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State Taskforce on Risk Avoidance

Assignment:    State Taskforce on Risk Avoidance
Detail:     Read the following:Imagine you are the administrative director of a new task force set up by the State of Abundance to re-program and re-task all government departments to avoid or at least minimize, some of the legal pitfalls the State may encounter in today’s litigious world.You must present to the Governor recommendations (strategies) and actions (tactics) that the State can take to achieve these goals (The Action Plan).  A plan of action is not the same as being able to summarize a topic's concepts or paraphrase its rules.  Thus, your paper should not be a summary of the applicable laws, but rather the application of your knowledge of the legal rules you have studied in this course to create an Action Plan that the State can implement in order to minimize a particular legal risk.Example 1.  You know that a mortgage (or, in most states, a deed of trust) is a document giving the lender the legal right to take a borrower's house away if the borrower fails to make payments on the loan used to by the house.  (The same would be true of a loan to by a car.) Such transactions are called secured transactions; performance is secured (guaranteed) by something other than a promise.  Is there any reason why secured transactions cannot be used to guaranty performance obligations of ordinary business transactions?  Thus, a valuable risk-avoidance strategy would be, whenever possible, to take a security interest in some business assets of a party to a contract as a guaranty for performance obligations under that contract (such as personal guarantees or deeds of trust on the business owner's house). In the event of a default in the performance, your company will have some protection or at least a fairly immediate remedy.  This is an example that illustrates risk-minimization strategies (taking security interests) and tactics (getting a guaranty or deed to trust) in contrast to simply knowing the rules of contract law.  I do not expect you to use this example when discussing minimization of contract risk; there are many other, more import methods.Example 2.  When dealing with the intellectual property assets associated with the State's services, what the State is looking for is a discussion of actions that it can take to protect its IP assets, intellectual property rules such as those for copyright registration or for patent applications.The Action Plan. While the suggestions in your Action Plan will require an understanding of the legal concepts that define the risk and may require a brief definition of the rules associated with a particular area of legal risk, it is not to be a summary of the law.  The Action Plan must focus on and be devoted primarily to presenting practical actionable solutions.  However, there are no blanket solutions such as having the State's lawyers review all company actions, company contracts, or using ADR in all disputes (which still costs time and money). Solutions are proactive tactical actions that the State can take in advance to avoid or minimize the legal risk in the first place.Write a paper of approximately 3,000 words that addresses the following issues:
Describe the actions that the State should take to minimize the legal risks related to the topics you have studied in this course
Identify the problems that can be affected by the State’s actions and the steps required to reach the desired outcomes.
Provide IRAC-type analyses showing the reasoning behind each of your recommendations
Provide a minimum of 4 references.Format – APA Format 

 

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