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Old 05-14-2006, 07:43 AM   #7516
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Default Re: Animal Planet: The Jace Corwin Experience

So I just got caught up....glad you are ok Danny!!

yes Ellen....that was my thought too!! Wheeeeee!!!
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Old 05-14-2006, 11:31 AM   #7517
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Default Re: Animal Planet: The Jace Corwin Experience

Danny, i'm glad you're okay, buddy!
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Old 05-14-2006, 03:24 PM   #7518
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Default Re: Animal Planet: The Jace Corwin Experience

glad you're ok danny!
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Old 05-14-2006, 09:25 PM   #7519
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Default Re: Animal Planet: The Jace Corwin Experience

holy SHIT this is the downtown square of my home city
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Old 05-14-2006, 09:32 PM   #7520
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Default Re: Animal Planet: The Jace Corwin Experience

oh my ):
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Old 05-15-2006, 01:10 AM   #7521
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Default Re: Animal Planet: The Jace Corwin Experience

more

so I'm doing practice exams for my exam tomorrow... this is the exam the prof gave in 2003
==================
Section II. (Essay) (66 points)



Hogwarts, Inc. is a Delaware public corporation that manufactures magic tricks for professional magicians to be used in their performances. Dumbledore, Hogwarts’ CEO, is so old that even the company’s most senior employees cannot remember a time when he appeared young.

A bit out of touch with the times, on January 1, 2002, Dumbledore ordered the company to launch an exciting new product line in the U.S. market. Called the “Baghdad Line,” these products all contained references to ancient or modern Baghdad. Some of the more notable products included the Hussein Hat, the Arabian Nights Armoire (made assistants who enter it vanish), the Takrit (Levitating) Table, and the Saddam Saw (capable of sawing assistants in half). Dumbledore assumed that, as was once the case, most U.S. customers associated Baghdad with magic and mystery. Although Hogwarts’ marketing director tried to dissuade Dumbledore, and begged him to at least let the company conduct some basic marketing research, Dumbledore refused. Instead, Dumbledore committed all the company’s resources to the new line, which was released to the market on March 1, 2002.

The new line was a total disaster. Not only were the tricks old and outdated, but consumers now associated Baghdad more with Saddam Hussein, torture, and repression than with magic and mystery. Hogwarts lost a great deal of money, and its share price dropped from $100/share on March 1, 2002 to $50/share by December 31, 2002, when Hogwarts withdrew the Baghdad line from the market. The price has remained reasonably stable since, fluctuating between $48 and $52 per share.

Today, May 8, 2003, Snape, a renowned shareholder plaintiffs’ lawyer, filed a derivative suit against Dumbledore for breach of the duty of care. He found his three plaintiffs – Hermione, Harry and Ron – by taking out an ad in the local newspaper. Hermione had bought 150 shares of Hogwarts’ stock in September of 1980 for $40/share. She still owns all her shares, but intends to sell them on June 1, 2003 to help pay for her son’s college tuition (it is now May 8, 2003). Harry bought 100 shares of Hogwarts, Inc.’s stock in February of 1999 for $80/share and sold them for $70/share on April 1, 2002. Ron bought 250 shares of Hogwarts’ stock on November 25, 2002 for $55/share. He still owns all his stock.

No fool, Snape did not make demand on the board before filing his derivative suit. Instead, he asserted that demand was excused as futile.

Hogwarts’ board consists of only three members, Dumbledore himself; Hagrid, Dumbledore’s gardener; and Fawkes, Dumbledore’s pet bird (the Delaware Supreme Court has previously ruled that Fawkes is sufficiently intelligent to serve as a board member).

You are a new associate in Snape’s law firm. He has asked you to write a brief memo analyzing the defensive steps that Dumbledore and Hogwarts can be expected to take. Assume that Hogwarts will act in Dumbledore’s interest. The memo should (a) identify Hogwarts’ potential actions and/or arguments; (b) identify any counteractions or arguments that Snape can make; and (c) evaluate whether Snape is likely to win. Snape is very busy and has been known to turn associates into mushrooms when they waste his time with irrelevant points of law or arguments.



