Unit 12 On the Business Legal Front 站在商业法律前沿 √Learning objectives 1.In this unit students will learn words and expressions related to business law. 2.Students will be able to talk about issues related to business laws. Background reading Notes: l.class-action lawsuit在美国指的是集团诉讼，即代表一个集团进行的诉讼。 2.EA Electronic Arts全球最大视频游戏出版商，主要有网络游戏，手机游戏 等，而不是索尼等的游戏机游戏，代表游戏有“模拟人生”等。 3.overtime加班，超时工作 4.blog entry博客的一条 5.lash out against/atsb/sth突然猛击，猛烈抨击 The horse lashed out with its back legs. He lashed out at the opposition's policies 6.mandatory hours法定工作时间 7.veracity诚实，真实 I don't doubt the veracity of your report. 8.GameSpot News GameSpot是一个有名的网络游戏网站，现在己经有了中文 网站了，它的网页上有自己的新闻栏目，还会定期举行最佳和最差的游戏评比。 9.informed source可靠的消息来源 l0.initiate legal proceedings启动诉讼程序，开始诉讼 to take proceedings against someone起诉某人 11.contend主张，争辩，认为 I would contend that unemployment is our most serious social evil. 12.file提出正式请求 to file a petition in bankruptcy呈交破产申请 to file an application for a patent提出专利申请 13.certify证明，做证 l4.purportedly据说，据声称 15.repercussion不良影响，后果 16.opt out(of sth)决定不参加（某事） l7.retaliate against报复 He slapped his sister,who retaliated by kicking him. If we impose import duties,other countries may retaliate against us
Unit 12 On the Business Legal Front 站在商业法律前沿 3 Learning objectives 1. In this unit students will learn words and expressions related to business law. 2. Students will be able to talk about issues related to business laws. Background reading Notes: 1. class-action lawsuit 在美国指的是集团诉讼， 即代表一个集团进行的诉讼。 2. EA Electronic Arts 全球最大视频游戏出版商，主要有网络游戏，手机游戏 等，而不是索尼等的游戏机游戏，代表游戏有“模拟人生”等。 3. overtime 加班，超时工作 4. blog entry 博客的一条 5. lash out against/at sb/sth 突然猛击，猛烈抨击 The horse lashed out with its back legs. He lashed out at the opposition’s policies. 6. mandatory hours 法定工作时间 7. veracity 诚实，真实 I don’t doubt the veracity of your report. 8. GameSpot News GameSpot 是一个有名的网络游戏网站，现在已经有了中文 网站了，它的网页上有自己的新闻栏目，还会定期举行最佳和最差的游戏评比。 9. informed source 可靠的消息来源 10. initiate legal proceedings 启动诉讼程序，开始诉讼 to take proceedings against someone 起诉某人 11. contend 主张，争辩，认为 I would contend that unemployment is our most serious social evil. 12. file 提出正式请求 to file a petition in bankruptcy 呈交破产申请 to file an application for a patent 提出专利申请 13. certify 证明，做证 14. purportedly 据说，据声称 15. repercussion 不良影响，后果 16. opt out (of sth) 决定不参加（某事） 17. retaliate against 报复 He slapped his sister, who retaliated by kicking him. If we impose import duties, other countries may retaliate against us
电子艺术公司的雇员已经准备对该公司提起集体诉讼 一位原告律师对世界上最大的视频游戏公司准备提起一项针对没有报酬的 加班的集体诉讼。 昨天，电子艺术公司一位员工的配偶写的一条博客痛斥了这个游戏巨人，“现 有的正常工作时间是每天9点到晚上10点，一周7天，偶尔表现好时，周六晚 上可以不上班，6：30下班。”该配偶继续说电子艺术公司的员工没有因为努力 工作而有额外的假期。 这些贴在网上的说法的正确性无从考证，但是游戏点新闻社决定调查此事， 并且发现该博客的愤怒是有情可原的。 根据一个内幕消息，游戏点联系了舒伯特律师，他是一家在旧金山的律师事 务所的合伙人，他说他已经代表一些该公司员工开始了集体诉讼，“我们要为许 多的加班却没有得到相应报酬的电子艺术的员工争取赔偿。”舒伯特今天下午告 诉游戏点新闻，“电子艺术争论说他们没有责任，”舒伯特说，“我们却不这么认 为。” 雇员们为了要回他们认为自己该得的加班费，他们要对电子艺术提起集体诉 讼，2004年7月29日，杰米科森宝诉电子艺术一案在圣梅托高级法院正式提出， 科森宝是公司两个设计组中一名成员，尽管我们不清楚他现在是否还在电子艺术 任职。 但是要提起一个集体诉讼，法院先要判定这是否是一个“集体”，舒伯特说 在法院认定这是一个集体之前，他还不知道究竟有多少员工愿意加入这个诉讼行 列，“我们还没有被认定为集体，”他说，承认这个认定是“一场大战”。 而且似乎战线已经被划好了，游戏点受到了一封电子邮件的复印件，据信看 是夏季时寄给电子艺术的员工的，信里提醒他们注意有一场官司，甚至告知他们 如果他们选择加入这场诉讼的话，前提是如果这场诉讼被裁定为是集体诉讼的 话，他们不会受到报复。 “电子艺术否认原告的指控，电子艺术认为它公正而且合法地对待了自己的 员工，它是按照法律来界定自己的雇员的。原告现正寻求以自己的名义打这场官 司，并代表电子艺术以前和现在的员工也提起集体诉讼，法院还没有裁定这是否 是一次集体诉讼。 “如果被裁定为集体诉讼了，法院将通知所有集体的成员，而且也有权退出 诉讼，或选择自己的律师来代表他们。电子艺术不会因为员工行使自己的法律权 利，或参与而报复自己的员工。” 按照舒伯特所说，法院最近采取的行动就是否认了电子艺术的一个有可能终 止认定过程的一次动议，游戏点就此发给电子艺术求证的电子邮件在本新闻发稿 时还没被回复。 Answer to comprehension questions: 1.The reason is that her husband worked overtime without payment and additional vacation 2.It is on July 29,2004 the complaint was filed and the purpose is to recover the money plaintiffs feel is owed to them 3.To initiate a class-action suit,a group must first be certified as a "class"by the court
