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New York Institute of Technology

SchoolofManagement

Instructorsinformation
Name: Joshua E. Bienstock, Esq.
E-mail: jbiensto@nyit.edu
Website: http://DRINY1234.0rg
Office Hours: Tuesdays: 11:00 A.M. to 1:00 P.M.; Wisser Room 313
Courseinformation
Term: Spring 2015 Date of syllabus: January, 2015
Course number and section:LLAW-110-1 Credits: 3.00
Course title: Legal Environment of Business
Meeting times: Tuesday and Thursdays: 9:30 A.M.-10:50 A.M. Rubin Hall Room 310
Prerequisites and co-requisites: None
Course description: This course examines the legal and ethical environment of domestic and
international business including contracts, agency and intellectual property and analyzes
the regulatory environment including employment law, consumer law and antitrust.
Course goals and objectives: In addition to acquiring knowledge of the law of contracts,
agency,intellectualproperty,employmentlaw,consumerlawandantitrust,studentswillbe
able to analyze the facts of a case, utilize appropriate technology to research the law,
demonstrateeffectivewritingskillsinabrief,recognizetheethicalandlegalimplications
involvedindoingbusinessinforeigncountriesandwillbeabletoresearchandanalyze
Federallawsthataffectbusiness.
Attendancepolicy
Studentsarepermittedamaximumofthreeabsences.Twolatearrivalsequaloneabsence.
Withdrawalpolicy
Studentsmaywithdrawbeforetheninthweekofthesemesterandreceivethegrade"W".After
theeighthweek,studentsmaywithdrawwiththegrade"W"onlyiftheyarepassingatthattime
andreceivepermissiontowithdraw
Policyformakeupexamsandmissedorlateassignments
Makeupexaminationswillbegivenonthefinalclassmeetingonlytothosestudentswith
medicalexamsandatthediscretionoftheinstructor.
Lateassignmentswillincurapenaltyasnoextensionsoftimeareavailable
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AcademicIntegrityandPlagiarismpolicies

Plagiarism is the appropriation of all or part of someone elses works (such as but
not limited to writing, coding, programs, images, etc.) and offering it as ones own.
Cheating is using false pretenses, tricks, devices, artifices or deception to obtain
credit on an examination or in a college course. If a faculty member determines
that a student has committed academic dishonesty by plagiarism, cheating or in
any other manner, the faculty member has the academic right to 1) fail the student
for the paper, assignment, project and/or exam, and/or 2) fail the student for the
course and/or 3) bring the student up on disciplinary charges, pursuant to Article VI,
Academic Conduct Proceedings, of the Student Code of Conduct. The complete
Academic Integrity
Policy may be found on various NYIT Web pages, including: http://nyit.edu/about/
Administration /academic affairs/academics/resources faculty.html
Each student enrolled in a course at NYIT agrees that, by taking such course, he or
she consents to the submission of all required papers for textual similarity review to
any commercial service engaged by NYIT to detect plagiarism. Each student also
agrees that all papers submitted to any such service may be included as source
documents in the services database, solely for the purpose of detecting plagiarism
of such papers.

Otherpolicies
USEOFCELLPHONESINCLASSISPROHIBITED.Pleaseturnoffyourcellphone
beforetheclasscommences.DONOTHAVEACELLPHONEWITHYOUWHENAN
EXAMISADMINISTERED.
Required texts:
1.Clarkson/Miller/Jentz/Cross:BusinessLaw13thEditionSouthWestern,CengageLearning
ReferenceResources;
www.epa.gov
www.usdoj.gov
http://firstgov.gov
www.uspto.gov
www.copyright.gov
www.eco.gov/index.html
Descriptionofassignments:
Studentswillbeexpectedtoreadallchaptersassignedpriortoeachclassmeeting.
Additionally,studentsmustbepreparedtoanswerallcomprehensivequestionsandhomework
questionsintheLearningManual..
CommencingwithChapter34studentsmustbepreparedtoidentifyallTermsandConceptsat
theendofeachchapter.
2

Examinations:Amidtermandfinalexaminationwillbeadministered.

PLEASENOTECAREFULLYTHEFOLLOWINGSCHEDULEOFDATESOF
ASSIGNMENTS;Noextensionsoftimeareavailableandnorewritesarepossiblewithout
penalty.However,ifyousubmitadraftatleast12dayspriortotheduedateofany
assignment,Ishallbehappytoreviewitforsubstance,analysisandclarityandwillreturn
ittoyouwithsuggestions.
February19WRITTENHOMEWORKASSIGNMENTisdue
StudentsmustdiscusstheForeignCorruptPracticesAct,identifyitsmain
provisionsandrecommendwaysinwhichAmericanbusinessescan
complywith itsethicalstandardsandcompetesuccessfullyinforeigncountries.
Theoverallgradewillbebasedon(1)demonstrationofcomprehensionoftheActanditsimpact
onafirm'sglobalcompetitiveness;(2)analysisofthedifferenceinethicalperspectives;(3)
clarityofwriting.
March26WRITTEN BRIEFS are due
Students must choose 1 case from a list of cases involving
contractual issues and write a Brief on
behalf of plaintiff or defendant.

