Study Document
...Federal laws Law in Business
Source: Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
This article primarily focuses on how employees should treat trade secrets legally. The authors argue that as agents or former agents of companies, employees should not disclose trade secrets or any other important confidently information to anyone. Neither should they use it. However, an employee is free to utilize general skills, knowledge, and/ or experience that he or she may have gained on a current or former job without being accused of trade secret misappropriation. This law is related to two legal concepts: employee mobility and protect competition. Nevertheless, the difference between general knowledge and trade secrets is usually not clear. Even the courts in different jurisdictions have not be consistent about what is what between the……
Edelman, M. (2018). Lack of integrity? Rebutting the myth that U. S. commercial sports leagues have an intellectual property right to sports gambling proceeds. Journal of Law and Business, 15(1), 1-16.
Franck, J-U., & Peitz, M. (2018). Suppliers as forgotten cartel victims. Journal of Law & Business, 15(1), 17-59.
Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
Study Document
… does indeed have significant strengths in as far as its legal claim is concerned. This is more so the case given that Jennifer laws did indeed sign a confidentiality agreement whereby she made a commitment to keep any information gathered relating to the creation of Ever-Gold secret. … be prudent to note that Greene’s Jewelry position would be weak. The subsequent sections of this text not only analyze the facts and laws relevant to the scenario presented, but also evaluate the various facts to be determined. Cases that support the position of Greene’s Jewelry will … various facts to be determined. Cases that support the position of Greene’s Jewelry will also be highlighted.
II. Client’s Case
A. Facts and laws
Jennifer has been sued by Greene’s Jewelry for breach of the confidentiality agreement she signed. In the said confidentiality agreement, Jennifer made a ……
References
Bagley, C.E. (2012). Managers and the Legal Environment: Strategies for the 21st Century (7th ed.). Mason, OH: Cengage Learning.
Chociey, E.F. (2018). The Defend Trade Secrets Act of 2016: An Overview and Analysis of the Statute Establishing a Federal Civil Cause of Action for Trade Secret Misappropriation and Notable Case Law to Date. Retrieved from https://www.lexology.com/library/detail.aspx?g=a6c6cf8f-5d89-4cbd-9c64-82ca38e53006
Justia (2020). Chestnut v. Stone Forest Industries, Inc., 817 F. Supp. 932 (N.D. Fla. 1993). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/817/932/1459432/
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
U.S. Department of Labor (2020). Plant Closings and Layoffs. Retrieved from https://www.dol.gov/general/topic/termination/plantclosings
Study Document
… the womb. Since 1973, when the outcome of Roe v. Wade was settled, abortion has been legal throughout the U.S. as mandated by federal law. Till then, it had been illegal to obtain one. Human life advocates have opposed the Supreme Court decision ever since, arguing that … also view an avenue to legal abortions as safer for women than no avenue at all. For that reason, they tend to support federal funding for organizations like Planned…[break]…those on the side of the pro-choice issue, God’s law does not factor into the equation. Thus, when President ……
Works Cited
BBC. “Virginia late-term abortion bill labelled 'infanticide'.” BBC, 2019. https://www.bbc.com/news/world-us-canada-47066307
Green, Emma. “Trump Sees an Opening With Voters on Late-Term Abortion.” Atlantic,2019. https://www.theatlantic.com/politics/archive/2019/02/trump-decries-late-term-abortions-state-union-address/582127/
Kliff, Sarah. “The new Trump plan to defund Planned Parenthood, explained.” Vox,2018. https://www.vox.com/2018/5/18/17367964/trump-abortion-planned-parenthood-defund
North, Anna. “The controversy around Virginia’s new abortion bill, explained.” Vox,2019. https://www.vox.com/2019/2/1/18205428/virginia-abortion-bill-kathy-tran-ralph-northam
Selk, Avi. “‘Jane Roe’ made abortion legal. Then a minister made her rethink.”
