a. Samantha and Javier enter into a partnership agreement in which they agree to jointly own and operate a coffee shop called "The Espresso Stop" (TES). This business is immediately registered as a Limited Liability Partnership (LLP). One day, while Samantha is absentmindedly walking across TES with a pot of scalding hot coffee, she trips and spills coffee onto the lap of Gabby, a TES customer. Gabby suffers major burn injuries, and, consequently, incurs $200,000 in hospital bills. Gabby subsequently sues to recover damages caused by Samantha’s negligence. In addition to naming Samantha and TES to her lawsuit, Gabby also sues Javier, in his personal capacity. Will Gabby be able to win a judgment against Javier? b. While moving into a new apartment, Jamie opens a kitchen drawer and finds a diamond neckless. The next day, Sofia knocks on Jamie's door. Sofia explains that she was the previous tenant of Jamie's apartment, and that she is concerned that she may have inadvertently left a valuable diamond necklace in the apartment during her move. Is Jamie legally required to return the recently discovered diamond necklace to Sofia? c. Han works as an international sales manager for the Coffee Cola Corporation (CCC) – a US corporation which bottles and distributes carbonated coffee beverages. In March of 2021, at the request of her supervisors, Han files an application to obtain rights to distribute CCC products within the nation of Elbonia (a notoriously bureaucratic country). By April of 2022, Han is still waiting to hear any indication as to whether Elbonia will grant a distribution license to CCC. Exasperated by this slow application processing time, Han uses CCC corporate funds to pay an Elbonian official $100 to "expedite" the review of CCC's distribution application. Several days after Han pays the Elbonian official, the Elbonian government grants CCC permission to distribute CCC products within its borders. Has Han exposed CCC to potential criminal liability within the United States by using its corporate funds to pay a foreign government official? d. Jason is the sole shareholder of a corporation called "Shell Corp." In the two years since Jason incorporated Shell Corp, the business has never held a board of directors meeting, or even appointed a board of directors. As a matter of general practice, whenever Shell Corp receives income, that profit is immediately transferred to Jason's personal checking account. While Jason views these distributions as "dividends," he does not maintain any corporate records showing the amount of "dividend" payments which he receives from his corporation. One day, Amelia (a disgruntled former client of Shell Corp) sues Shell Corp for breach of contract in the amount of $100,000. Shell Corp responds by admitting a breach of contract, but also notes that it has no corporate assets. Not long after, Shell Corp files for bankruptcy. Amelia responds to Shell Corp's purported insolvency by adding Jason as a party to her breach of contract lawsuit. This, notwithstanding the fact that Jason had not entered into the breached contract in his personal capacity. Will Amelia be able to "pierce the corporate veil," and receive a judgment against Jason?

Q&A Education