电子艺术公司的雇员已经准备对该公司提起集体诉讼 一位原告律师对世界上最大的视频游戏公司准备提起一项针对没有报酬的 加班的集体诉讼。 昨天，电子艺术公司一位员工的配偶写的一条博客痛斥了这个游戏巨人，“现 有的正常工作时间是每天 9 点到晚上 10 点，一周 7 天，偶尔表现好时，周六晚 上可以不上班，6：30 下班。” 该配偶继续说电子艺术公司的员工没有因为努力 工作而有额外的假期。 这些贴在网上的说法的正确性无从考证，但是游戏点新闻社决定调查此事， 并且发现该博客的愤怒是有情可原的。 根据一个内幕消息，游戏点联系了舒伯特律师，他是一家在旧金山的律师事 务所的合伙人，他说他已经代表一些该公司员工开始了集体诉讼，“我们要为许 多的加班却没有得到相应报酬的电子艺术的员工争取赔偿。”舒伯特今天下午告 诉游戏点新闻，“电子艺术争论说他们没有责任，”舒伯特说，“我们却不这么认 为。” 雇员们为了要回他们认为自己该得的加班费，他们要对电子艺术提起集体诉 讼，2004 年 7 月 29 日，杰米科森宝诉电子艺术一案在圣梅托高级法院正式提出， 科森宝是公司两个设计组中一名成员，尽管我们不清楚他现在是否还在电子艺术 任职。 但是要提起一个集体诉讼，法院先要判定这是否是一个“集体”，舒伯特说 在法院认定这是一个集体之前，他还不知道究竟有多少员工愿意加入这个诉讼行 列，“我们还没有被认定为集体，” 他说，承认这个认定是“一场大战”。 而且似乎战线已经被划好了，游戏点受到了一封电子邮件的复印件，据信看 是夏季时寄给电子艺术的员工的，信里提醒他们注意有一场官司，甚至告知他们 如果他们选择加入这场诉讼的话，前提是如果这场诉讼被裁定为是集体诉讼的 话，他们不会受到报复。 “电子艺术否认原告的指控，电子艺术认为它公正而且合法地对待了自己的 员工，它是按照法律来界定自己的雇员的。原告现正寻求以自己的名义打这场官 司，并代表电子艺术以前和现在的员工也提起集体诉讼，法院还没有裁定这是否 是一次集体诉讼。 “如果被裁定为集体诉讼了，法院将通知所有集体的成员，而且也有权退出 诉讼，或选择自己的律师来代表他们。电子艺术不会因为员工行使自己的法律权 利，或参与而报复自己的员工。” 按照舒伯特所说，法院最近采取的行动就是否认了电子艺术的一个有可能终 止认定过程的一次动议，游戏点就此发给电子艺术求证的电子邮件在本新闻发稿 时还没被回复。 Answer to comprehension questions: 1. The reason is that her husband worked overtime without payment and additional vacation. 2. It is on July 29, 2004 the complaint was filed and the purpose is to recover the money plaintiffs feel is owed to them. 3. To initiate a class-action suit, a group must first be certified as a “class” by the court
4.EA denies plaintiff's claim.It is EA's position that it treats its employees fairly and lawfully,and that it has properly classified its employees within the meaning of the law.EA will not retaliate against employees for exercising legal rights, including by participating in the proposed class action. PartA First listening:listen for the gist What is the main idea of news item one? Electronic Arts,the world's biggest video game company,said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. What is the main idea of news item two? A class-action lawsuit has been filed against PayPal,an online payment company, days after the company's successful initial public offering Second listening:listen for specific information In this part the teacher has great freedom and flexibility to ask students questions,to clarify any difficult language points,to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. filed,overtime pay,class action lawsuit,charge,restricted stock,stock option,initial public offering,illegitimately,unspecified Ask students to do multiple matching exercise and blanks filling exercise.Compare answers.Explain the keys. Third listening:sentences imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening(Dictate then remember). 1.filed--Electronic Arts,the world's biggest video game company,said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. 2.overtime pay--Electronic Arts,the world's biggest video game company,said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. 3.class action lawsuit--The proposed settlement of the class action lawsuit must be approved by the California Superior Court. 4.charge--The employees charged that EA violated labor laws requiring it to pay overtime and penalties. 5.restricted stock--Under the settlement,about 200 entry-level artists will become hourly workers eligible for overtime pay and a one-time grant of restricted EA
4. EA denies plaintiff’s claim. It is EA’s position that it treats its employees fairly and lawfully, and that it has properly classified its employees within the meaning of the law. EA will not retaliate against employees for exercising legal rights, including by participating in the proposed class action. Part A First listening: listen for the gist What is the main idea of news item one? Electronic Arts, the world's biggest video game company, said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. What is the main idea of news item two? A class-action lawsuit has been filed against PayPal, an online payment company, days after the company’s successful initial public offering. Second listening: listen for specific information In this part the teacher has great freedom and flexibility to ask students questions, to clarify any difficult language points, to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. filed, overtime pay, class action lawsuit, charge, restricted stock, stock option, initial public offering, illegitimately, unspecified Ask students to do multiple matching exercise and blanks filling exercise. Compare answers. Explain the keys. Third listening: sentences imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening (Dictate then remember). 