Study Guide Part 2 (M:37-55)

MCGILLIS v. DEPARTMENT OF ECONOMIC OPPORTUNITY 210 So. 3d 220 (Fla. App. 2017) (M49)

(Employee vs. Contractor) Uber is a technology platform that connects drivers with paying customers seeking transportation services. McGillis served as an Uber driver until Uber revoked his access to the technology based on alleged violations of Uber's user privacy policy. McGillis then filed a claim for reemployment assistance against Uber's wholly-owned subsidiary. Under Florida law, employees are entitled to such assistance; independent contractors are not. After a substantial administrative hearing, the Department of Economic Opportunity held that McGillis was an independent contractor rather than an employee and was not entitled to any payments. McGillis appealed. (Re-Cap) The driver was deemed as a contractor. due to the fact they didn't have set hours, pay or a schedule.

Agency Law - Introduction and Liability for Contracts (M47)

(Employment Contract) *AGENT* - (must have consent) a person employed to act on behalf of another. *PRINCIPLE* (must have consent and capacity) - employer of an agent. NOTE: Principals and agents have a fiduciary relationship, or one of trust and confidence, and law requires good faith from each party. It also requires that neither side keep information that relates to the agency relationship from the other Learning Example: Vince proposes to hire Donny to mow his lawn once a week over the summer for $40 per week. The two sign an agreement to that effect. Vince is the _____________ in this relationship, and Vince __________ need to have capacity for the arrangement to be valid. A. principal; does B. principal; does not C. agent; does D. agent; does not NOTE: As the employer, Vince is the principal, and as such he must have capacity. Donny, who will work on Vince's behalf, is the agent. (A) (Types of authority and agents) - "Contract to honor" Express - "straightforward" It is directly granted by the principal to the agent Example: if I tell Alice Agent to order $25,000 worth of shoes to sell in my shoe store, and if she signs agreements with Nike, Reebok, and Adidas to order the shoes, I am bound by the contracts and must honor them. Her actions are within the scope of her express authority. Implied - "Fill in the gaps" principal has not spoken specifically on a subject but where it is reasonable to assume that the principal would have granted such authority if he or she had thought about it. NOTE: Unless the principal has indicated otherwise, his or her agent has implied authority to do those things that are reasonably and customarily necessary to enable that person to accomplish the overall purpose of the agency Example: Imagine that Agent Alice is my store manager, and that I have given her express authority to purchase inventory, make sales, and manage the store. Now, even though I have never said anything in particular about it, Alice has implied authority to handle matters that are incidental to the main purpose of her job. So, if the plumbing in the store begins to leak, Alice can hire a plumber, and I will be bound to pay for the plumber's services. Apparent - if the principal, by his or her own conduct, has led reasonable third parties to believe that the agent has such authority, the principal may be responsible, because the agent may have apparent authority. Learning Example: Ann Agent works for Pete Principal. Pete tells her, "Drive the company truck up to Dallas, pick up a shipment of widgets from Alpha Co, and bring them back to Austin." As Ann is driving the company truck up to Dallas, it runs low on gas. Ann fills up the tank. Is Pete obligated to pay for the gas? A. Yes, because Ann had express authority to buy the gas. B. Yes, because Ann had implied authority to buy the gas. C. Yes, because Ann had apparent authority to buy the gas. D. No. NOTE: Pete did not directly say anything about buying gas, but refilling the tank was reasonably necessary to carry out Ann's assigned task. (B)

Are Corporations Moral Agents (M52)