Washington Post, 2017. https://www.washingtonpost.com/news/acts-of-faith/wp/2017/02/18/jane-roe-made-abortion-legal-then-a-minister-made-her-repent/?noredirect=on&utm_term=.35ad2f642945
Tolentino, Jia. “How Abortion Law in New York Will Change, and How It Won’t.” New Yorker, 2019. https://www.newyorker.com/news/news-desk/how-abortion-law-in-new-york-will-change-and-how-it-wont
Study Document
… civil law, the nation’s criminal law represents a legal system which deals with penalizing those who perpetrate criminal offenses. Among the many criminal laws of the nation is its 1994 Violent Crime Control and Law Enforcement Act or, simply, crime bill. The bill’s enactment was, in a … mass shootings that took place in California and Waco, Texas, among other places. A greater number of criminal offenses were categorized, at the federal level, as those calling for a death sentence. Immigration-linked crimes, gangster crimes, hate crimes, and sex crimes were defined and categorized as well, … and reached 10.2 for every…[break]…rate. Figures reveal that a dramatic growth in imprisonment rates, particularly imprisonment of African-American men, began during the 70s; the federal drug war and related laws were enacted in the next decade, with the punishment for usage and distribution of crack cocaine increased (The Establishment, 2016).
Nevertheless, despite these ……
References
Raymond Derrial Madden, Petitioner-appellant, v. United States of America, Respondent-appellee, 64 F.3d 669 (10th Cir. 1995)
Sepulveda v. United States, 69 F. Supp. 2d 633 (D.N.J. 1999)
United States of America, Plaintiff-appellee, v. Joanne Kwi Ye Estes, Defendant-appellant, 166 F.3d 1218 (9th Cir. 1998)
United States v. Madden, No. 92-6206 (10th Cir. Apr. 20, 1993), WL 332262 Books and article
Moore, R. (2017). The new Jim Crow: Mass incarceration in the age of colorblindness. Macat Library.
United States Congress. (1994). Violent Crime Control and Law Enforcement Act of 1994. Public law, (103-322).
Websites
The Establishment. (2016, April 12). About That Controversial 1994 Crime Bill. A Medium Corporation. Retrieved from https://medium.com/the-establishment/about-that-controversial-1994-crime-bill-c17ccfcc25fa
Study Document
Private Security and the Law
Private security operatives are held liable for their actions based on existing federal and state laws. Potential liability for these operatives occur when attempting to stop or arrest criminals or when carrying out their daily operations. The most common ……
References
FindLaw. (2010). State of New Mexico, Plaintiff-Petitioner, v. Luis SANTIAGO, Defendant-Respondent. Retrieved March 24, 2019, from https://caselaw.findlaw.com/nm-supreme-court/1001193.html
Reid, B. (2017, April 14). A Legal Overview of Section 1983 Civil Rights Litigation. The Huffington Post. Retrieved March 24, 2019, from https://www.huffingtonpost.com/entry/a-legal-overview-of-section-1983-civil-rights-litigation_us_58f0e17ee4b048372700d793
Wakefield, J. (2018, April 19). As Alberta’s Private Security Industry Surges, What Happens When Guards Behave Badly? Edmonton Journal. Retrieved March 24, 2019, from https://edmontonjournal.com/news/crime/as-albertas-private-security-industry-surges-what-happens-when-guards-behave-badly
Yee, M. (2018, June 24). Security Guard Liability. Retrieved March 24, 2019, from https://www.legalmatch.com/law-library/article/security-guard-liability.html
Study Document
… treatment of workers is a priority for any employee given that it is a right guaranteed by the Constitution and protected by labor laws. Since this right is protected by the Constitution and existing federal and state laws, employers face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing … face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing labor laws protect employees from discrimination, unfair treatment, retaliation, and other work-related issues. For this large company, making business decisions in consideration of employment protections … essential toward ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company with respect to applicable federal antidiscrimination laws, federal health and safety laws, and state laws is discussed.
