Assume that it is 5 years in the future. The Armstrong suits are settled. 1. What major business law issues do you believe Lance Armstrong faced? 2. How do you believe he was able to resolve them...
Assume that it is 5 years in the future. The Armstrong suits are settled.
1. What major business law issues do you believe Lance Armstrong faced?
2. How do you believe he was able to resolve them (or not)?
Armstrong's fraud against USPS might be seen as having caused USPS to violate major US marketing and advertising laws prohibiting deception, illegal activity in marketing and untested claims of health benefits.
Imagining that USPS loses its suit against Armstrong because Armstrong himself was not a signatory of the marketing/sponsorship agreement USPS had with Tailwind Sports, then Armstrong might be rightly sued for causing USPS to violate US marketing and advertising laws requiring truthful claims that are not deceptive: Armstrong, associated with the USPS brand, deceived USPS and the public by hiding sports doping.
US marketing and advertising laws prohibit doing anything illegal in the course of marketing. It might be said that the fact that Armstrong broke doping laws (according to the Department of Justice) while acting as part of USPS brand advertising--which they associated with "Lance Armstrong: American hero"--provides significant grounds for action against Armstrong since he admittedly violated US drug and doping laws.
Armstrong may also be connected to violation of US marketing and advertising laws regulating advertised health benefits since association with Armstrong--cancer survivor and founder of Livestrong--may imply health benefits even without overtly claiming health benefits.
Five years in the future, Lance Armstrong would face some major business laws issue one being civil fraud lawsuit. Lance Armstrong is a seven times cyclist winner who confessed in Oprah winfrey show that he was doping. This would be taken against him by the United States Post office and Floyd Landis, his former team mate. In a whistle blower case, Landis would present the doping allegations to court where Lance Armstrong would be required to pay the USA government one hundred million dollars as he was given by the USPS approximately thirty two million dollar in a series of payments from the years 1998 to 2004. The government is entitled to the payment as under the “reverse” false claims law, In this case, it can argue that it was right for the team to refund the money as it there was breach of sponsorship contract due to the use of banned drugs and blood transfusions which helped in enhancing the performance of the athlete. Under the false claims act in the principle of restitution and contract law, the owner of the cyclist was obligated by the law to repay the funds which are link to any breach of the sponsorship where the damages could sum to one hundred million dollars.
In his defense, Armstrong can argue that the lawsuit which is filed by the government is worth nothing as the USPS was not affected in any way by the doping allegations but rather they benefited a lot in terms of sponsorship when compared to what it paid the cycling team. The benefits include but not limited to brand exposure and positive publicist from the USPS gear that was worn by Armstrong as a cancer survivor who worked hard against all odds to win the Tour de France." In addition to that, Armstrong can argue that the court should dismiss the case as the contracts for the sponsorship were between the USPS and Tailwind. Nevertheless, if found guilty, he could lose all his fortunes and livelihood in addition to a bad and damaged reputation.