(The View That Corporations are NOT Moral Agents) Milton Friedman (Nobel laureate in economics) along with John Ladd and former Chief Justice John Marshall- does not view corporations as moral agents; he argues that only managers and employees as individuals have moral status NOTE: Follow the law, nothing more Example: corporations are artificial beings or creatures of law. *AGENTS OF CAPITAL* - agents of the shareholders who own the corporation and provide its capital. As such, their only duty is to earn as much money as possible for the shareholders, within the limits of the law and customary ethical practices. (The View That Corporations ARE Moral Agents) *GROUP DYNAMICS* - Corporations ARE agents of society "Anti-Milton" *(The Agents of Society View and Corporate Social Responsibility) *CORPORATE SOCIAL RESPONSIBILITY* -"responsiveness/appropriate" it is both appropriate and morally obligatory for corporations to contribute to the correction of problems they did not cause. They place this duty on the corporation as a moral agent, as well as on managers whose individual and group decisions energize the company. *SOCIAL CONTRACT* - corporate social responsiveness is morally required. NOTE: views that corporations ARE agents of society Learning Example: Milton Friedman argued that corporations are agents of _______________. He _______________ argue that corporations should be socially responsive. A. capital; would B. capital; would not C. society; would D. society; would not NOTE: Friedman was a leading advocate of the idea that companies do not owe duties to society, and that corporate leaders should make decisions in such a way as maximize shareholder wealth. (B) Learning Example: The idea of a social contract supports the view that corporations are agents of _______________. The concept of group dynamics as it applies in corporate settings supports the view that corporations are agents of ______________. A. capital; capital B. capital; society C. society; capital D. society; society NOTE: Both ideas support an anti-Friedman view that corporations are moral agents and do owe an obligation to help meet societal needs. (D)

INTEGRATED CASH MANAGEMENT SERVICES v. DIGITAL TRANSACTIONS, INC. U.S. Court of Appeals, 2d Circuit, 920 F.2d 171 (1990) (M40)

(Trade Secret) Plaintiffs-appellees Integrated Cash Management Services, Inc. and Cash Management Corporation (collectively, "ICM") design and develop computer software. ICM's programs are marketed to banks that, in turn, market the programs to the financial and treasury departments of various corporations. ICM develops generic programs that are readily customized to suit a particular client's specifications. It invests millions of dollars in the research and development of these generic programs and in structuring these programs to create its software product. The ICM programs at issue in the present case are: SEUNIMNT, a generic universal database management system; Telefon, a generic communications program; Menu System/Driver, a treasury work station program; and Report Writer, a financial report customizing program. ICM claims to employ a "winning combination" of these generic programs that, it argues, deserves protection as a trade secret. Individual defendants Newlin and Vafa each worked for ICM. Alfred Newlin was employed by ICM as a computer programmer. While an ICM employee, Newlin wrote the Communications and Menu modules of the ICM system. He also assisted in writing the SEUNIMNT program and an initial version of the Report Writer module for ICM. Behrouz Vafa was also employed by ICM as a computer programmer. Vafa's projects as an ICM employee included writing, with Newlin's assistance, SEUNIMNT. Vafa also collaborated with Newlin and others in the early stages of creating Report Writer. Both Newlin and Vafa signed nondisclosure agreements with ICM in which they agreed not to disclose or use any confidential or proprietary information of ICM upon leaving the company's employ. Newlin and Vafa left ICM in 1987 and began working at DTI three days later. Before leaving ICM, Newlin copied certain ICM files onto a personal disk. He took that disk with him without informing ICM. Vafa also left ICM with a copy of source code he had written for ICM. He later destroyed that file, however, because of personal doubts about the propriety of using the code at DTI. Within two weeks of the defendants' commencement of work at DTI, DTI had created a prototype database manager program. This program, and other generic programs subsequently produced for DTI by Newlin and Vafa, were found by the district court to "operate in substantially the same manner as comparable ICM generic programs." The products developed by DTI were similar to those produced by ICM in both the design of component utilities and in overall structure or "architecture." Newlin and Vafa did not copy any of ICM's source code in creating their new programs. Instead, they used the same functional ideas and wrote new computer code that was neither identical nor substantially similar in its expressive elements. Thus, there was no copyright 171 infringement. But, ICM sued DTI, Newlin, and Vafa in federal district court, alleging trade secret misappropriation. The district court found that defendants had misappropriated trade secrets from ICM and had used the secrets in developing DTI's computer programs. Accordingly, it enjoined, for a period of six months, the defendants from utilizing as part of DTI's systems any version of the four utility programs found to include misappropriated trade secret, or from contributing to the creation of any new programs embodying any of these four utility programs. Also, the court permanently enjoined defendants from distributing the four utility programs as they existed on the date of court's decision. Defendants appealed. (Re-Cap) "Negative-know-how; what doesn't work" Even stored memory by employees is misappropriation