1. filed -- Electronic Arts, the world's biggest video game company, said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. 2. overtime pay -- Electronic Arts, the world's biggest video game company, said Wednesday that it will pay $15.6 million to settle a lawsuit filed by current and former graphic artists seeking overtime pay. 3. class action lawsuit -- The proposed settlement of the class action lawsuit must be approved by the California Superior Court. 4. charge -- The employees charged that EA violated labor laws requiring it to pay overtime and penalties. 5. restricted stock -- Under the settlement, about 200 entry-level artists will become hourly workers eligible for overtime pay and a one-time grant of restricted EA
stock. 6.stock option --Those employees would be excluded from bonuses and stock option grants,said Jose Martin,head of human resources for EA 7.initial public offering--A class-action lawsuit has been filed against PayPal,an online payment company,days after the company's successful initial public offering 8.illegitimately --Filed Wednesday in California Superior Court in Santa Clara County,the suit charges PayPal with illegitimately restricting customers'access to their money. 9.unspecified--The suit asks for an unspecified amount of damages. Part B First listening:listen for the gist What is the main idea of this listening? Companies are Getting Unexpected Benefits from their Sarbanes-Oxley Outlays Second listening:listen for specific information In this part the teacher has great freedom and flexibility to ask students questions,to clarify any difficult language points,to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. compliance measures,nuisance,oversight,take off,shift,advent Ask students to fill in the blanks.Compare answers. Ask students to answer the following questions.Compare answers. Third listening:sentence imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening(Dictate then remember). 1.compliance measures--Companies are spending more money than they ever imagined to put the new compliance measures into place. 2.nuisance--Rather than viewing Sarbanes-Oxley compliance as a costly nuisance, smart companies are discovering that the accompanying investment in software and other IT systems are providing tools to improve how their businesses are run. 3.oversight--We see the 30%on technology as going to systems that structure and automate the financial management and oversight processes. 4.take off--And if,for instance,they see that after a month sales are taking off faster in one region than in another,it allows them to shift marketing dollars or productive capacity and investment much more quickly. 5.shift--And if,for instance,they see that after a month sales are taking off faster in one region than in another,it allows them to shift marketing dollars or productive capacity and investment much more quickly
stock. 6. stock option -- Those employees would be excluded from bonuses and stock option grants, said Jose Martin, head of human resources for EA. 7. initial public offering -- A class-action lawsuit has been filed against PayPal, an online payment company, days after the company’s successful initial public offering. 8. illegitimately -- Filed Wednesday in California Superior Court in Santa Clara County, the suit charges PayPal with illegitimately restricting customers' access to their money. 