Overview The second part of the final project for this course is the creation of a memorandum. Legal situations arise frequently in everyday business practice, but the assessment of the key issues is not always clear.

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MBA 610 Final Project Part II Guidelines and Rubric

Overview The second part of the final project for this course is the creation of a memorandum. Legal situations arise frequently in everyday business practice, but the assessment of the key issues is not always clear. A working understanding of essential business law concepts is critical for the successful navigation of complex and diverse business environments. Successfully addressing real-world situations will sharpen your skills in spotting issues, identifying vulnerabilities that you may face as a member of the corporate world, and becoming more sensitive to legal dilemmas that commonly arise in business. For your two-part summative assessment, you will be preparing two professional business memorandums related to the application of business law in specific hypothetical scenarios. For Final Project Part II, you will prepare a five-page professional memorandum for your supervisor in a hypothetical U.S. corporation that is considering doing business overseas. Your findings and critical assessment of the cases will help shape the approach of corporate stakeholders to the legal matters raised, including each company’s response to each situation. The project is divided into one milestone, which will be submitted before Final Project Part II to scaffold learning and ensure quality final submissions. This milestone will be submitted in Module Seven. The final submission for Final Project Part II will be submitted in Module Ten. In this assignment, you will demonstrate your mastery of the following course outcomes:

 Assess the impact of business law on organizational decision making for informing strategic legal decisions

 Analyze pertinent facts of business client cases by effectively employing foundational law principles

 Select key legislation and legal precedents that impact client cases for informing legal decisions

 Assess the impact of public perception on companies in legal situations for informing business practices

 Assess the legal and ethical implications of United States companies doing business abroad for informing business decisions that are compliant with applicable domestic laws

Prompt For the second part of your summative assessment, you will assume the role of an employee at a fictional company and prepare an executive memo pertaining to the legal and ethical implications of a company doing business internationally. Scenario You are working for a major U.S. corporation that wants to expand its reach globally and has narrowed the search to either Mexico or Japan. Your supervisor has asked you to prepare a memo that analyzes potential compliance issues with respect to aspects of law and ethics that are specific to one of the two countries. You will choose to prepare your memo for either Mexico or Japan and address the critical elements below. This will help inform the final executive decision.

Because you have some fluency with domestic laws, and given your background and history with the corporation, you have been asked to assess the pros and cons of the decision, and to provide your insights with respect to the ethical and legal implications of the expansion. Specifically, the following critical elements must be addressed:

I. What pertinent aspects of U.S. law should the company be aware of in its goal to do business internationally? II. Assess the legal implications of moving business abroad specific to your chosen country. What are the advantages and disadvantages?

III. What are the ethical implications involved in this business decision? IV. Explain how other domestic companies have managed to comply with the U.S. laws related to this business decision in the past. How did these

companies address potential compliance issues?

Milestones Milestone One: Outline of Memorandum In Module Seven, you will submit an outline of your memorandum highlighting the following concepts: What pertinent aspects of U.S. law should the company be aware of in its goal to do business internationally? Assess the legal implications of moving business abroad specific to your chosen country. What are the advantages and disadvantages of such a move? What are the ethical implications involved in this business decision? Explain how other domestic companies have managed to comply with the U.S. laws related to this business decision in the past. How did these companies address potential compliance issues? This milestone is graded with the Final Project Part II Milestone One Rubric. Final Submission: Memorandum In Module Ten, you will submit your completed memorandum. It should be a complete, polished artifact containing all of the critical elements of the final product. It should reflect the incorporation of feedback gained throughout the course. This submission will be graded using the Final Project Part II Rubric (below).

Deliverables Milestone Deliverable Module Due Grading

One Outline of Memorandum Seven Graded separately; Final Project Part II Milestone One Rubric

Final Submission: Memorandum Ten Graded separately; Final Project Part II Rubric

Final Project Part II Rubric Guidelines for Submission: Your professional business memorandum should adhere to the following formatting requirements: 5 pages (not including title and reference pages), double-spaced, using 12-point Times New Roman font, and one-inch margins. You should use current APA style guidelines for your citations and reference list. Generally speaking, the best memos include references to at least two cases for each point of law that is mentioned. Students also earn high marks when they cite cases that appear to support a different legal resolution than the one presented by the student, and then distinguishing that case from the scenario described in this assignment. Such distinctions demonstrate exemplary understanding of the course materials. Critical Elements Exemplary (100%) Proficient (90%) Needs Improvement (70%) Not Evident (0%) Value