University of Texas v. KST Electric, Ltd. U. S. District Court, Western District of Texas, 550 F.Supp.2d 657 (2008) (M38)

(Trademarks) KST was started by Kenneth and Suanna Tumlinson in 1994. They are avid fans of University of Texas athletics and have had season tickets to the football games for many years. They used the "discontinued" Longhorn Logo shown below, and there is a dispute between UT and KST as to whether KST has totally discontinued use of that mark. However, in 1998 KST designed and began to use the so-called Longhorn Lightening (sic) Bolt Logo (or "LLB Logo") shown below. The logo's design consists of a longhorn silhouette with a "K" on the left cheek area of the longhorn, an "S" on the right cheek area, a "lightning bolt T" (spelled "lightening" by KST) in the face of the silhouette, and the words "ELECTRIC, LTD." in the space between the horns. In March 2002, when UT learned of the LLB Logo, UT asked KST to cease using that logo. KST refused. Eventually, in December 2006, UT filed suit. KST filed a motion for summary judgment in its favor. Below is the district court's opinion and ruling on KST's motion. (Re-Cap) (Going to trial) Trademark Infringement, and Unfair Competition (Successful Ruling) Dilution ("Infringement" - likelihood of confusion) Infringement-Anti Dilution

Copyrights (M42)

**COPYRIGHTS* - last for the lifetime of a creature + 70 years (Assignment) - if transferred can be terminated 35 to 40 years after signed over NOTE: Work-for-hire is "company owned" only last for 95 years from publication or 120 years from creation. (whichever is shorter) *Joint Author* - single joint author can "act on behalf if other" Learning Example: In January of 2020, Ron is hired by a television network to write a screenplay as a work for hire for an upcoming episode of one of their popular programs. He delivers the work, and the episode is filmed and airs later in the year. Also in 2020, Ron writes and publishes a science fiction novel. Ron passes away in 2040. Will the copyright on the screenplay or the novel expire first? A. The screenplay B. The novel C. They will expire at the same time. NOTE: The copyright on the screenplay will expire in 95 years because it is a work for hire, so it expires in 2115. The copyright on the novel will expire 70 years after Ron's death, or in 2110. (B) Learning Example: Alice buys a copy of the game Elf War on CD-Rom. She makes a single backup copy and gives the copy to her sister. Has Alice violated the game's copyright? A. No, because consumers are allowed to make a single backup copy. B. No, because of the fair use defense. C. No, for reasons A and B. D. Yes NOTE: A backup copy is allowed, but it cannot be given to another person, including a family member. And since she copied the entire game and reduced the market for new copies (now her sister has no further need to buy her own copy), Alice has not made a fair use of the software. (D)

Ethics, Part 1 (M50)