Good luck!
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Old 05-15-2006, 01:15 AM   #7522
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Default Re: Animal Planet: The Jace Corwin Experience

for the exam
): ): ): ): ): for the pictures ): ):
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Old 05-15-2006, 01:31 AM   #7523
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Default Re: Animal Planet: The Jace Corwin Experience

wow Deb |:

Danny
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Old 05-15-2006, 01:32 AM   #7524
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Default Re: Animal Planet: The Jace Corwin Experience

bad flood debita. hope your parents aren't caught out in that!

and the exam RDTSLMAO!!!
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Old 05-15-2006, 01:54 AM   #7525
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Default Re: Animal Planet: The Jace Corwin Experience

Quote:
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bad flood debita. hope your parents aren't caught out in that!
No, their house is a few miles from that city square and is up on a little hill. my dad said there was a bit of water in the garage by the chimney but they'll get it checked out and it should be fine. thankfully
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and the exam RDTSLMAO!!!
unfortunately, though, it's about as hard as it is funny
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Old 05-15-2006, 01:54 AM   #7526
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Default Re: Animal Planet: The Jace Corwin Experience

Lazy women who don't get off the couch more than once a month don't win their tennis matches.

Deb, and all of New England but that exam is BRILLIANT!!!!!!!! This year's will have a DaVinci code theme, I bet.
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Old 05-15-2006, 02:03 AM   #7527
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Default Re: Animal Planet: The Jace Corwin Experience

Quote:
Originally Posted by Fee
Lazy women who don't get off the couch more than once a month don't win their tennis matches.
awww
Quote:
Originally Posted by Fee
Deb, and all of New England
My parents said they keep showing our city on all the news - local and national - b/c of the downtown flood.
Quote:
Originally Posted by Fee
but that exam is BRILLIANT!!!!!!!! This year's will have a DaVinci code theme, I bet.
yeah, he's a brilliant guy.. but i think this year might be west wing, he ranted like once a week about it being cancelled
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Old 05-15-2006, 03:08 AM   #7528
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Default Re: Animal Planet: The Jace Corwin Experience

A west wing exam question would be cool.

Oh, look at the time. It's beer thirty. Gotta run.
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Old 05-15-2006, 04:01 AM   #7529
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Default Re: Animal Planet: The Jace Corwin Experience

This was last year's of course, I had no idea how to go about answering it..
===============
Essay (50% of Exam Grade)

Dark, Inc., a New York corporation traded on the New York Stock Exchange, manufactures and sells blackout shades for commercial and residential use. These shades eliminate substantially all light passing through a window by the use of a special metal foil that is placed between two layers of fabric. The foil is remarkably opaque to light, resulting in an almost magical “force” that prevents light from entering a room.

Dark also owns 93% of the outstanding shares of Light, Inc., a Delaware corporation whose shares are also traded on the New York Stock Exchange. Light manufactures and sells a new type of light bulb. The bulbs employ a metal alloy – the same metal used as foil in Dark’s blackout shades – as a filament that gives off a remarkably clear, soft, and bright light. The light generated by Light’s bulbs has an almost magical effect or “force” on people’s moods, cheering them even on the most dismal mid-winter day. The remaining 7% of Light’s shares are owned by public shareholders, none of whom owns more than .005% of the corporation. Both Light and Dark operate entirely in California, where all their officers and employees live.

Light owns the patent on the metal alloy (named the “Force,”) used by both Light and Dark. Dark has historically licensed the right to manufacture the alloy from Light for a substantial sum, making up 15% of the manufacturing cost for Dark’s blackout shades (about $5 million per year). Tired of bearing this ongoing cost, Dark decided to purchase the patent for the Force from Light.

The CEO of Dark, D’Art Hvader, called the CEO of Light, O.B. Juan, into his office to negotiate the sale of the Force.

“O.B. Juan,” said Hvader, “I’d like to bring the Force to the Dark side and have Light pay Dark a licensing fee for a change.”

“Sounds O.K. to me, Boss,” replied Juan. “But you’ll need the board’s approval.”

