Reference no: EM133200746 , Length: word count:1650

Question 1 (Suggested Minimum 400 words)

The United States Supreme Court heard a case this fall to determine whether a state's denial of individuals' applications to carry a gun outside the home for self-defense violated the Second Amendment.

Thinking about these issues broadly, discuss and analyze the legality (Constitutionality) of business owners and managers being required by their state to apply to carry a gun outside of their home for self-defense in connection with defending their specific business.

In your own words, describe and discuss what business ethics are and what role business ethics should play in business decision-making, regardless of industry.

In your own words, describe and discuss an approach a business might take in resolving an ethical dilemma and how a business can create and maintain an ethical culture.

Choose and utilize an ethical perspective to describe, discuss and analyze the ethical decision a business owner or manager makes in carrying a gun for self-defense in connection with their business and/or the decision a business owner or manager makes in recommending an employee carries a gun for self-defense in connection with the business.

Should your response require additional information, please identify this information and indicate how this information influences your analysis.

Question 2 (Suggested Minimum 350 words)

In this question, you are part of the beef industry. Specifically, you own a large cattle ranch in northern Oklahoma. In 2021, a new individual was appointed Administrator of the Environmental Protection Agency and another as Secretary of Agriculture. As a part of these appointments, new policies and subsequently rules, are being considered concerning methane emissions from cattle. As an individual in the beef industry, you are very interested in this new potential body of regulations.

In your own words, please explain how administrative agencies, like the Environmental Protection Agency and Department of Agriculture, get their authority to make rules with the full force and effect of laws passed by Congress.

In your own words, please explain why all stakeholders (*stakeholders, not just shareholders) should pay attention to the rulemaking process and how they may participate in the process.

In your own words, please explain the rulemaking process from start to finish that will take place as the Environmental Protection Agency and Department of Agriculture work to add rules and regulations for methane emissions and cattle.

Should your response require additional information, please identify this information and indicate how this information influences your analysis.

Question 3 (Suggested Minimum 500 Words)

GoGo Sandals (GoGo) is a corporation established to make, distribute and sell directly to the customer stylish, athletic and durable sandals. GoGo Sandals relies on Gary Green (Green) for many of its designs. GoGo and Green have an employment contract for Green to design shoes for GoGo for the next twelve months. As a part of the contract, Green does not maintain any of the intellectual property he creates when creating the sandals for hire. Also, Green has a confidentiality agreement as a part of his contract. He cannot share with anyone outside of GoGo any trade secrets held by GoGo, including, price sheets, marketing plans and ideas for new sandals.

Paper Shoes is a corporation established to make, distribute and sell directly to the customer stylish, athletic and durable shoes. Paper Shoes has run into issues with its shoe designers and is looking for a new shoe designer.

Paper approached Green to ask him if he would like to design shoes for Paper instead of GoGo. As part of the new employment with Paper, Green would be allowed to keep part ownership in the shoes he creates. Paper indicated that they would like to know what GoGo has planned for future sandal lines, how they will be marketed, and how GoGo prices their supplies used to make their sandals. They know the details of the employment contract GoGo has with Gary. They are offering Gary a $50,000 bonus to not follow the contract when he comes to work at Paper.

Ultimately, Gary chooses to go work for Paper. GoGo learned that Gary has shared a new design he had just created at GoGo with Paper. Gary has also shared price sheets and future marketing plans with Paper. Gary is also now selling shoes himself online similar to ones he designed for GoGo in the past.

Identify all contractual and tort claims that GoGo Sandals has in this scenario. FULLY explain and analyze whether these claims would be successful.

ADDITIONALLY, identify any decisions involving ethics that were made in these events by GoGo, Gary and Paper. Explain and analyze whether you agree with these decisions and whether or not they were made ethically.

Should your response require additional information, please identify this information and indicate how this information influences your analysis.

Question 4 (Suggested Minimum 400 Words)

As we already saw with Sam Shepard this fall, starting a business is challenging. Creating a new dining and food concept is fun, but also carries legal concerns on top of the woes any business leader finds in launching a new venture. You helped Sam choose an entity that is right for her restaurant concept, Fun! Now, Sam needs help with intellectual property.

As we saw previously, sometimes eating those foods from childhood provides that combination of culinary delight and a positive trip down memory lane. After many years of working in the food, beverage and hospitality industry, Sam Shepard (no relation to the famous actor/writer) plans to open her own restaurant, Fun! Sam intends to be a hands-on owner at Fun! that will begin as a delivery service and food truck serving yummy foods from her family's recipes that she loved as a
child. Sam hopes the future includes traditional restaurant locations, and possibly catering options.

Sam has saved for many years and does not expect to make a large profit for at least the first year and plans to focus on putting almost all profits back into the business for the first two years, but she hopes to expand eventually and possibly take on financial and/or business partners.

To help Sam along more, please answer the following questions.

In your own words, describe and discuss what a trademark is and what it protects.

Describe and discuss whether FUN! has the opportunity to seek trademark protection in this instance and how FUN! should best utilize trademark law protection.

In your own words, describe and discuss what a trade secret is and what trade secret law protects.

Describe and discuss examples of trade secrets Sam may have with Fun!.

Describe and discuss steps that business entities like FUN! should take to protect trade secrets.

In your own words, describe and discuss what a patent is and what it protects.

Discuss whether FUN! possibly has the opportunity to seek a patent at this time.

Discuss what copyright protected works are and whether FUN! should take steps to protect any copyright protected work like artwork found on FUN! t-shirts or hats.

Should your response require additional information, please identify this information and indicate how this information influences your analysis.