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What is one way the US legal system impacts US businesses?

How
do specific aspects of the US legal system contribute to furthering
commerce? What would happen if that characteristic were not
present in the legal system? Try to avoid discussing something
already considered by other students.
T he anti-trust laws are a significant impact upon US Business. These laws prevent
businesses from working with each other to fix prices on goods/services or to get
together so that there is no competition in that industry. If these laws were not
present, then companies could get together and control prices and artificially inflate
them instead of letting the market dictate the prices based upon supply and
demand.

What are the risks that businesses and other organizations encounter
when dealing with traditional litigation (e.g. lawsuits) and what measures
can business managers take to reduce exposure to those risks? Please use
an example to help illustrate your argument.
In the traditional litigation system businesses and other organizations
must face several risks including: 1) the expense of litigation, even if they win; 2)
the media attention from a lawsuit; 3) the uncertainty of the outcome, 4) the risk of
an adverse decision (especially if with a jury), 5) the protected nature of the case,
including potential appeal, 6) increased insurance costs if it was a covered event, 7)
more litigation surfacing as a result of facts revealed during the litigation, and 8)
encouraging others to file lawsuits, especially if there is an adverse result or large
settlement.
Business managers can reduce exposures by properly training front line
supervisors on labor employment laws, especially those dealing with workplace
discrimination, safety, and wage/hour laws. The business can also have a wellwritten employee handbook, which is understood by management and employees,
and the business can purchase insurance to cover many of the risks associated with
running a business such as employment practices liability insurance.
In addition business managers can conduct company-wide sexual harassment
training on a regular basis, have an open door policy in dealing with employee
complaints and concerns, and consider inserting mandatory arbitration clauses in
employment handbooks so that to the extent possible, employees are limited to an
arbitration forum.
Also, when litigation is threatened, the employer can consider suggesting informal
mediation as a means to resolution.

Employers can also act quickly to investigate and resolve employee


complaints, especially those arising out of claims of harassment and/or
discrimination.

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