chance of success, would like to proceed with filing. Attorney files a complaint in the appropriate trial court alleging a tort claim against Mordred that pleads all the relevant elements of a tort claim in Attorney’s state and all the elements that would satisfy a “tortious interference with a business relationship” claim in other states. Mordred files an Answer but also submits a bar complaint against Attorney for filing a frivolous action. Has Attorney violated the Model Rules?

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Attorney is a litigator licensed exclusively in State A. A l…

Attorney is a litigator licensed exclusively in State A. A long-time corporate client asks Attorney to represent the company in a complex contract dispute filed in a federal district court in State B. Attorney is not licensed in State B. Attorney immediately files a motion for admission pro hac vice with the court in State B. While the motion is still pending and before the court has issued an order, Attorney travels to State B to interview several key witnesses and review physical evidence at the client’s warehouse. Is Attorney subject to discipline?

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Attorney represents Stan, the defendant in a covenant not to…

Attorney represents Stan, the defendant in a covenant not to compete matter brought by his former employer, Fire Week Festival (FWF). During the representation, Stan confides in Attorney that he has given FWF a taste of its own medicine by filing numerous complaints with the Federal Trade Commission falsely claiming that FWF’s publications include obscenity and seditious material. Attorney is troubled by this and, in order to prevent substantial financial injury to the FWF that Stan’s acts would cause, Attorney discloses Stan’s actions to the attorney for FWF. Is Attorney subject to discipline?

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Questions about your Salesforce experience in a Retirement I…

Questions about your Salesforce experience in a Retirement Industry

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A patient reports, Sometimes I feel like I’m a robot going t…

A patient reports, Sometimes I feel like I’m a robot going through the motions

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What is the key difference between tax increment financing a…

What is the key difference between tax increment financing and a tax abatement as an economic development tool? 

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Brainstorm a SWOT analysis for Mizzou – write two of each co…

Brainstorm a SWOT analysis for Mizzou – write two of each component (strengths, weaknesses, opportunities, and threats). Based on your SWOT, what is one concrete recommendation you would share with President Choi? Explain your recommendation using at least two elements from your SWOT analysis.

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What are the main shortcomings of economic base theory? Give…

What are the main shortcomings of economic base theory? Given these limitations, do you think it still has value in economic development practice today? Explain your reasoning.  

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Why do regional commissions (such as the Appalachian Regiona…

Why do regional commissions (such as the Appalachian Regional Commission) exist in U.S. economic development policy? What types of problems are they trying to solve that individual states or local governments may struggle with on their own?

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