**ETHICS* - employers are cognizant of the cost they will bear for employees acting unethically. NOTE: (Equal Protection) reward them if they are acting ethically, and punish if they are not (Ethical Dilemmas) **UTILITARIANISM* - (Jeremy Bentham and John Stuart Mil) "the greatest good for the greatest number." NOTE: Utilitarianism and other approaches that concentrate on the consequences of moral choices are termed, naturally enough, consequentialist theories. Example: killing an innocent healthy person and harvesting his organs might save the lives of several other individuals who need organ transplants to survive, thus creating a net gain in lives preserved *DEONTOLOGICAL ETHICS* - (German philosopher Immanuel Kant) treat others as we would wish to be treated, a wisdom embodied in the Golden Rule. Virtually every major religion in the world has some version of a treat-others-as-you-would-wish-to-be-treated standard. NOTE: Never lie even in the face of danger Example: you are hiding your next door neighbor from her abusive husband and he appears on your doorstep wielding an ax and asking if you know where his wife is? Most people would believe that telling the truth, while wonderful as a general practice, would be an inappropriate response in this situation. *VIRTUE ETHICS* - (Aristotelian) each person should focus on developing and practicing important virtues such as honesty, integrity, truthfulness, reliability and so on. NOTE: If a person embodies these virtues, the ethical decisions he or she makes will likely be good ones Example: In the Batman movie The Dark Knight, Batman struggles to decide whether to kill the Joker, who seems to exist only to cause chaos and carnage. Ethicists Mark White and Robert Arp write: NOTE: virtue ethics ... would highlight the character of the person who kills the Joker. Does Batman want to be the kind of person that takes his enemies' lives? If he killed the Joker, would he be able to stop there, or would every two-bit thug get the same treatment? Learning Example: Rex tries to make decisions in such a way as to benefit as many people as possible. Sam tries to treat everyone as he would wish to be treated. Rex takes a _________________ approach to decision making, and Sam follows a ______________ approach. A. utilitarian; utilitarian B. utilitarian; deontological C. deontological; utilitarian D. deontological; deontological NOTE: Doing the greatest good for the greatest number is the goal of utilitarianism. Following moral rules, such as the Golden Rule, is the hallmark of deontological ethics. (B) (The Moral Minimum) "Lawrence Kohlberg" - a set of general standards that constitute the ethical minimum necessary for the functioning of civilization. NOTE: do not require justification Honesty "Economic Wellbeing" - The notion that one should correctly represent the facts is so firmly ingrained in human relations that we expect a justification for not doing so. Loyalty - relationships are not forced upon us; we consent to them either explicitly or implicitly Example: employee's relationship with her employer, the corporate manager's relationship with the company's shareholders, and each business partner's relationship with the other partners. NOTE: (A moral duty of loyalty is based on two facts:) First, a legitimate expectation that we will further his or her interests. Second, the ability to cause serious harm if we do not act in that person's interests. Keeping Commitments (Social and commercial relationship) - when a promise is part of a legally enforceable contract there are consequences for breaking it. Doing No Harm -(our actions inaction may harm legitimate actions interest of others (r physical, economic, and emotional well-being, as well as in their property, privacy, and reputation.) Learning Example: The general standards that constitute the smallest amount of ethical conduct necessary for the functioning of civilization are referred to as ______________________. These standards ____________ require defense or justification. A. the moral minimum; do B. the moral minimum; do not C. virtue ethics; do D. virtue ethics; do not NOTE: If people do not comply with these standards, they help diminish the social and economic relationships that cause a society to function effectively. As such, these principles do not require defense or justification. (B)

Agency Law - Negligence Liability (M48)

**INDEPENDENT CONTRACTOR* - employers are normally not held responsible **EMPLOYEE* - Employers are normally held liable NOTE: (ALWAYS liable when using ultrahazardous material, contractor or employee Learning Example: Bredeson teaches at UT and also writes textbooks for different publishers. While at UT, he has regular teaching and committee assignments. He reports to a department chair and a Dean, and he is paid a regular salary. While working for UT, he is an _________________. When writing the books, he is commonly paid a flat rate per project. "We'll pay you X number of dollars to write a 300-page textbook on business ethics by June 1," the publisher might say. The publishers typically do not set specific hours, and he does not typically have the writing managed while it is being done. While writing the books, Bredeson is an __________. A. employee; employee B. employee; independent contractor C. independent contractor; employee D. independent contractor; independent contractor NOTE: The teaching work meets all three of the main criteria for employees, and the writing meets all three for contract workers. (B) *STRICT LIABILITY* - Activities deemed to be inherently dangerous include blasting, using deadly chemicals, or working on buildings in populated areas where people must pass below the activity. NOTE: This exception creates legal liability for principals (employers) in order to motivate them to hire qualified independent contractors to perform hazardous activities

Patents (M41)

**PATENT* (must apply -PTO) - last 20 years, not renewable - protects/locks down exclusive rights for certain information. Novelty - Not in use Nonobvious - surprising or contrary to conventional teachings (Requirement) Utility - achieve a useful result (Non-Patentable) "Natural Material" Learning Example: Tom discovers a new type of tree while exploring deep in a forest on a remote island. No one appears to have used it for anything before, and Tom would like exclusive rights to sell the wood. Sarah creates a new wood-like product in her lab. It is substantially stronger than any known natural wood. Can Tom and Sarah obtain patents that will cover their respective discoveries? A. Tom can receive a patent B. Sarah can receive a patent C. Both Tom and Sarah can receive a patent D. Neither Tom nor Sarah will receive a patent NOTE: Newly created substances are patentable, but naturally occurring substances are not (B) (Patent Infringement) - "literal infringement = all elements" (Doctrine of equivalents) - "substantially equivalent" replacement of 1/7 elements Learning Example: Roger copies 6 of the 7 elements of Barbara's patent, but does not have anything that is the substantial equivalent of the 7th element in the patent. Which of the following is true? A. Roger has literally infringed on Barbara's patent. B. Roger has violated Barbara's patent under the doctrine of equivalents. C. Both A and B. D. None of the above NOTE: All elements must be copied for literal infringement to have occurred. And, since at least one element is not substituted with a substantial equivalent, Roger has not committed a doctrine of equivalents type infringement. (D)