9. unspecified -- The suit asks for an unspecified amount of damages. Part B First listening: listen for the gist What is the main idea of this listening? Companies are Getting Unexpected Benefits from their Sarbanes-Oxley Outlays Second listening: listen for specific information In this part the teacher has great freedom and flexibility to ask students questions, to clarify any difficult language points, to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. compliance measures，nuisance，oversight, take off, shift, advent Ask students to fill in the blanks. Compare answers. Ask students to answer the following questions. Compare answers. Third listening: sentence imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening (Dictate then remember). 1. compliance measures -- Companies are spending more money than they ever imagined to put the new compliance measures into place. 2. nuisance -- Rather than viewing Sarbanes-Oxley compliance as a costly nuisance, smart companies are discovering that the accompanying investment in software and other IT systems are providing tools to improve how their businesses are run. 3. oversight -- We see the 30% on technology as going to systems that structure and automate the financial management and oversight processes. 4. take off -- And if, for instance, they see that after a month sales are taking off faster in one region than in another, it allows them to shift marketing dollars or productive capacity and investment much more quickly. 5. shift -- And if, for instance, they see that after a month sales are taking off faster in one region than in another, it allows them to shift marketing dollars or productive capacity and investment much more quickly
6.advent--Since the advent of Sarbanes-Oxley,transparency in business systems and accounting and auditing procedures has mainly been about reassuring investors that a company's books were being handled properly. Part C First listening:listen for the gist What is the main idea of this listening? This passage mainly discusses legal tactics for hostile mergers. Second listening:listen for specific information In this part the teacher has great freedom and flexibility to ask students questions,to clarify any difficult language points,to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. shape up,have...in place,weigh up,unsolicited bid,pledge,legal input,proactive, necessitate,relocate,regulatory arbitrage,counter bid Ask students to do the T/F exercises.Ask them why the statements are true or false.. Ask students to answer the questions and make comments. Third listening:sentence imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening(Dictate then remember). 1.shape up--This year is shaping up to be the busiest for hostile takeovers since 1999 and,more than ever before,having the right legal team in place will be crucial. 2.have..in place--This year is shaping up to be the busiest for hostile takeovers since 1999 and,more than ever before,having the right legal team in place will be crucial. 3.weigh up--Skandia's board is weighing up an unsolicited bid from Old Mutual 4.unsolicited bid--Skandia's board is weighing up an unsolicited bid from Old Mutual. 5.pledge--Spain's Gas Natural has pledged a massive f15bn for Endesa,its local rival. 6.legal input--The deals are cross-border and require massive legal input. 7.proactive --The environment is far more regulated,in particular in terms of securities market regulation,antitrust and pensions,and with a more proactive approach from the [UK]Takeover Panel. 8.necessitate--This has necessitated the lawyers having a greater input into the tactical approach and the strategy,where previously that was driven principally by the investment bankers. 9.relocate--Scott Simpson,an American lawyer,is a veteran of the hostile merger
