Categories
Legal Issues

What information might the attorneys want to seek from the opposing parties at the frcp 26(f) meet and confer conference?

P​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​lease read the below instructions and complete the assignment. I have uploaded some resources material and attached links. If you feel you need additional resources use as many as you feel you need. If you have any questions please let me know.
Read the hypothetical below and answer the questions that follow. Review the Unit 2 resources and conduct further research as needed. Please limit each answer to one paragraph and utilize size 12 font, doubled spaced. Your document should be no more than 3-4 pages. APA and MLA formatting is not necessary, but please put your name, course name, and date at the top of the document on the first page only. If you use acronyms, be sure to spell out the term initially [ex: electronically stored information (ESI)]. If you cite an FRCP rule, please cite the rule number and subsection. Submit the document in Word or PDF format to the Assignment area for Unit 2.
A key company employee leaves to go work for a competitor. The key employee entered into a binding nonsolicitation agreement with the company as a condition of his employment, and that agreement lasts for one year after termination for any reason. A few weeks after he starts with the competitor, the company begins losing its long-term customers to the competitor and believes the key employee may be soliciting them to leave. The company decides to sue the competitor and former employee for unfair and deceptive trade practices and misuse of trade secrets (and intellectual property).
What information might the attorneys want to seek from the opposing parties at the FRCP 26(f) meet and confer conference? (Note: we are not asking for “evidence” at this stage.)
When considering Rul​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​e 34 requests, what might the attorney ask for, and how could you assist the attorney in preparing these requests? Consider the EDRM model (Links to an external site.) to organize your thoughts and planning on this topic.
In response to our Rule 34 request to produce, the opposing side states they do not save email longer than 24 hours after it has been read. What rule might protect them from turning over data that was purged, and under what circumstances might the same rule be used against them? Feel free to elaborate and assume facts (so long as those facts are explained).
Describe the attorneys’ obligations under Rule 11, generally, as it relates to this lawsuit.
Assume the attorneys want to allege the competitor hired the key employee specifically to lure away those customers, but they have no evidence of that (yet). With regard to the attorneys’ ethical obligations, discuss the distinction between an allegation to be proven during discovery and a “frivolous” claim.
EDRM Model

EDRM Model


Federal Rules of Civil Procedure (Read rules 11, 16, 26, 34, 37, & 45): https://www.uscourts.gov/sites/default/files/civil-rules-procedure-dec2017_0.pdf
Read “eDiscovery Cases That Defined 2018” found here:
https://www.logikcull.com/blog/the-most-important-ediscovery-cases-of-2018 (Links to an external site.)
Abuse of discretion regarding forensic imaging: https://www.ediscoverylaw.com/2008/06/sixth-circuit-finds-demonstrable-abuse-of-discretion-in-trial-courts-order-requiring-forensic-imaging-of-state-owned-and-privately-owned-computers-by-plaintiffs-computer-expert-with-assistance-from/ (Links to an ex​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ternal site.)

Categories
Legal Issues

O overall governance structure of uc berkeley and its relationship to legal frameworks discussed in the paper