Aspects of U.S. Law

Meets “Proficient” criteria and demonstrates a nuanced understanding of the aspects of U.S. laws pertinent to doing business internationally

Analyzes the aspects of U.S. law appropriate for company’s goal to do business internationally

Analyzes aspects of U.S. law for company’s goal to do business internationally, but with gaps in accuracy or detail

Does not analyze the aspects of U.S. law appropriate for company’s goal to do business internationally

23

Legal Implications

Meets “Proficient” criteria and shows keen insight into the legal implications associated with doing business in a different country

Logically assesses legal implications of moving business abroad specific to the chosen country, differentiating their advantages and disadvantages

Assesses legal implications of moving business abroad specific to the chosen country, differentiating their advantages and disadvantages, but with gaps in logic or detail

Does not assess legal implications of moving business abroad specific to the chosen country

23

Ethical Implications

Meets “Proficient” criteria and shows keen insight into the ethical implications associated with doing business internationally

Logically assesses the ethical implications involved in this business decision

Assesses the ethical implications involved in this business decision, but with gaps in logic or detail

Does not assess the ethical implications involved in this business decision

23

Comply

Meets “Proficient” criteria and demonstrates a nuanced understanding of how business decisions with international implications are informed by compliance

Accurately explains how domestic companies complied with U.S. laws related to business decision

Explains how domestic companies complied with U.S. laws related to business decision, but with gaps in accuracy or detail

Does not explain how domestic companies complied with U.S. laws related to business decision

23

Articulation of Response

Submission is free of errors related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy-to-read format

Submission has no major errors related to citations, grammar, spelling, syntax, or organization

Submission has major errors related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas

Submission has critical errors related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas

8

Total 100%

Feedback

94.5 / 100

A

Student:

Good completion of the first step in your Final Project, part II.

The second part of the final project for this course is the creation of a memorandum Final Project Part II which you will submit in Module Ten. At that point you will assume the role of an employee at a fictional company and prepare an executive memo pertaining to the legal and ethical implications of your hypothetical company you already discussed in your outline. Remember that you will earn high marks when you cite cases that appear to support a different legal resolution than the one that you presented.

 It is important that you carefully review provided feedback and implement suggestions and comments in your final paper. Please review enclosed grade rubric for further information

Best regards, AP

Aspects of U.S. Law:

Good  summary and overview of the issues. You address  some of the U.S. laws  concerning  doing  business internationally. Well done.

Ethical Implications:

Well done! You outline the ethical implications involved in this  business decision and provide good base for your analysis

Comply:

Your outline  should include examples of domestic companies which  have addressed potential compliance issues

Articulation of Response:

Well done. Submission includes good citations, syntax and good organization.

Memorandum

The world today is very competitive and major companies need work towards expansion into several countries around the world. It is important to identify the best country that the company can get into with little complication. The country chosen needs to be analyzed in aspects of the law as well as ethics. The executive memo will look at the ethical and legal issues that are there when considering doing business in Mexico. The company’s expansion into Mexico would bring in more revenue even though several factors need to be considered. The outline looks at all these aspects.

1. What pertinent aspects of U.S. law should the company be aware of in its goal to do business internationally?

There are various aspects of the US law that the company must consider before making the decision to do business internationally especially with Mexico. The first thing that one has to consider is the list with the Treasury Departments’ Office of Foreign Assets Control (OFAC). The department has a list as per federal law of countries which companies based in the United States cannot do business with (Cove, 2006). The list is continuously being updated based on several geo-political factors. The United States Export Administration Act of 1979 also needs to be considered because it has a restriction on the technology and goods that are to be exported (McAdams, 2015). The Act provides that a company cannot export goods and services which will harm the national security of the country. The company also needs to consider the fact that any takeover, merger, or acquisition that could lead to foreign control of a company that operates in the US needs to be reviewed by the Committee on Foreign Investment in the United States (CFIUS). The Committee needs to approve any move that is made that would lead to loss of control to a foreigner. Butters v. Vance (2000) is a case where this was affirmed.

The court ruled that CFIUS is a committee which is duly authorized to review transactions that could result in control of any US business by a foreign individual or country. The CFIUS determines whether such transactions can undermine national security.

2. Assess the legal implications of moving business abroad specific to your chose country. What are the advantages and disadvantages?