Trade Secrets (M39)

**Trade Secret* - any type of knowledge that is not generally known/readily available through legal means. NOTE: Trade secrets last forever if "reasonable security" is in place Learning Example: Let's add some facts to the hypothetical we have used before. Walter makes watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He works alone for countless hours, and does not share his work with anyone. The new configuration was very difficult to dream up, and required a significant amount of expertise and imagination. He calls the new watch the "Neptune", and plans to start selling it in his shop. It starts selling very well very quickly. Is Walter's design the kind of thing that can be protected as a trade secret? A. Yes B. No NOTE: The watch design checks all 4 boxes from the items listed above the example. (A) Learning Example: DuPont was constructing a large refining plant designed to enable the use of its new, secret process for producing methanol. Someone who knows a great deal about such refining processes could figure out how DuPont's new process worked by seeing and studying the facility under construction, and so DuPont put security measures in place as the plant was under construction, including a privacy fence around the construction site, restricted access with locked gates, ID checks, and guards who patrolled the perimeter. But, a competitor rented a small airplane, flew over the construction site, and took aerial photographs. (In more modern times, drones would make this kind of thing much, much easier.) DuPont sued. The defendant competitor claimed that the plant design should not count as a trade secret because DuPont did not take reasonable steps to protect the design. Will the plant design be determined to be a trade secret? A. No, because it is not the kind of thing that can be a trade secret. B. No, because DuPont did not take reasonable measures to protect the design. C. Yes NOTE: The plant design clearly gives DuPont an advantage and is the kind of thing that can be protected as a trade secret. And, although DuPont did not have perfect security, it took a significant number of measures to keep prying eyes away from the construction site. It could perhaps have built a dome over the sight, but extreme measures are not required to meet the four part reasonable security standard. (C)

Other Federal Employment Statutes (M46)

*AGE DISCRIMINATION in EMPLOYMENT ACT* (ADEA) (20 employees MINIMUM) - protects discrimination based on age against anyone age 40 or older. *AMERICANS with DISABILITIES ACT (ADA) - comprehensive protection against discrimination to persons with disabilities "ANYWHERE" NOTE: although alcoholism and drug addiction can constitute disabilities, the ADA expressly provides that a "current user" of alcohol or illegal drugs is not protected by the law. And so, an alcoholic who shows up at work intoxicated or an employee who fails a drug test is likely not protected. Learning Example: Gary is 50 years old, and is addicted to opioids. One morning, he takes a massive dose of Oxycontin, and when he arrives at work, he crashes his car into his boss' SUV. "That's it - you're fired!" yells the boss. Which of the following laws can Gary use to get his job back? Assume that Gary's company has 40 employees. A. The ADA B. The ADEA C. The Civil Rights Act D. None of the above NOTE: Gary has not been fired over a covered disability, so the ADA is out. Addiction can be covered, but the "current use of drugs," by definition, is not covered. Gary is over 40, which is the minimum age for ADEA coverage, but nothing in the question indicates that his age is a reason for his firing. The Civil Rights Act also will not work, because Gary has not been fired due to any factor covered by that statute. (D) **Family and MEDICAL LEAVE ACT (FMLA) (50 employees MINIMUM) - allows workers with at least 1 year of service at a company to demant UPTO for medical situations Example: 1. the birth of a child and to care for the newborn child within one year of birth; 2. the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; 3. caring for the employee's spouse, child, or parent who has a serious health condition; 4. a serious health condition that makes the employee unable to perform the essential functions of his or her job; **EMPLOYEE DRUG TESTING* - Workers who fail drug tests are not "covered" by a specific federal statute in the way that disabled workers are covered by the ADA. NOTE: Drug tests are not always accurate, and the analysis of urine, blood, or hair specimens can reveal private information about the subject that has nothing to do with the use of illicit drugs. Example: If the test produces a false positive result, and the employer reveals it to others without a legitimate interest in knowing it, the employer may be liable for defamation. In some cases, carelessness in the administration of the test or use of the results may cause the employer to be liable for the tort of negligence. Note: private companies can usually conduct drug tests if they wish, and can discipline employees who fail or refuse to take drug tests as they see fit. Learning Example: Angela is nearly nine months pregnant. She has worked for her current employer on a full time basis for the last 12 months, and her company has 16 employees. She would like to take the next nine weeks off from work. Evaluating only under the Family Medical Leave Act, what problems do you see with her expectations? A. The FMLA allows leaves only for illnesses and not for childbirth. B. Angela has not worked for her employer long enough to demand leave. C. Angela's company is not large enough to be required to comply with the FMLA D. Angela can claim up to six weeks of leave, but not the nine she desires. E. All of the above are true statements. NOTE: On employment law questions, always pay attention to the size of the company - most statutes in this area have minimum size rules. For the FMLA to apply, a company must have at least 50 employees, so Angela's company is not covered. (C)

