New York University, Stern School of Business
Syllabus1, Course Requirements, and Grading Criteria
Business Law for Managers
Fall 2007
Professor Richard Hendler
COURSE DESCRIPTION AND OBJECTIVES
Business people recognize that their success is very often contingent upon the extent to
which they understand the legal environment in which they operate. They know that just
knowing the rules is not enough. It is imperative to really think about how particular rules
of law apply to specific circumstances in order to assess the viability of a proposed
course of action and to ensure that potential risks have been considered and evaluated.
This course will focus on the body of law governing the types of issues that students can
expect to encounter in their roles as managers of public and private companies,
consultants, and entrepreneurs. Topics for discussion include, but are not limited to:
contract and cyber laws; the various forms of business structures (e.g., partnerships,
corporations and limited liability companies); business torts; product liability; specific
issues regarding entrepreneurs and employment law.
The objective of this course is to help develop your ability to recognize and understand
legal issues in your business and personal life. By the end of the semester, you will have
honed your critical thinking skills and enhanced your personal and professional
judgment. You will be pleased to find that you are able to recognize and perhaps avoid or
resolve legal problems in a variety of business and everyday life situations. You will also
be able to work effectively with the lawyers you encounter whether in a personal or
professional capacity.
The course uses a variety of teaching methods and materials. Class will consist of
lectures, discussions, in class group exercises, and video presentations. Fundamental
concepts are contained in the assigned readings and then these concepts are illustrated,
explored, and analyzed by cases and additional readings.
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This Syllabus is a guide, not a contract. It may be revised if it seems in the best
interests of the class to do so. You will be notified promptly of any revisions.
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COURSE MATERIALS
1) Required Materials:
West’s Business Law, Tenth Edition, Clarkson Miller Jentz and Cross and accompanying
study guide (only if FREE !!). All primary reading assignments are in this text. These
readings introduce many of the legal issues affecting businesses and business. The
readings also raise some issues in business transactions and practice. In addition, I will
distribute by email or in class supplementary readings.
http://www.stern.nyu.edu/~rhendler (click on “Business Law for Managers” and see links
listed there)
Handouts will be distributed in class or by email when necessary to supplement the text
and class discussions.
2) Recommended Selected Periodicals: Wall Street Journal; The New York Times; The
Week
3) Additional Resources for Online Legal Research
Recommended Web Sites:
http://www.dpg-law.com/main/02-morelaw/r-contract.html
http://blt.westbuslaw.com
http://www.westbuslaw.com
http://www.findlaw.com
http://www.nylj.com
http://www.law.com
http://firstamendmentcenter.org
http://4lawschool.com
COURSE PREPARATION AND OTHER ADMINISTRATIVE DETAILS
Since faculty members may have somewhat different expectations as to class behavior,
set forth below are a few of my own expectations.
1.
Attendance in every class is mandatory. If you must miss a class, call me in
advance for expressed permission. More than one unexcused absence will be reflected in
a lower grade.
2.
As a courtesy to your classmates and to me, try not to be late.
3.
You should carefully read all of the assigned materials (such as textbook chapters,
handouts, assignments, etc.) prior to class so that you can fully participate in the class
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discussion. Be prepared to be called upon. Please let me know before the start of class if
some situation has made it impossible for you to be adequately prepared.
4.
To submit questions about our class, use email with the subject heading beginning
with either “BLM” or “Business Law for Managers.”
OFFICE HOURS / AVAILABILITY:
I will be available after class, from 5:00 to 7:00 p.m. on Mondays, from 4:00 to 6:00 p.m.
on Thursdays, and always by appointment. In addition, you can reach me at
212.998.0057 (NYU), 516.984.6900 (cell,) or via email at rhendler@stern.nyu.edu. My
office is at 44 West 4th Street, 10th Floor, Room 10-77.
GRADING CRITERIA
The final grade for the course will be based on the following components unless
otherwise noted in class: You may form groups of at most four students for doing the
projects, examinations, and other group work during class.
Participation, Homework Assignments, and Classroom Projects: 30%.
LawGame, Entrepreneurial Game (see website for both descriptions) or Legal Strategic
Initiative Plan2: 40%
You will be expected to conduct original research during the course into an executive’s legal strategic
plan initiative. The purpose of the paper is to apply the concepts, legal standards, and remedies we are
exploring in class to a specific topic of interest to you. Your plan must be chosen and approved before the
third session. You may work individually or in collaboration with others on this project, but in the latter
case the scope, depth or other dimensions of your projects must be increased accordingly. Given our time
constraints, each group or person may opt to make a short presentation to the class followed by class
discussion of the initiative in our last class session. Your oral presentation is simply to describe your topic
(10 minutes) and allow your classmates and me to offer insight or to help redefine your topic/idea. Let me
know if you so choose by the third class.
