Question 6. 6. (TCO G) The Federal Government's prosecution and eventual dissolution of the Standard Oil Trust under the 1890 Sherman Act before the Supreme Court in 1911 was the dominate example of antirust litigation in this country for almost 100 years. The only other Federal attack on a business as a dominate Monopoly to approach the importance of the Standard Oil Trust case was the United States v. Microsoft Corporation case, which was originally filed in 1999 by President Bill Clinton and his Attorney General Janet Reno. The Microsoft Case was resolved at the U.S. Circuit Court of Appeals in 2001 by President George W. Bush and Attorney General John Ashcroft. What was the basis, Federal Statute, for the original complaint against Microsoft? What was the basis of the specific complaint the Federal Government filed against Microsoft? What was the final result of the case, and the lasting impact on the software/computer industry?
Question 2. 2. (TCO I) An American Petroleum Engineer, who has been on an Offshore Nigerian Oil Platform for 30 days, enters Lagos harbor in a work boat with 15 Nigerian oil rig workers. The work boat is stopped by the Lagos Harbor Police. The Police Captain immediately spots the American and demands to see his Work Visa. The Engineer surrenders his Passport and Business Visa to the Police Captain. The Police Captain says the paperwork is not complete, and demands the Engineer jump into the Harbor Police boat to be taken to the Immigration Bureau for prosecution. The Engineer says he has a plane ticket out of Nigeria for 10:00 PM that night, and cannot afford to miss his flight. The Police Captain says, you will miss your flight unless you will give me $500 for my kids for Christmas. The Engineer says, I only have $300, and the Police Captain says that will do. The Engineer gives the Police Captain the $300, and the Captain pushes his boat away and says "Have A Nice Trip". This issue is simple, "does this payment to the Harbor Police Captain constitute a bribe under the Foreign Corrupt Practices Act"? What provisions of the FCPA cover such payments?
Question 5. 5. (TCO E) Mr. Andy Gray had been injured in a car accident 5 years ago that left him paralyzed from the waist down, and confined to a wheelchair. Mr. Gray had been a skilled electronic technician for many years prior to his injury. After 5 years of living off the damage payments he received from the auto accident and Disabled Social Security, Mr. Gray decided to go back to work. He applied to XYZ Computer Company for a job assembling their product. The problem was that XYZ relied on an assembly line to produce their product, and Mr. Gray could not access or stand at the assembly line to work on producing the computers. XYZ declined to hire Mr. Gray. Mr. Gray then filed a law suit, claiming that under the 1990 Americans With Disability Act, XYZ should be forced to abandon the assembly line operation and assemble the computers at individual cubicle work sites where someone in a wheel chair could work. The computer company's lawyer rejected this request, noting that abandonment of the assembly line would cost the company $175,000,000 to restructure, and increase their computer production cost by 30%. So, as the Judge in this case, how will you rule? What options do you have in this case?