The overall grade will be based on three scores: (1) quality of writing; (2)
quality of research (you must cite at least one external source, other than
your textbook, that guided your analysis); (3) depth of analysis and legal
reasoning.
April 21 - In preparation for the ORAL TEAM PRESENTATION on May57(See below), each student must submit a draft which analyzes the law that
he will be presenting and how it may impact the business plan. It will be
returned with suggestions and corrections to assist in preparing the final
team presentation.
May57ORALTEAMPRESENTATIONSaredueEachteamwillconsistoffourstudents
whowillbeassignedtoselectabusinessventurethattheteamwouldliketoengageinandmust
identifyandexplainfour(4)lawsthatwillimpactupontheoperationofthatbusiness.Every
memberoftheteamwillanalyze,researchandorallypresenthis/heranalysis,researchand
recommendationswithrespecttotheparticularlawidentified.
Theoverallgradewillbebasedon:(1)Clarityoftheoralcommunication;(2)qualityofthe
research;(3)depthofanalysis(4)effectivenessoftheteamasillustratedbythechoiceand
analysisoftheissues.
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GRADING FORMULA
Team Oral Presentation
30%
Written Brief
20%
Graded Homework Assignment
10%
Midterm Examination
20%
Final Examination
20%
Total
100%
Week

Topical Class Schedule


Week

Wk 1

Wk 2

Wk 3

Topics
Introduction to Law and Legal Reasoning
Business Activities and the Legal Environment
Sources of American Laws
Classifications of Law
Courts and Alternative Dispute Resolution
Alternative Dispute Resolution
Ethics
International Law in a Global Economy
International Law
International Dispute Resolution
Class Discussion - FCPA
Criminal Law
Tort Law
Negligence
Intentional Tort
Intellectual Property and Internet Law
Trademarks
Cybermarks
Patents
Copyrights
Trade Secrets
International Protection for Intellectual Property
Social Media and Privacy

Contracts and E-Contracts


An Overview of Contract Law
Elements of a Contract
Types of Contracts
Quasi Contracts
Interpretation of Contracts
Agreement in Traditional and E-Contract
Agreement

Resources

Chapters 1, 2, 5 and
24

Chapters 6, 8, 9 and
10

Chapters 11, 12 and


13

Agreement in E-Contracts
Uniform Electronic Transactions Act
International Treaties Affecting E-Contracts
Consideration
Elements of Consideration
Adequacy of Consideration
Agreements that lack Consideration

Wk 4

Wk 5

Wk 6

Wk 7
Wk 8

Capacity and Legality


Contractual Capacity
Legality
Mistakes, Fraud and Voluntary Consent
Fraudulent Misrepresentation
Undue influence
Duress
Adhesion Contracts and Unconscionability
Statute of Frauds-Writing Requirement and
Electronic Records
The Origins of the Statute of Frauds
Contracts that Fall Within the Statute of Frauds
Sufficiency of the Writing
The Parol Evidence Rule
The Statute of Frauds in the International
Context
Third Party Rights
Assignments and Delegations
Third Party Beneficiaries
Performance and Discharge in Traditional and EContracts
Conditions
Discharge by Performance
Discharge by Agreement
Discharge by Operation of Law
Breach of Contract and Remedies
Damages
Equitable Remedies
Recovery Based on Quasi Contract
Election of Remedies
Waiver of Breach
Contract Provisions Limiting Remedies
Review for First Examination & First Examination
Agency Formation and Duties
Agency Relationships
Formation of the Agency Relationship
Duties of Agents and Principals
Rights and Remedies of Agents and Principals
Agency Liability and Termination
Scope of Agent's Authority
Liability for Contracts

Chapters 14 and 15

Chapters 16 and 17

Chapters 18 and 19

Chapters 32 and 33

Liability for Torts and Crimes


Termination of an Agency

Wk 9

Wk 10

Wk 11

Wk 12

Wk 13

Wk 14

Employment, Immigration and Labor Law


Employment at Will
Wage and Hour Laws
Layoffs
Family and Medical Leave
Worker Health and Safety
Income Security
Employee Privacy Rights
Immigration Law
Labor Unions
Employment Discrimination
Title VII of the Civil Rights act of 1964
Discrimination Based on Age
Discrimination Based on Disability
Defenses to Employment Discrimination
Affirmative Action
Team Oral Presentations
Administrative Law
The Practical Significance of Administrative Law
Agency Creation and Powers
The Administrative Procedure Act
Judicial Deference to Agency Decisions
Enforcement and Adjudication
Public Accountability
Consumer Law
Deceptive Advertising
Labeling and Packaging Laws
Sales
Credit Protection
Environmental Law
Common Law Actions
Federal, State and Local Regulations
Air Pollution
Water Pollution
Toxic Chemicals
Hazardous Wastes
Antitrust Law
Sherman Anti Trust Act
Section1 of the Sherman Act

Chapters 34 and 35

Chapter 43

Chapter 44

Chapter 45

Chapter 46

Wk 15

Clayton Act
Enforcement and Exemptions
U.S. Antitrust Laws in the Global Context
Final Examination

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