Difficulties in Ethical decision Making (M51)

*BEHAVIORAL ETHICS* - behavioral psychology, cognitive science, evolutionary biology, primatology to learn how people make ethical (an unethical) decisions. *OBEDIENCE to AUTHORITY* - (following orders) Stanley Milgrim shock test "mindful of human tendency to defer to authority" (guard against its potentially corrosive influence) NOTE: Enron case employees (agent of external authority) *CONFORMITY BIAS* - "If everybody jump would you (most would due to influence)" NOTE: People take cues as to proper behavior based on others. Example: Soloman Asch - "Desire to fit in" (kids choose the wrong answer even though they knew it would wrong, due to others choosing the incorrect answer) Be mindful, fight it and blow the whistle! *OVERCONFIDENCE BIAS* - Anything to please the boss, to get it done or win. NOTE: Overconfident executives with unrealistic beliefs about their future, are more likely to commit fraud "SHORT CUTS" *SELF-SERVING BIAS* - gather information, process information, and even remember information to advance our self-interest and support our pre-existing views. NOTE: Self interest clouds moral judgement of that of well intended people *INCREMENTALISM* - the slippery slope, also called the "boiling frog" syndrome Example: if you drop a frog in a pot of boiling water it will jump out but if you put it in a pot of cool water and gradually turn up the heat the frog will eventually cook to death because of an inability to detect the gradual increase in water temperature. NOTE: Research indicates that German doctors who participated in euthanasia of "undesirables" in the Nazi era were generally introduced to the process slowly. They were not initially asked to perform the deed themselves. Rather, they were first brought to the place where the work was done. Until eventually they worked their way up to the killing themselves. Learning Example: A child says, "All my friends are allowed to text as late as they want to!" Her parents reply, "If everybody else jumped off a cliff, would you jump, too?" The child is forming her belief about acceptable conduct through a filter of... A. obedience to authority B. conformity bias C. groupthink D. the false consensus effect NOTE: The conformity bias tells us that people tend to take their cues as to proper behavior in most social contexts from the actions of others. (B) *FALSE CONSENSUS EFFECT* - the tendency to believe that other people think the same way that we do. Learning Example: A recent study found that people who are in the center of social networks, who acts as brokers of information for others in the network, are more likely to believe that these others share their moral judgments than are other members of the networks. This finding indicates that people at the center of social networks are especially susceptible to the phenomenon of A. obedience to authority B. conformity bias C. groupthink D. the false consensus effect NOTE: This effect is the tendency to believe that other people think the same way that we do. Because of it, honest people often believe that, if they are honest themselves, then others will be honest as well. (D)

Discrimination Law, Part 2 (M45)

