The basic of law and the court system:
In a business context, there are thousands of legal claims which take place often in a company’s course of operations. Often, the management team should come to altogether to find out if a lawsuit is warranted. Choose 1 of the given situations, and analyze the costs and advantages of the decision to bring or settle a lawsuit by the company. As a key member of the management team, you will require to lead the others to a conclusion via your research.
Situation 1: The small printing company which you do business with recently declared bankruptcy. You paid your invoice of $150,000 for 500,000 color brochures, in full, before the printer sought bankruptcy protection. The problem is that only 365,000 brochures were delivered. The printer claimed the remaining brochures were in route. The shipment was assumed to arrive 3 weeks ago.
Situation 2: One dismissed employee claims which she was treated unfairly by being asking to work overtime with no pay. She was a salaried, exempt department manager. She claims that she was asked to travel to the other location to help set up different events for a client and that she should have been paid overtime as it was outside her regular duties. She is seeking $18,000 in unpaid overtime.
Students must analyze 1 scenario and make an argument which studies the given factors regarding the lawsuit:
A) What is the probability of winning or losing the case? Why?
B) How much money do you estimate the company will win or lose if the case goes to court?
C) Estimate the lawyers’ fees and other litigation costs.
D) Estimate the amount of time lost by company personnel.
E) List two factors which seem unique to this specific scenario.
F) Consider the long-term effects of the reputation and relationship of your company with its constituents.
G) Consider possible psychological costs related with lawsuits.
Intellectual property refers to creations of the mind like inventions, artistic and literary works, designs and more used for profit. There are two categories of intellectual property: industrial property, like product trademarks and patents and copyrights comprising plays, music, drawings, novels and more.
Choose 1 of the 2 situations and describe how intellectual property law can be applied, with illustrations. This is significant to you as you have intellectual property which you have generated and it is valuable to you both personally and professionally.
Situation 1: Dr. Joe Scientist has worked for you at your pharmaceutical company for a decade. He has been privy to different company trade secrets in drug development over the years, as well. As a brilliant researcher, he has recognized some new compounds recently in the drug discovery process to aid in future development of some very profitable products for the company. He is angry that you have not promoted him and this has created some contention between you and his colleagues. Lately, a competitor recruited Dr. Joe to come to work for it with the promise of twice the salary and a lead scientist job title. He has ultimately made his decision and informs you that he will be leaving the company in two weeks.
Your next step is to work with the legal department to design a termination agreement around intellectual property. You are very concerned that he is going to give up some company trade secrets.
A) List two key components that should be included in the contract to protect the company, and describe why.
B) Consider what intellectual property comprises relative to this scenario. If Dr. Scientist shares any company trade secrets with his new company, can your company recover profits?
C) How can you prohibit Dr. Scientist from divulging any company trade secrets?
D) Add another observation regarding intellectual property which applies to your analysis.
Situation 2: A few years ago, you took an online creative writing class and wrote a poem to fulfill one of the class assignments. A part of the assignment needed that you post your poem to the discussion board so that your student colleagues could critique it. One year later, you are thumbing via your favorite Poetry Anthology Journal, and you realize that the poem you are reading is familiar—however, it is your poem from the creative writing class. You are trying to keep in mind if you took your instructor’s advice on copyrighting the poem.
Make an analysis to determine if you have a legal case or any recourse regarding intellectual property law.
Answer the given problems in the case:
A) What type of intellectual property is a poem?
B) What is copyright infringement?
C) What acts apply to copyright infringement?
D) How does the Fair Use Doctrine apply to copyrights?
E) Add another observation regarding intellectual property which applies to your analysis.