6. advent -- Since the advent of Sarbanes-Oxley, transparency in business systems and accounting and auditing procedures has mainly been about reassuring investors that a company’s books were being handled properly. Part C First listening: listen for the gist What is the main idea of this listening? This passage mainly discusses legal tactics for hostile mergers. Second listening: listen for specific information In this part the teacher has great freedom and flexibility to ask students questions, to clarify any difficult language points, to add in supplementary materials as background knowledge or in-depth understanding of the listening materials. Notice the following expressions. shape up, have … in place, weigh up, unsolicited bid, pledge, legal input, proactive, necessitate, relocate, regulatory arbitrage, counter bid Ask students to do the T/F exercises. Ask them why the statements are true or false.. Ask students to answer the questions and make comments. Third listening: sentence imitation Ask students to use the following active vocabularies to form sentences as what they have heard from listening (Dictate then remember). 1. shape up -- This year is shaping up to be the busiest for hostile takeovers since 1999 and, more than ever before, having the right legal team in place will be crucial. 2. have … in place -- This year is shaping up to be the busiest for hostile takeovers since 1999 and, more than ever before, having the right legal team in place will be crucial. 3. weigh up -- Skandia's board is weighing up an unsolicited bid from Old Mutual. 4. unsolicited bid -- Skandia's board is weighing up an unsolicited bid from Old Mutual. 5. pledge-- Spain's Gas Natural has pledged a massive £15bn for Endesa, its local rival. 6. legal input -- The deals are cross-border and require massive legal input. 7. proactive -- The environment is far more regulated, in particular in terms of securities market regulation, antitrust and pensions, and with a more proactive approach from the [UK] Takeover Panel. 8. necessitate-- This has necessitated the lawyers having a greater input into the tactical approach and the strategy, where previously that was driven principally by the investment bankers. 9. relocate -- Scott Simpson, an American lawyer, is a veteran of the hostile merger
market,having learnt the trade in America during its 1980s hostile bid boom, before relocating to the London office of US firms. 10.regulatory arbitrage--Mr Simpson says the increasingly cross-border nature of Europe's hostile bids is resulting in a new defense tactic -what he calls "regulatory arbitrage". 11.counter bid--In today's environment,it is more than likely a bid or counter bid will be coming from outside the target's jurisdiction Acting out The teacher can ask students to take the following class action suits as an example and hold a class discussion on it.Similar class action suits happened in the United States in tobacco and insurance industries.The consumers think their rights are violated either by their misleading advertisements or wordings in insurance policy. McDonald's obesity suit thrown out NEW YORK(CNN)--A federal judge Thursday threw out a class-action lawsuit by two Bronx teenagers claiming McDonald's used false advertising and that the chain's food made them fat and contributed to their health problems. The plaintiffs'lawyers claimed unknown ingredients and processing made foods such as french fries,Chicken McNuggets and Filet-O-Fish sandwiches damaging to consumers'health. "The plaintiffs have made no explicit allegations that they witnessed any particular deceptive advertisement,and they have not provided McDonald's with enough information to determine whether its products are the cause of the alleged injuries," said U.S.District Court Judge Robert Sweet. "Finally,the one advertisement which plaintiffs implicitly allege to have caused their injuries is objectively non-deceptive." Sweet ruled the plaintiffs could not re-file the lawsuit. In January,the judge dismissed the first version of the suit,saying the plaintiffs failed to show McDonald's food was "dangerous in any way other than that which was open and obvious to a reasonable consumer." But Sweet allowed the plaintiffs'attorneys file again after they revised the suit to try to establish the existence of dangers "not commonly well known."Sweet said in his first ruling that McDonald's cannot be blamed by consumers who choose to eat there. "If a person knows or should know that eating copious orders of super-sized McDonald's products is unhealthy and may result in weight gain,"Sweet wrote in January,"it is not the place of the law to protect them from their own excesses.""We