Acting on the advice of Dark’s General Counsel, Sithree Peeyo, Hvader told Juan to set up an independent committee of Light’s board of directors to negotiate the sale.

Light’s board of directors consisted of five board members: O.B. Juan, Light’s CEO and Chairman of the Board and a Vice President of Dark; Luke Oceanrunner, Chief Operating Officer of Light; Yo Da, President of Jedeye College, where Hvader last year donated $5 million towards the construction of the Hvader Library; Hans Alone, a retired Congressman from California, who, while in office, received large political donations from Dark and Hvader; and Leyaor Gana, Hvader’s neighbor and close personal friend.

O.B. Juan duly notified the other directors of a special board meeting. Juan and Oceanrunner attended the meeting in person. Da was in New York during the meeting, but participated by speakerphone. Alone and Gana did not attend the meeting.

At the meeting, Juan proposed that the board form a special committee to negotiate the sale of Light’s Force patent to Dark. He further proposed that this committee consist of Da (chair), Alone, and Gana. Juan voted in favor of the proposal, as did Da, but Oceanrunner voted against the motion. Juan declared that the motion carried. Juan called Alone and Gana afterward and related what had transpired. Each of them told Juan they agreed with the board’s decision to form a special committee.

The special committee met three times over the next month. Da participated in all three meetings by phone. Alone attended all three meetings in person, but Gana missed the three meetings altogether. Da periodically updated Gana by phone and email.

Hvader proposed to the special committee that Dark purchase Light’s Force patent for $1 million, and grant a license to Light to continue manufacturing Force light bulbs for a price of $5 million per year.

At Yo Da’s suggestion, the special committee hired an expert to determine if this constituted a fair price. The committee hired R. Twodeetoo, a certified public accountant with experience in appraising intellectual property. Twodeetoo’s firm had performed accounting work for both Light and Dark.

At the third special committee meeting (attended by Yo Da by phone and Alone in person), Twodeetoo made his report. He valued the Force patent at $5 million, arguing that a single year’s royalty payment from Dark was all Light could count on for sure; the future beyond that was simply too uncertain. Other technologies might emerge to replace the Force alloy by that time, making the patent essentially worthless. Twodeetoo was not specific about what technologies might emerge, nor did any of the directors ask him questions on this subject. Once the new technologies emerged, Twodeetoo asserted, Light would not need to license the Force patent from Dark because Light would instead use the new technologies. In consequence, any licensing fee Light agreed to in order to continue to use the Force patent would be perfectly acceptable, since Light would likely not require the Force alloy for very long.

On the basis of Twodeetoo’s report, Da and Alone (Gana being absent) agreed at the third meeting to authorize Da to negotiate with Hvader for a sale price of $5 million for the Force patent, along with a license for $500,000 per year. Da then met with Hvader, who insisted Dark would not pay more than $3 million, and that the license fee would have to be $750,000/year. The special committee then met for a fourth and final time and, with all three members present, received Da’s report that Hvader would not agree to any price above $3 million, nor any license fee below $750,000. The committee approved the sale of Light’s Force patent at that price, along with a license agreement permitting Light to use Force in its light bulbs in exchange for a licensing fee of $750,000 per year.

The day after the sale was disclosed to the public, a group of Light’s minority shareholders sent Hvader an angry letter, alleging breach of Dark’s fiduciary duties as a majority shareholder to Light’s minority shareholders and threatening to launch a lawsuit.

You represent Dark. (I know it’s less exciting, but it almost certainly pays better!) Draft a memo to Hvader discussing the claim(s) the shareholders will likely bring against Draft and evaluating their chance of success. Hvader is already familiar with derivative actions and their procedural requirements, so please do not pester him with a discussion of whether the shareholders’ claims with be direct or derivative, or what procedural hurdles they might need to overcome if the claim(s) is/are derivative. Please feel free to discuss, though, what state’s law will apply to these claims.

Good luck!!
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Old 05-15-2006, 05:27 AM   #7530
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Default Re: Animal Planet: The Jace Corwin Experience

the question's so loooonnnggg

but it's hilaaarriiouuuss. wonder what he'll come up with this year lol
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