Burger King

Week 7 Discussion

* What choices do you have in pursuing your claim for past employment benefits?

In choosing which alternative to litigation I would utilize I would determine what type of case I would like, and what type of outcome I am looking for. Many judges now encourage the increased use of these alternatives to litigation, which include (1) negotiation and settlement, (2) mediation, (3) arbitration, (4) mini-trials, (5) early neutral case evaluation, (6) private trials, (7) summary jury trials, and (8) court-annexed alternative dispute resolution.

* What are the various factors you need to consider in choosing a route to recovery?

The various factors which need to be taken into consideration are mainly time and money. While researchers would agree that ADR saves money, the estimates of cost savings vary depending on a number of factors such the exact type of case, the form of ADR used, and local conditions. Estimates of the reduction of costs of using ADR rather than litigation range from 2 percent to 50 percent of the cost of litigation.4 Second, most ADR methods are more convenient for the participants: They are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties.

* What kind of sanctions does Rule 10(b)-5 of the 1934 Act impose?

Rule 10b-5 applies to any purchase or sale, by any person, of any security. There are no exemptions: it applies to registered or unregistered securities, publicly held or closely held companies, and any kind of entity that issues securities, including federal, state, and local government securities.

* SOX

Mr. Bleakney, in fact, did commit a crime under section 6-B. Under section 6-B it states the selling of or perching of is prohibited during your time of employment for personal gain. During his time while at the company he retained insider information. The shareholders were well within their rights to file a lawsuit.