Case Study The Investment Company Act of 1940 prohibits a mutual fund from engaging in certain transactions in which there

Case Study The Investment Company Act of 1940 prohibits a mutual fund from engaging in certain transactions in which there

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Case Study:

 

The Investment Company Act of 1940 prohibits a mutual fund from engaging in certain transactions in which there may be a conflict of interest between the manager of the fund and its shareholders. Under rules issued by the Securities and Exchange Commission (SEC), however, a fund that meets certain conditions may engage in an otherwise prohibited transaction. In June 2004, the SEC added two new conditions. Regulations define clarifications as “limited exchanges.” In March 2001, the U.S. Air Force asked for bids on a contract. The winning contractor would examine, assess, and develop means of integrating national intelligence assets with the U.S. Department of Defense space systems, to enhance capabilities of the Air Force’s Space Warfare Center. Among the bidders were Information Technology and Applications Corp. (ITAC) and RS Information Systems, Inc. (RSIS). The Air Force asked the parties for more information on their subcontractors but did not allow them to change their proposals. Determining that there were weaknesses in ITAC’s bid, the Air Force awarded the contract to RSIS. ITAC filed a suit in the U.S. Court of Federal Claims against the government, contending that the postproposal requests to RSIS, and its responses, were improper “discussions.” Should the court rule in ITAC’s favor? Why or why not? Information Technology & Applications Corp. v. the United States, 316 F.3d 1312 (Fed. Cir. 2003).

 

Guidelines

 

Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.

The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.

The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. 

Utilize the case format below.

Your grade comes from the content contained on the actual submission. 

 

Case Analysis Format:

 

Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:

Parties [Identify the plaintiff and the defendant]

 

Facts [Summarize only those facts critical to the outcome of the case]

 

Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]

 

Issue [Note the central question or questions on which the case turns]

 

Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.

 

Holding [How did the court resolve the issue(s)? Who won?]

 

Reasoning [Explain the logic that supported the court's decision] 

 

Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.

Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.

Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!

Wrap up with a Conclusion slide. This should summarize the key aspects of the decision and also your recommendations on the court's ruling.

Include citations on the slides and a reference slide with your sources. Use APA style citations and references.


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