Marketing

1.         As the chief operating officer founder of the debtor, I will give way a few objections to the preceding(prenominal) arrangement. First, the bank now runs the compevery. 2.         The slang has all control and officers and directors pay back no power. Decisions might lack to be make that can non that would shit been in the best kindle of the comp each. 3.         Since the type of spouseship was not addressed in this gesture I am expiry to assume it is a common ass partnership. As a partner in a two-partner financial consulting firm, if my opposite partner spent money from clients ac itemises I would be responsible for the missing money as well as she. two my partner and I may be held probable to give riseher with and severally for each others wrongdoings. to each one of us is a command partner and each has un restrain liability for the debts of the partnership. for each one also has the power to in cur obligations on behalf of the partnership inside the setting of the partnerships business. Therefore, each general partner acts as an booster rocket for the other partner and the partnership.         If the company is a corporation and I am the CEO I would not necessarily be responsible for the losses. A corporation is a separate statutory entity apart from the people who work there. If I knew what was going on indeed I would be responsible to act in the best spare-time activity of the corporation. During the decision making process, somebodyal reside (financial and professional) must(prenominal) be subjugated to the absorbs of the corporation. If I did this consequently I would not be found responsible for the loss. This is because a CEO is render from personal liability. If I committed the fraud then I could be held responsible. 4. The accordance between Marti and MediaSoft must prime(prenominal) be de jure compelable. To be binding and follo w outable the treaty must action specific ! requirements. It must be accessory to some other balance; designed to protect a legitimate interest of the employer; reasonably limited in scope, geography, and while; and not unrepentant to the interest of the national. Also, it must be support by becoming consideration. This means that the person agreeing to the bargain must receive something of care for from the other party. If the court finds that a legally valid covenant has been breached, the court may issue an enjoinment ordering the person to stop the offending activities and/or demonstrate damages in some object lessons. In this case the pact seems to be not enforceable in either case because it does not make water a legitimate interest stated. It provided has a general interest in restricting competition, which is insufficient. Also, the concord is not limited by geographical area and scope of activities affected, only time. ground on a few assumptions that I have made about the ingest that were not specif ied, MediaSoft should be able to enforce the agreement that Marti signed if she works for dismiss Ventures, LCC. In this agreement she agreed not to compete with her originator employer for a biyearly period of time after leaving. tabu competition includes transaction with business from the former employer, MediaSoft, and using MediaSofts mystical business study for the benefit of the new employer. In this contract Marti agreed not to compete with MediaSoft and would be doing so by working for last- bit Ventures and its customers. This job would have her performing duties that would cave in her contract. She would be reading proposals for funding internet-based businesses (some which may be competitors of MediaSoft) and then stall on only the most promising ones to the committal that very makes the funding decisions. This would not necessarily be geological breakout her agreement, however she would also be performing the task to get along on occasional management team s that Net Ventures puts in place of businesses it fu! nds when those businesses begin to flounder. This would break her contract with MediaSoft. This advising and managing of certain floundering online businesses would distinctly not be allowed according to the agreement she signed. on the job(p) on these management teams is clearly working for competitors. Also advising these floundering firms from her live at MediaSoft for the benefit of her new employer during the two-year period is fracture her promise. MediaSoft would have a much tougher job trying to enforce the agreement on past employee Steve. Steve is currently a gritty check teacher, teaching computer and technology classes. This would not count as working for a competitor of MediaSoft and would not protect any legitimate interests of MediaSoft. Furthermore, it would be contrary to the interest of the public to not have Steve teach. Assuming Steve is not making any disparage remarks about MediaSoft, its founder, its officers, and/or its employees, he is within his co ntract. 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