ADM 477 Indiana Wesleyan University Trade Secrets Business Law Essay

ADM-477: Business Law

Getting Started

Ace Market-to-Market (Ace) is a public relations firm on the East Coast. The company has invested heavily in its extensive client list. It actively restricts access to this information by allowing only designated employees to have passcode access to the client database. Ace encourages its employees to use its company-sponsored social media account on NetWORX to connect with clients. Devon is a public relations manager who has approached you with concerns he has about the company’s NetWORX account. Devon knows that former public relation reps stay in contact with the many professionals they have met over the course of their employment with Ace. Some current public relations reps have expanded their social media contacts by making their Ace profiles public. Devon thinks this will mean trouble for Ace in the long run. He asks for guidance about how to better protect the company’s client list.

Devon’s concerns are understandable. After all, Ace’s former employees and business competitors could very well poach Ace’s clients because of the lack of confidentiality. As a general rule, if a company has invested in its development and has kept the information confidential, the company’s client list is protected under intellectual property law. Ace’s situation is unique in that it is not dealing with a traditional Rolodex-based client list. Its client list is a virtual one that is interconnected with social media. To protect its interest, Ace must do the following:

• Institute a policy stating that Ace’s social media account is proprietary, confidential, and the sole property of the company.
• Ensure that employees use Ace’s social media account for business purposes only and that they do not intermingle their personal contacts with Ace contacts.
• Monitor employee use to ensure that their company-sponsored NetWORX accounts have proper privacy settings and are not widely accessible by the public at large.
• Terminate social media access for those individuals who are no longer employed with the company.

Upon successful completion of the course material, you will be able to:

• Explain the legal protection available to the holder of a trade secret.

Resources

• Textbook: The Legal Environment of Business
• Video & Transcript: Designer Says Ex Stole Secrets for Rival Line

Background Information

When individuals engage in the creative and/or intellectual process, the resulting products are known as intellectual property. The various forms of intellectual property include copyrights, trademarks, patents, and trade secrets. One of the underlying policies for promoting legal protection of intellectual property is that it promotes investment in innovation and encourages creativity.

In today’s business environment, companies are becoming more concerned about protecting their intellectual properties. Some common business practices include limiting who has access to sensitive information, creating non-disclosure agreements with employees, and actively monitoring the use and distribution of their products and services.

Intellectual property laws provide a way individuals and businesses can seek legal remedies when intellectual property rights have been infringed.

Instructions

1. Review the rubric to make sure you understand the criteria for earning your grade.
2. In your textbook, The Legal Environment of Business, read Chapter 9, “Intellectual Property.”
3. View the video “Designer Says Ex Stole Secrets for Rival Line.”Transcript of the video.
4. Use the Internet to locate and select a tort case involving misappropriation of a trade secret.
5. With respect to the case you select, explain what a tort is and define misappropriation of a trade secret.
6. Prepare a one- to two-page paper covering each of the following elements:Facts of the caseProcedural history of the caseQuestion(s) of law before the courtThe court’s rulingWhy you either support or oppose the court’s ruling
7. Your one- to two-page research paper should contain 250 to 500 words. Follow APA formatting, including use of 12-point font. Correct use of citations and references is required.
8. When you have completed your assignment, save a copy for yourself and submit a copy to your instructor using the Assignment submission page by the end of the workshop.

1/19/22, 12:56 PM
Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Course Assignments
Course: 4WI2021 Business Law (ADM-447-01B)
Criteria
Content
Level 4
Level 3
Level 2
Level 1
30 points
25 points
20 points
15 points
(26–30 points
possible)
(21–25 points
possible)
(16–20 points
possible)
(0–15 points possible)
You address all of the
requirements of the
assignment.
You address most of
the requirements of
the assignment.
You address some of
the requirements of
the assignment.
You address few or
none of the
requirements of the
assignment.
You display excellent
organization.
You display very good
organization.
You display good
organization.
You do not display
effective organization.
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
Criterion Score
/ 30
1/3
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Criteria
Critical Thinking
Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Level 4
Level 3
Level 2
Level 1
20 points
15 points
10 points
5 points
(16–20 points
possible)
(11–15 points
possible)
(6–10 points possible)
(0–5 points possible)
You demonstrate clear,
insightful critical
thinking when you:
You demonstrate
competent critical
thinking when you:
You demonstrate
limited critical thinking
when you:
You demonstrate little
or no critical thinking
when you:
Examine key
issues.
Scrutinize the
meaning of the
information.
Apply relevant
criteria to the
problem or
issue.
Describe key
issues.
Describe the
content of the
source
materials.
Describe the
meaning of the
information.
Define the
criteria and
reasoning used
to make
judgments.
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
Mention key
issues.
Record the
content found
in the source
materials.
Identify
potential
meanings of the
information.
Identify criteria
used for making
judgments.
Criterion Score
/ 20
Do not raise key
issues.
Miss key source
materials.
Ignore or
misrepresent
the meaning of
the information.
Do not use
criteria or use
invalid criteria
for making
judgments.
2/3
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Criteria
Grammar, Spelling,
Length, and
Citation
Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
Level 4
Level 3
Level 2
Level 1
10 points
7 points
4 points
2 points
(8–10 points possible)
(5–7 points possible)
(3–4 points possible)
(0–2 points possible)
Your sentence
structure is complete,
with correct spelling,
punctuation, and
capitalization, and
varied diction and
word choice.
Your sentence
structure has minor
errors (fragments, runons), with correct
spelling, punctuation,
and capitalization, but
limited diction and
word choice.
Your sentence
structure has several
errors in sentence
fluency, with multiple
fragments/run-ons and
poor spelling,
punctuation, and/or
word choice
Your sentence
structure has serious
and persistent errors in
sentence fluency,
spelling, punctuation,
and/or word choice.
Your assignment
length is correct, with
minor errors in APA
formatting.
Your assignment
length is inadequate,
with several APA
errors.
Your assignment
length is correct, with
correct APA
formatting.
Total
Criterion Score
/ 10
Your assignment
length is inadequate
with several APA
errors.
/ 60
Overall Score
Total Points
0 points minimum
https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
3/3