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Your in-depth plan should address: legal problem(s) (situation and background); recommendation
(strategy/course of action/implementation); difficulties and rational (identify/explanation/why). To help
generate initiatives, the following is a list of areas: corporate governance; employment issues; non
competes; privacy; intellectual property; cyberlaw; product liability; trade secrets; trade marking; SarbanesOxley compliance; purchases and sales; securities; directors/officers; environmental; and e-commerce sites.
If you are completely dry on a topic, the best way to come up with one is first to browse periodicals and
then to talk with me.
Once you have decided on a topic for your paper, use Lexis/Nexis or the Internet to conduct research to get
sources of law (including statutes and cases) and secondary sources (journals). For a further explanation on
how to use Lexis/Nexis, go to www.stern.nyu.edu/~rhendler, click on Business Law for Managers, go to
the Working Hard section, and then to Study Materials to review the slide on "how to do legal research."
For links go to Working Hard section, and then Course Info to review Syllabus, scrolling down to
recommended web sites. In the end, try to write your paper (15-20) pages in length, double spaced) in a
non-judgmental, constructive manner that can help make it more effective.
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Final examination: 30%.
One examination will be given covering law as illuminated by assigned readings as well
as class lectures and exercises. The exam will be a combination of short essays, true/false
and/or multiple-choice questions. The exam will be available on-line during the
scheduled examination period; you will be provided with a link to take the final exam
(m/c, yes/no, short essays) and given up to 3 to 4 hours to complete the exam from the
time you log-in. Exam may be taken individually or in your groups.
Note that all requirements must be completed to pass the course. Your overall grade may
be adjusted upward based on “bonuses” or downward based on “passes” (as discussed in
first session of class).
I grade all exams and papers "blind." So put only your NYU number, not your name, on
any submission. I do not curve grades in this class; the chips fall where they may: in
theory there could be all A's, or none, although reality tends to fall between these
extremes.
POLICY ON ACADEMIC DISHONESTY:
Academic dishonesty could consist of copying another’s work and submitting it as one's
own, failing to attribute credit to a reference source, or copying from another during an
exam. Academic dishonesty undermines the school's student code of conduct and is
unfair to other students. Instances of academic dishonesty will be referred to the Stern
School Discipline Committee.
SCHEDULE
The schedule set forth below is subject to change as the need arises and it probably will
change. All changes will be announced in class or by email. If you miss a lecture, it is
your responsibility to learn of any announced changes from your classmates.
CHAPTERS AND PROBLEM SETS:
Chapters 2 and 3: No assigned problem sets
Chapter 10: Nature and Terminology - 6, 7, 8
Chapter 11: Agreement - 5, 6, 8
Chapter 12: Consideration - 4, 5, 6, 9
Chapter 13: Capacity and Legality - 4, 7, 9
Chapter 14: Genuineness of Assent - 5, 6, 8
Chapter 15: Genuineness of Assent - 5, 8, 9
Chapter 16: Third Party Rights - 7, 8, 9
Chapter 17: Performance and Discharge - 4, 5, 6
Chapter 18: Breach of Contract and Remedies - 4, 5, 6
Chapter 19: E-Contracts - 4, 6, 8
Chapter 20: The Formation of Sales and Lease Contracts - 5, 6, 9
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Chapter 6: Intentional Torts - 5, 6, 8
Chapter 7: Negligence and Strict Liability - 6, 8, 9
Chapter 23: Warranties and Product Liability - 5, 6, 9
Chapter 31: Agency Formation and Duties - 5, 6, 8
Chapter 32: Liability to Third Parties and Termination - 5, 6, 10
Chapter 35: Sole Proprietorships and Franchises - 4, 8, 10
Chapter 36: Partnerships and Limited Liability Partnerships - 4, 5, 8
Chapter 37: Limited Liability Companies and Special Business Forms - 4, 9, 10
Chapter 42: Law for Small Businesses - 3, 5, 9
SIMULATED TRIALS:
a. Leonard v. Pepsico, Inc.
b. Contestants v. Reality TV
c. In the Matter of Intersection:
d. In re: Jenny Jones
Remember to search and find passion in your life!!
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