ignment:

$$ Review the Concept Summaries and your notes from Chapters $6$ and $7$ in the textbook.

$$ Study the Stipulated Facts and Longville case law in the Simulation Exercise.

$$ Compose $3-4$ page neutral memorandum that outlines each legal issue present with a

short explanation of the applicable legal rules or doctrine. The sources of law for this

memorandum are the textbook$$s chapters on contract formation and performance $($Chaps

$6$ and $7)$ and the Longville case law.

$$ Note that you should not write as an advocate on one side or the other. Rather, you

should be as objective as possible in spotting any and all potential issues that could arise

in the case relating to contract formation, performance or enforcement of the restrictive

covenant and give the analysis as to the likelihood of success of all theories.

$$ You DO NOT need to resummarize the facts. DO NOT regurgitate the facts of the case

law. Rather apply the case law to the facts of this case. Use them as pertinent in

discussing the various issues. Remember this is a memo in favor of either side, but more

like a bench memo done for a judge who is trying to figure out how to handle the case.

Criteria for grading:

$$ Clarity of writing, grammar, document appearance;

$$ Articulation of all potential issues presented;

$$ Quality and depth of analysis.

Due Date: To be determined

Policy on Late Work: Extensions require my permission

Business Law Simulation Exercise for Managers: Contracts

Part $2$: Mediation Simulation

Introduction: In this simulation, students analyze the Stipulated Facts and Longville case law

and then work towards mediating a tenable solution to the dispute

Assignment:

$$ In addition to the Stipulated Facts in Part $1,$ assume that NA and Blackwell agreed that

they would submit to a private mediation. Assume further that the parties have agreed to

avoid any contract formation or defense issues and narrow the dispute to one single issue,

namely the enforceability of the restrictive non$-$compete covenant in the Blackwell

Employment Agreement.

$$ Review the Concept Summaries and your notes from Chapters $6$ and $7$ in the textbook.

$$ Study the Stipulated Facts and Longville case law in the Simulation Exercise.

$$ The facts and cases should be read with the goal of understanding the differences and

similarities between the court cases and the stipulated facts in the Neurological

Associates v$.$ Blackwell case so that groups can work towards a resolution that achieves

the primary objectives of both parties.

$$ You should attempt to re$-$draft a more detailed and enforceable restrictive covenant that

achieves, as best as possible, the objectives of each party: For NA$,$ the protection of their

legitimately protectible interests $($trade secrets$,$ goodwill and investments$)$; for Blackwell,

the ability to work within a reasonably defined area. Essentially this is asking you to draft

proposed a proposed restrictive covenant from the perspective of NA and also a proposed

restrictive covenant from Blackwell

$$ Acting as a mediator given the slightly divergent purposes of the $2$ parties, draft a

compromise restrictive covenant that would balance the interests of both parties.

Due Date: To be determined

Policy on Late Work: Extensions require my permission