*DISPARATE TREATMENT* - Intentionally discriminated based on or any of the civil rights act. "Punitive Damages" Learning Example: Sid works at a day care. Most of his coworkers are women. By all accounts, he does a good job caring for the children in his care. One night, the owner of the day care runs into Sid outside a movie theater. Sid is smoking. The owner fires Sid on the spot, citing a strict no smoking policy that is part of Sid's employment contract. "We can't have smokers around the children," she says. The next day, the owner hires a woman to take over Sid's duties. Sid sues. He argues that lots of his coworkers, men and women, smoke when off-duty. He presents evidence that 3 men have been caught smoking in the last few years, and 5 women. The men were all fired, and none of the women were fired. Which of the following is probably true? A. Sid has established a prima facie case of disparate treatment discrimination. B. The employer will be able to rebut the prima facie case by arguing a legitimate business reason for the firing (the violation of the no smoking policy) C. Sid will be able to argue that the rebuttal is a mere pretext for his firing. D. A and B E. A, B, and C. NOTE: Sid probably has plenty of evidence to survive an attempt to have the case dismissed. And the owner, because Sid violated a term of his employment contract, can probably rebut the initial claim. But if it is true that men who break the rule are fired and women are not, Sid can probably successfully assert that the owner's stated reason for firing him is a mere pretext for intentional discrimination based on gender. (E) *SEXUAL HARASSMENT* - two types are referred to as "quid pro quo" and "hostile work environment" sexual harassment. NOTE: suing the company, not the individual. (unless it's a tort lawsuit - direct) *QUID PRO QUO* - "something for something" and refers to the situation in which continued employment, a favorable review, promotion, or some other tangible job benefit is explicitly or implicitly conditioned upon an employee's positive response to a requested sexual favor NOTE: "Boss", supervisor or manager, offer promotion, or tangible job benefit with sexual advances or demands for sexual conduct *HOSTILE WORK ENVIRONMENT* - (Happens in the OFFICE) - unwelcomed sexually oriented language, conduct and dirty jokes by co-workers, managers or boss. NOTE: Opt-Out - constructive discharge by employee is backed by the Supreme Court Learning Example: Ted is Jane's boss. Almost every week for the last two years, he has started the Monday morning meeting with a dirty joke. Most of them are about sex. Jane has had enough. Which of the following types of sexual harassment has Ted probably committed? Assume that the company does not have any particular sexual harassment policy. A. quid pro quo B. hostile work environment C. both A and B D. none of the above NOTE: Although bosses are the usual perpetrators of quid pro quo harassment, no sexual advances or demands for sexual contact were made here. But, persistent dirty jokes likely meet the severe or pervasive requirement, and Ted has very likely created a hostile working environment. (B)

Discrimination Law, Part 1 (M44)

*EMPLOYMENT AT WILL DOCTRINE* - companies can fire employees at ant time for any reason other than: 1. National Origin (country) 2. Race (Black, Hispanic, foreigner) 3. Color (black, brown, white) 4. Religion (Faith/Views) 5. Sex (M/F - LGBTQX) Learning Example: Consider the following three employees. -Ann was fired in 1960 because of her religious faith. -Ben was fired in 2018 for objectively poor work performance. -Carl was fired in 2018 because of his religious faith. Which of them would have been in a good position to sue under the Civil Rights Act and win their case? A. Ann only B. Ben only C. Carl only D. A and C E. B and C NOTE: Ann's firing happened before the Civil Rights Act existed. Ben's firing was not related to anything prohibited by the Civil Rights Act, and so under the employment at will doctrine his firing is acceptable. Carl has a valid claim. (C) **Title VII of the 1964 Civil Rights Act* (has to have 15 or more employees) - prohibits discrimination by most employers. NOTE: In addition to forbidding discrimination based on religion, the Civil Rights Act also requires an employer to make "reasonable accommodations" for employees' religious beliefs and practices. Example: 1. National Origin (country) 2. Race (Black, Hispanic, foreigner) 3. Color (black, brown, white) 4. Religion (Faith/Views) 5. Sex (M/F - LGBTQX) Learning Example: Consider the following three businesses and organizations: -A church requires that employees in its youth ministry be Christians. -A large computer manufacturer requires that its employees be Christians. -A small dry cleaners that employs 10 people requires that its employees be Christians. Which of these could be successfully sued under the Civil Rights Act? A. The church B. The computer manufacturer C. The dry cleaners D. B and C E. A, B, and C NOTE: The church, as a religious organization, can discriminate in favor of members of its own faith. The dry cleaning business is too small - with fewer than 15 employees, it is exempt from Title VII. The computer manufacturer is acting illegally. (B)