There are various advantages of doing business abroad in Mexico. The first advantage is that there are cheaper labor costs because of few laws governing employment. The second advantage is that trade that takes place between Mexico and the United States does not have any custom delays as is the case with other countries as per the trade laws that are there. There is also an advantage of the United States being close neighbors with Mexico hence movement is easier. The final advantage is that the labor force in Mexico continues to grow a several companies outsource their manufacturing there. There are also some benefits to the company when it comes to employment laws and what is owed to the employees. The employers in Mexico, for example, do not pay for certain benefits such as disability, unemployment, and sick leave. These benefits are covered by the social security mechanism in the country and the employer does not pay the employees these benefits. The government in Mexico has set up laws and policies to ensure that outsourcing here is easier and that there are higher levels of education (Cox-Edwards, 2009).

There are other legal implications for the company that one has to consider when going to do their business in Mexico.

One of the things that one has to consider before they are recognized as a legal entity is to decide the corporate personality that the company is going to take. The legal personality is the one which determines the recognition from both federal and local governments in Mexico.

The company can decide to either taken the form of a limited liability stock corporation (Sociedad Anonima) or Limited Liability Partnership. The company must decide which form it will take as it goes into business in Mexico. There are several local legal requirements that the company needs to abide to before its protected and recognized by the Mexican government. The company in addition must present approval from the ministry of foreign relations as well as the National Commission of Foreign Investments.

There are, however, some disadvantages when looking at operations in Mexico. There is the likelihood of losing control on the business when it goes to a foreign country and increases its size. It is also likely that consumers will perceive the goods as being of worse quality when from a foreign country. Corruption is also a major problem in Mexico. A foreign business will have to pay a lot of money to civil servants, police, and organized criminal gangs. Whatever one saves on things like permits when operating in the United States might be lost through the payment of bribes. There are also several paramilitary criminal operations in Mexico. There is a lot of violence in some areas which makes some of them failed states. A company can be forced to hire private security for its infrastructure otherwise there would be loss of goods and disruption of operations.

The final disadvantage that one might face while operating in Mexico is the political uncertainty that is there. The businesses go through periods of uncertainty in terms of tariffs and taxes. The legal implications of taking operations to Mexico can, therefore, be largely unforeseen,

2. What are the ethical implications involved in this business decision?

There is a likelihood of facing a lot of public scrutiny as well as bad media if the outsourcing is happening at a time when there is high unemployment in the United States. It is a common belief that US companies should keep the business within its borders. There will be a lot of negative views because of the loss of employment issue. Mexico is a country which has a lot of people who are willing to put in hard work for a better economic situation for themselves and their families. Doing business also can lead to loss of brand value and damage the reputation of the company. There are some parts of Mexico that can be regarded as war zones. There are notorious gangs which infringe on several rights of the people and business can only be done by liaising with them. The company may be compromised ethically by working close with such gangs associated with several violations of the rights of people. There are also some maquiladoras which are known for restricting on the personal liberty of their employees. The company culture might be destroyed when working hand in hand with some of these organizations in the form of partners as well as suppliers. There are also some business models that can be taken which do not promote freedom, peace, and prosperity.

3. Explain how other domestic companies have managed to comply with the U.S. laws related to this business decision in the past. How did these companies address potential compliance issues?

There are various strategies that companies have used to ensure compliance when operating in Mexico. The first thing that most businesses have done is to have their attorneys in the United States register as legal consultants to a legal team in Mexico.

The registration is important to ensure that the legal partner is in touch the ones in Mexico because US attorneys are not allowed to operate in Mexico.

Several companies have also had comprehensive insurance to ensure they are protected in case of any damage or accidents. The companies that have gone to operate abroad have also drafted a code of conduct to ensure that all legal and ethical issues are laid out during the expansion abroad.

References Cove, B. P. (2006). Treasury department’s office of foreign assets control proposes new enforcement guidelines for banks. The Secured Lender, 62(2), 12 Cox-Edwards, A., & Rodríguez-Oreggia, E. (2009). Remittances and labor force participation in Mexico: An analysis using propensity score matching. World Development, 37(5), 1004-1014 Lavey, W. G. (2009). New regulations for the committee on foreign investment in the united states – disclosures of cyber security plans and dealings with sanctioned countries remain uncertain. Business Law International. McAdams, T., Neslund, N., Zucker, K. & Neslund, K. (2015). Law, business, and society. New York, NY: McGraw-Hill Education.