Recent federal Legislative……
References
Coble, C. (2015, June 11). Can Undocumented Immigrants Get Workers’ Comp? Retrieved March 12, 2020, from https://blogs.findlaw.com/injured/2015/06/can-undocumented-immigrants-get-workers-compensation.html
Grabell, M. & Berkes, H. (2018, February 7). Florida Bill Seeks to Stop Arrests of Injured Immigrant Workers. National Public Radio. Retrieved March 12, 2020, from https://www.npr.org/sections/thetwo-way/2018/02/07/583995647/florida-bill-seeks-to-stop-arrests-of-injured-immigrant-worker s
Jennings, M. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
Lenard, P.M. (1987). Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution? Fordham Urban Law Journal, 15(2), 533-565.
Lindsay, D.C. & Moore, L.M. (2011). State and Federal Leave Laws: How Recent Legislative Changes Have Complicated Leave Administration. Employment Relations Today, 38(1), 77-90.
Macgillivray, E.D., Beecher, H.J.M. & Golden, D. (2010, December). Legal Developments – Recent Action, Federally and in the Workplace. Global Business and Organizational Excellence, 73-81.
Mello, J.A. (2019, August 9). Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity. SAGE Open, 9(3), https://doi.org/10.1177/2158244019869106
Muhl, C.J. (2001, January). The Employment-at-will Doctrine: Three Major Exceptions. Monthly Labor Review, 3-11. Retrieved from Bureau of Labor Statistics website: https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Study Document
… for drug use. In some states, like Colorado, marijuana use has been legalized. In other states, it is still illegal and even under federal law it is illegal. Thus, in a democracy, the people are ultimately the ones to determine what their laws will be. However, there are definitely organizations that lobby for certain laws to be passed. For instance, prior to Prohibition, there were organizations that lobbied to have alcohol banned and eventually their voices were heard … passed. For instance, prior to Prohibition, there were organizations that lobbied to have alcohol banned and eventually their voices were heard at the federal level.
The responsibility of the law in preventing harm to oneself is ultimately a controversial one in a liberty-loving society. People believe they ……
References
Rindels, M. (2018). How legal prostitution works in Nevada. Retrieved from https://thenevadaindependent.com/article/the-indy-explains-how-legal-prostitution-works-in-nevada
Wilhelm, R. (2019). Effective counsel. Retrieved from https://www.lawyers.com/legal-info/criminal/criminal-law-basics/effective-or-ineffective-assistance-of-counsel.html
Study Document
… Yet, attackers can often mask their footprints and make it appear as though the crime was conducted by another person or country.
State, federal and International laws Related to Cybercrime
The federal Computer Fraud and Abuse Act is the main law that allows for the prosecution of cybercrime. It prohibits unauthorized access to a computer … allows for the prosecution of cybercrime. It prohibits unauthorized access to a computer or security information. The Electronic Communications Protection Act is another federal law that along with the Stored Communications Act makes it a criminal offense to access information with authorization. Hacking, phishing and denial of … Act makes it a criminal offense to access information with authorization. Hacking, phishing and denial of service attacks are all prosecuted under these laws. Most states have taken steps to pass cybercrime bills and the majority of them already have laws on the books regarding……
References
Computer Hope. (2019). When was the first computer invented? Retrieved from https://www.computerhope.com/issues/ch000984.htm
Crane, C. (2019). 33 alarming cybercrime statistics you should know in 2019. Retrieved from https://www.thesslstore.com/blog/33-alarming-cybercrime-statistics-you-should-know/
Schjølberg, Stein. (2017). The History of Cybercrime (1976-2016). Books on Demand.
Statista. (2020). Global digital population. Retrieved from https://www.statista.com/statistics/617136/digital-population-worldwide/
Taylor, R. W., Fritsch, E. J., Liederbach, J., Saylor, M. R., & Tafoya, W. L. (2019). Cyber crime and cyber terrorism. NY, NY: Pearson.
Study Document
… to be careful, however, with respect to how information is shared. The Privacy Act of 1974 regulates how information is collected by the federal government, which means that nurses working in Veterans Affairs have to follow these regulations. Then there is also the Conditions for Coverage of … have to follow these regulations. Then there is also the Conditions for Coverage of Specialized Services by Suppliers, which is part of Medicare laws and requires that patient health information be confidential and private. Patients must give their written authorization before their information can be shared or … Services the ability to regulate the use of Health IT and clinical informatics. Safety, security and quality issues are all overseen by the federal government under HITECH.
