1. Goliath, Inc., a U.S. producer of gem-quality sapphires, set up a subsidiary holding company in the Cayman Islands (Junior, Ltd.) to control all of Goliath's non-U.S. subsidiaries. Junior then entered into a cartel agreement with producers of sapphires in those countries (other than the United States) where sapphires are found. The cartel agreement allocated markets and set prices for all sapphires sold outside of the United States. The U.S. government has now brought suit against both Goliath and Junior for violating the U.S. Sherman Antitrust Act. Goliath answers that it was not a party to the cartel agreement and that the agreement does not affect the U.S. market for sapphires. Junior answers that it is not subject to the jurisdiction of the U.S. courts. Are Goliath and Junior correct?
2. Provide a well written answer of not less than 250 words to the following. You are the legal advisor for a vacuum cleaner manufacturing company. The board of directors has sent you to State X to negotiate an investment agreement with State X's government. Describe and discuss the terms and provisions that should be included in this agreement in order to protect your company's investment.