Hello,
Here are the instructions for this assignment:
Sally
has won the Michelin Award two years in a row. The Michelin is awarded
to those ambitious chefs and restaurants for their culinary excellence.
It’s the most prestigious international award presented to qualified
establishments. The Michelin Guide has led the world in food and
restaurant inspections. To be honored with a Michelin Star denotes the
benchmark for excellence. Sally has joined the competition for her third
Michelin Star which is awarded to only the best restaurants.
Restaurants with three Michelin Stars are classified in the Michelin
guide as “exceptional cuisine, worthy of a special journey.†A two
Michelin Star classification denotes “excellent cuisine worth a detour.â€
One Michelin Star simply says “very good cuisine in its category.â€
Sally is set on winning the third Michelin Star and has been working on
the one and only qualification – “Perfection.â€
So, as CEO of the
business, you agree that she should pursue her goal and pursue the third
Michelin Star. Your job is to support that goal. As CEO, you are
determined to restructure the company’s quality and popularity. You also
want the added benefit of streamlining the company’s operations in
order to increase profit margins. The restaurant you and Sally started
is heading into its third year of operation. Out of the other restaurant
operations you and Sally now have, this original site is the leading
income producer. It is also consuming the majority of all available
resources.
With this new direction comes other issues that have been put on your plate to resolve.
Access the Breach of Contract section to continue.
Breach of Contract
Sally, on behalf of the company, entered into a Contract with XOfil Corp. for the fulfillment of 200 computer servers. The servers are designed to perform critical functions in support of Sally’s invention that coordinates the restaurant billing, tableside cuisine ordering, interactive social networking, and the development and generation of customer lists and through her app, “APPetite.â€
The servers were to be loaded with “Original Manufactures Equipment (OME)†that included the OAnetX advanced computer chip. The computer chip was designed to emulate the speed and performance of a supercomputer. The computer chip’s capacity and speed ranges around 200 quadrillion (200 with 15 zeros) calculation per second. Sally ordered the chip in order to increase the speed of the integration functions. If properly programmed, it would reduce the amount of back-end support required to function in real-time. The system requires restaurant staff to be tethered to the servers and wear a VR System that allows staff to multitask and interact with kitchen staff and meal delivery. The system is designed to interact and recall customer desires and make instant changes to culinary orders resulting in reduced errors. Customers have access to tableside VR’s and can view the chef preparing meals in the kitchen.
It was discovered that 50% of the delivered servers were built in a Chinese factory under contract with OAnetX; the contract specified that the chips used were to be manufactured in the USA. The Chinese factory has a US factory that is certified by the chip developer. The chips were preassembled in China and shipped to the US factory for finishing. There was a recent news report that indicated that certain computer products were hacked by the Chinese government, which added a device that allowed their spy agency to use the products as a corporate spying tool to steal intellectual property from companies that used the products.
Access the Ethics section to continue.
Ethics
The Maître d’ established a system in the restaurant where all tips would be banked collectively and divided among all employees equally. There have been some complaints recently that this may be a violation of the employee handbook since it states that every employee will be treated fairly in both the conditions of employment and compensation for a fair day’s work. Employees were aware that the Maître d’s tips were not shared with the rest of the employees, and he did not share their tips. He did, however, accept tips from the wait staff because of certain arrangements he made with them to place special customers in their section. Several employees have begun to research the issues to advise their coworkers of a course of action.
Access the Employment Law section to continue.
Employment Law
Several restaurant employees recently complained about having eye strain, dizzy spells, nausea and loss of sleep. Some have speculated that it is a result of the use of Sally’s app.
A few employees, after attending their traditional after-work wind-down cocktail daily debriefing, have fainted in the parking lot on their way to catch their Uber ride. After a 12 hour day, it had become somewhat of a tradition for employees to meet up across the street before heading home for a few and laughs.
The restaurant’s Maître d’ has an appointment today with you. Since you are the CEO, he wants to discuss some terms and conditions of his employment. He believes that his work is undervalued, in terms of recognition and salary. Under his employment agreement, his terms and conditions have been capped for the last three years at the current market level for top restaurants. He claims this treatment is in violation of his employment agreement. The Maître d’ reminds you that he assisted in the design of Sally’s app. Sally acquired the rights to the app from the Maître d’ under a separate contract that is currently still in effect. The Maître d’ is originally from California where he designed the app and signed an employment contract and IP agreement.
What are the potential issues the restaurant now faces? As with many corporations, the restaurant potentially faces a number of legal issues that ultimately could or already have ended up in court. As CEO, you have scheduled a meeting with Sally to discuss your options.
Access the Issues to Consider section to continue.
Issues to Consider
Does the Maître d’ have any claims against the restaurant? If so, list potential claims.
Does it make any difference if the employment agreement is a work for hire, jointly owned, or acquisition of intellectual property? Describe the difference between the three and the effect on the intellectual property.
Consider whether the app was created and developed prior to or after employment agreements. Does the Maître d’ control the rights to the app regardless of when he invented it? Does it make a difference if he signed an agreement that transferred ownership over to Sally? Think about the impact of an invention that is sold prior to registration with the Patent Office.
Access the Your Submission section to continue.
Your Submission
Instructions:
- Based on the information in this case study, use the IRAC Form (DOCX) to list, analyze, and organize all issues. Explain your answers.
- Provide the following information for Sally’s review:
- Who are the potential parties for each issue you list?
- Itemize each issue and what the parties would seek as a resolution to the issue.
- Are the parties seeking legal remedies or equitable remedies?
- What source of law is applicable?
- What are your recommendations to Sally as to how to resolve the issues? Explain why you believe it would resolve the issue.
- What federal or state agencies potentially could be involved if complaints are filed? List each agency and the legal area that has jurisdiction over these issues.
I am also attaching the IRAC Form
- Thanks