Introduction to Intellectual Property and Trademarks (M37)

*Intellectual property law is based on several fundamental concepts. 1. intellectual property law protects certain types of knowledge, ideas, and expressions by granting rights to creators. 2. when someone else violates these rights, the violator is engaging in a type of competition that has been declared unlawful. Experience has taught us that some conduct which enhances competition in the short run may actually harm competition in the long run. Imagine that a company invests time, energy, and money in coming up with a new invention that provides a benefit to society, and a copycat begins making and selling the same product. If the inventing company has no way to protect its investment, it is less likely to make the same kind of investments in the future. In many sectors of the economy, the most important type of competition is the competitive rivalry to innovate. 3. even though there is a general consensus that intellectual property laws benefit society in the long run, such laws can go too far. If, for example, too many patents are granted on inventions that really don't deserve such protection, society pays the short-term price of less competition but does not receive the long-term benefits from genuine innovation. The best system provides protection to intellectual property that is no greater than is necessary to create and maintain adequate incentives to innovate and create over time. No system is ideal. No nation's intellectual property laws, including the United States', are perfect. Most experts continue to believe, however, that societies are better off with imperfect laws than without them. **TRADEMARKS* - protect four things; distinctive words, phrases, symbols, and devices. NOTE: Trademarks last forever if maintenance, renewal and (timely) files all documents. Learning Example: Walter makes watches. No smart watches, digital watches, or even battery powered watches for him - he works with tiny gears and makes old fashioned mechanical watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He calls the new watch the "Neptune", and plans to start selling it in his shop. Which of the following can Walter probably trademark? A. The design for his new kind of gear movement B. The name of his new kind of watch: "Neptune" C. Both A and B NOTE: Product names are often trademarked. Designs and inventions are usually protected as trade secrets or with patents, which are described over the next two modules. (B) (Protectability of Marks) **GENERICIDE* - "losing protection" Owners brand/not general description/type of good or service (Companies are proactive to fight to keep) 50+ years *GENERIC* - "Describes an entire class" not initially deemed generic, becomes over time. Example: Water or Apples (actually selling the described term) (NOTE PROTECTABLE) *DESCRIPTIVE* - "Secondary meaning" - Ex. Dell (PROTECTABLE) *SUGGESTIVE* - "Suggest rather than describe" - Ex. Morning Blast (Energy Drink), Roach Motel (Roach Bait) *ARBITRARY* - "Fanciful" - Apple (Phone), Camel (Cigarettes), Shell (Gas) Learning Example: Walter makes watches. No smart watches, digital watches, or even battery powered watches for him - he works with tiny gears and makes old fashioned mechanical watches. One summer, he invents a new configuration of gears that allows for a watch to keep track of multiple time zones in an entirely new way. He calls the new watch the "Neptune", and plans to start selling it in his shop. What type of mark is "Neptune"? A. generic B. descriptive C. suggestive D. arbitrary NOTE: The name "Neptune" as applied to the watch has no relationship to the planet Neptune or the mythical figure Neptune. As such, it is an arbitrary mark like Apple for electronic devices. (D)

How to Encourage Employees to Act Ethically (M53)

Learning Example: According to an example in the module, in the 1990s, leaders at Sears Auto Centers set aggressive goals that caused many Sears employees to widely overcharge for work and to perform unnecessary repairs. Other similar examples involved Washington Mutual and Wells Fargo. The problem at the heart of the companies' troubles was... A. Failure to adopt a code of ethics B. Improperly structured compensation C. A lack of effective ethics training D. None of the above NOTE: Each company put compensation structures in place that incentivized wrongful behavior by employees. (B) Learning Example: Which of the following tend to increase the chances that employees will act ethically? A. Hiring ethical people B. Treating employees well C. Adopting a code of ethics D. Conducting effective ethics training E. All of the above NOTE: All four tend to make it more likely that employees will behave ethically (E)