H​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ello, I need a paper reviewing legal framework of the topics in the outline below for the University of California, Berkeley. This paper should include a description of what the university does (policy) in reference to each area in the outline and evaluation of how well the universities policies fits within the legal framework of the topics discussed. Where appropriate, possibly including any suggestions for improvement. But not required.
Now this is very important. This paper must be in APA 7 NOT APA 6. APA 7 has been the U.S. university standard since 2018 and I do not have time to make the corrections from APA6 to APA7. APA7 is what I need. Following the included outline please do not paraphrase everything, some paraphrasing is ok and also please include direct quotes and other direct examples. Since this paper is about UC Berkeley. I would expect to see some sources from the university. Also please do not use other reference sources outside of the United States, use only quality college level legal sources that a U.S. college student could access such as ProQuest, EBSCO, ERIC, and/or other quality websites, webpages, articles, ect.. I will be checking every internet web address on the reference page. I have paid for 8 pages but if you can deliver a quality paper using less pages with the appropriate number of sources, of​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ course not including the reference pages, that’s ok too. I realize these are detailed instructions that is why I chose 7 days for a deadline. Please contact me if you have any questions. I appreciate your hard work. Thank you.
Here is the outline:
1. Introduction
• Explanation a brief history of UC Berkeley and how you will be assessing the institution.
• A summary of your findings that will be explained in the body of the paper.
2. Body (include both description and evaluation of the following)
o Overall governance structure of UC Berkeley and its relationship to legal frameworks discussed in the paper
o California State and federal law considerations.
• An overview of general employee / employer legal issues that arise in the context of higher education.
o Employees
o Collective bargaining / issues, impacts
o California State laws / at-will, contractual relationships.
o Duties of the employees (employee liability, tort)
• Faculty
o Collective bargaining / issues, impacts
o Rights to employment (tenure, etc.)
o Due process considerations / progressive discipline
• Students
o Student / university relationships
o Post admission student-university legal issues
o on-campus support services provided / duty of care
3. Conclusion
• Summarize the major points expressed in intr​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​oduction / body

Categories
Legal Issues

S​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ources: https://www.homeaffairs.gov.au/foi/files/2020/fa-

S​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ources:
https://www.homeaffairs.gov.au/foi/files/2020/fa-190900112-r1-document-2-released.PDF
htt​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ps://www.aat.gov.au/AAT/media/AAT/Files/Documents/MRD-Commentary-Cancellations.pdf
Migration Act​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​s

Categories
Legal Issues

A​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ssessment 2: Essay Weighting: 50% of the total grade for

A​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ssessment 2: Essay
Weighting: 50% of the total grade for this course
Due date: Week 9
Rationale
Dealing with competing problems is a common experience when working with consumers. What they want and what they might need can raise dilemmas for the health worker. Understanding and meeting a client’s rights may conflict with legal and ethical requirements.
The ability to understand a dilemma and decide on strategies needs to be considered in light of legal requirements, ethical standards, and policies. There are consequences for failing to fulfil duty of care, conform to legislation requirements, and for not addressing actual and potential situations that put the client at risk. Understanding these concepts means the health worker can make a conscious and professionally sound choice about what steps to take.
The use of an essay demonstrates that you are able to analyse and synthesise scholarly information in relation to a scenario.
Assessment description
You will write a 2000-word formal, academic essay based on the work you have done in the course to this point.
You will explain and describe the legal and ethical considerations related to a scenario in Aged Care. You will need to draw on the relevant legislation, case law, and literature to support your response. You must refer to specific aspects of the scenario to exemplify your argument.
Your essay must include references to appropriate academic sources (e.g. peer-reviewed journal article, academic books) to support your assertions. The quality as well as the quantity of sources will be taken into consideration. You must use the UniSA Harvard Referencing system for in-text referen​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ces and your reference list for ALL material which are not your own. This includes academic references, quality primary sources e.g. Government websites, images apart from your own, and online articles.
When considering references for your answers, you may use the course readings, but are also expected to research information more widely and refer to additional literature. Remember that in many instances the online resources provided in the weekly materials, are for teaching and illustrative purposes, so it is expected that you use scholarly publications for your assessments rather than reference these sources.
The assessment will require you to discuss the implication of working in a highly regulated and dynamic environment and the implications of ethical decision making for community health. You will also need to describe scope of practice for community health workers.
Scenario
You are a health care worker, employed by a health care provider, to provide home care support to Kenneth who is 84 years old, and lives with his son. While providing home care support you witness Kenneth being attacked by his son. Kenneth was hit in the chest, causing him to fall back into his chair, then hit over the ear, before his son picked up a magazine and threw it violently onto Kenneth’s lap. When you went to Kenneth, you saw red marks and on his chest, old bruises. Kenneth says that he doesn’t want you to report what has happened. Kenneth has no mental impairment nor does he suffer confusion.
NOTE: Referencing is only worth 10% of your grade but inadequate referencing can be a breach of academic integrity and lead to an academic integrity review of your asse​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​ssment.