Reference no: EM13970915

You and your team members work in the General Counsel s office of a major U.S. corporation, CleanEnergy Corp. that is involved in the manufacture and sale of renewable energy products such as wind turbines and solar panels. Your company sells the majority of its products to domestic customers in the United States. Your main competitors are Chinese companies who have enterred the market over the last two years. During that period of time, CleanEnergy Corp. s profits have declined by 25%.

Yesterday, you received a call from the President of CleanEnergy Corp. The President told you that it is the company's belief that the Chinese companies, who are your main competitors, are using unfair trade practices. In particular, he believes that the Chinese companies are receiving significant subsidies from the Chinese government and that they are dumping their products on the U.S. market at artificially low prices that CleanEnergy Corp. simply cannot compete with.

The President asked your team to prepare a written summary and presentation to the ClearnEnergy Corp. Board of Directors explaining the companies legal rights and possible remedies, if any. The Board is made up of business people and people from the energy sector, so your explanation will have to be clear and understandable to non-lawyers.

The President asked that your team prepare a short written summary of its analysis, of 3-5 pages in length (excluding cover page, single-spaced, with double-spacing between paragraphs and cites to legal authority where appropriate. ) This written summary must be distributed to the board members by February 22, 2015, so that the board members have time to review it prior to the upcoming board meeting, on March 1, 2015. The President reminds you that because of the declining profits, the jobs of the management of CleanEnergy Corp., including his (and yours), are on the line, so the written document must be professional in appearance.

Additionally, the President asks that your team prepare a short recorded video presentation that can be shown to the board of directors at the meeting on March 1, 2015. The President advises you that the presentation should be between 10-15 minutes in length, but no longer than 15 minutes, as there is a lot of business to discuss. He suggests that your presentation include a slide presentation of your findings. Since board members will be attending the meeting remotely, he asks that you create a video presentation that can be uploaded on line for the board members to see. He stresses that the video must be professional in appearance or the Board will not respect the conclusions presented.

Your team needs to work together to prepare both the written analysis and the oral presentation. You needs to address the following areas for the board members, so the board members can decide how they would like to proceed:
What trade laws might applicable to the situation and what they say?

In what forum, and against whom, the company could bring a potential claim and what the company would have to demonstrate in the legal proceedings in order to be successful; your discussion should also include any potential rights of appeal that your company or the defendants may have.

What remedies would be available to your company, including both preliminary and final remedies?