market, having learnt the trade in America during its 1980s hostile bid boom, before relocating to the London office of US firms. 10. regulatory arbitrage -- Mr Simpson says the increasingly cross-border nature of Europe's hostile bids is resulting in a new defense tactic - what he calls "regulatory arbitrage". 11. counter bid -- In today's environment, it is more than likely a bid or counter bid will be coming from outside the target's jurisdiction Acting out The teacher can ask students to take the following class action suits as an example and hold a class discussion on it. Similar class action suits happened in the United States in tobacco and insurance industries. The consumers think their rights are violated either by their misleading advertisements or wordings in insurance policy. McDonald's obesity suit thrown out NEW YORK (CNN) -- A federal judge Thursday threw out a class-action lawsuit by two Bronx teenagers claiming McDonald's used false advertising and that the chain's food made them fat and contributed to their health problems. The plaintiffs' lawyers claimed unknown ingredients and processing made foods such as french fries, Chicken McNuggets and Filet-O-Fish sandwiches damaging to consumers' health. "The plaintiffs have made no explicit allegations that they witnessed any particular deceptive advertisement, and they have not provided McDonald's with enough information to determine whether its products are the cause of the alleged injuries," said U.S. District Court Judge Robert Sweet. "Finally, the one advertisement which plaintiffs implicitly allege to have caused their injuries is objectively non-deceptive." Sweet ruled the plaintiffs could not re-file the lawsuit. In January, the judge dismissed the first version of the suit, saying the plaintiffs failed to show McDonald's food was "dangerous in any way other than that which was open and obvious to a reasonable consumer." But Sweet allowed the plaintiffs' attorneys file again after they revised the suit to try to establish the existence of dangers "not commonly well known." Sweet said in his first ruling that McDonald's cannot be blamed by consumers who choose to eat there. "If a person knows or should know that eating copious orders of super-sized McDonald's products is unhealthy and may result in weight gain," Sweet wrote in January, "it is not the place of the law to protect them from their own excesses." "We
trusted that common sense would prevail in this case,and it did,"McDonald's spokeswoman Lisa Howard said in a statement released from the company's Oak Brook,Illinois,headquarters."Today's dismissal is further recognition that the courtroom is not the appropriate forum to address this important issue."McDonald's food can fit into a healthy,well-balanced diet based upon the choice and variety available on our menu." The company said more than 20 million people eat at McDonald's in the United States every day."I think you should contact my lawyer.He has my reaction,"Roberta Pelman,mother of plaintiff Ashley Pelman,told CNN.The plaintiffs'lawyer,Samuel Hirsch,said he had no comment
trusted that common sense would prevail in this case, and it did," McDonald's spokeswoman Lisa Howard said in a statement released from the company's Oak Brook, Illinois, headquarters. "Today's dismissal is further recognition that the courtroom is not the appropriate forum to address this important issue. "McDonald's food can fit into a healthy, well-balanced diet based upon the choice and variety available on our menu." The company said more than 20 million people eat at McDonald's in the United States every day. "I think you should contact my lawyer. He has my reaction," Roberta Pelman, mother of plaintiff Ashley Pelman, told CNN. The plaintiffs' lawyer, Samuel Hirsch, said he had no comment