Privacy, Confidentiality and Security Issues
One of the challenges facing the field of nursing is how to keep information private ……
References
Cho, O. M., Kim, H., Lee, Y. W., & Cho, I. (2016). Clinical alarms in intensive care units: Perceived obstacles of alarm management and alarm fatigue in nurses. Healthcare informatics research, 22(1), 46-53.
Effken, J., Weaver, C., Cochran, K., Androwich, I., & O’Brien, A. (2016). Toward a central repository for sharing nursing informatics’ best practices. CIN: Computers, Informatics, Nursing, 34(6), 245-246.
Elsayed, W. A., Hussein, F. M., & Othman, W. N. (2017). Relation between nursing informatics competency and nurses’ attitude toward evidence-based practice among qualified nurses at Mansoura Oncology Center. International Journal of Nursing Didactics, 7(6), 26-33.
Drolet, B. C., Marwaha, J. S., Hyatt, B., Blazar, P. E., & Lifchez, S. D. (2017). Electronic communication of protected health information: privacy, security, and HIPAA compliance. The Journal of hand surgery, 42(6), 411-416.
Haupeltshofer, A., Egerer, V., & Seeling, S. (2020). Promoting health literacy: What potential does nursing informatics offer to support older adults in the use of technology? A scoping review. Health Informatics Journal, 1460458220933417.
Kharbanda, E. O., Asche, S. E., Sinaiko, A. R., Ekstrom, H. L., Nordin, J. D., Sherwood, N. E., & O’Connor, P. (2018). Clinical decision support for recognition and management of hypertension: a randomized trial. Pediatrics, 141(2).
Khezri, H., & Abdekhoda, M. (2019). Assessing nurses’ informatics competency and identifying its related factors. Journal of Research in Nursing, 24(7), 529-538.
Kleib, M., & Nagle, L. (2018). Factors associated with Canadian nurses\\\\\\\\\\\\' informatics competency. CIN: Computers, Informatics, Nursing, 36(8), 406-415.
Study Document
… The Center for American Progress (Pearl, 2018) likewise refers to the “disastrous effects” of current drug policy, advocating for widespread reform of drug laws on human rights and social justice grounds (p. 1).
Major themes emerging in the scholarly literature include the deleterious effect of the War … The Center for American Progress (Pearl, 2018) likewise refers to the “disastrous effects” of current drug policy, advocating for widespread reform of drug laws on human rights and social justice grounds (p. 1).
Major themes emerging in the scholarly literature include the deleterious effect of the War ……
References
ACLU (2020). Against drug prohibition. Retrieved from: https://www.aclu.org/other/against-drug-prohibition
“America is At War,” (n.d.). Retrieved from: https://web.stanford.edu/class/e297c/poverty_prejudice/paradox/htele.html
Bambauer, J. Y. (2012). How the war on drugs distorts privacy law. Stanford Law Review 62(2012). Retrieved from: https://www.stanfordlawreview.org/online/how-the-war-on-drugs-distorts-privacy-law/
Benson, B.L., Kim., I., Rasmussen, D.W., et al. (1992, 2006). Is property crime caused by drug use or by drug enforcement policy? Applied Economics 24(7): 679-692.
Best, D., Irving, J. & Albertson, K. (2016). Recovery and desistance: what the emerging recovery movement in the alcohol and drug area can learn from models of desistance from offending. Addiction Research & Theory 25(1): 1-10.
Coomber, R., Moyle, L., Belackova, V., et al. (2018). The burgeoning recognition and accommodation of the social supply of drugs in international criminal justice systems: An eleven-nation comparative overview. International Journal of Drug Policy 58(2018): 98-103.
Coyne, C.J. & Hall, A. R. (2017). Four decades and counting. CATO Institute. Retrieved from: https://www.cato.org/publications/policy-analysis/four-decades-counting-continued-failure-war-drugs
Farabee, D., Prendergast, M. & Anglin, M.D. (1998). The effectiveness of coerced treatment for drug-abusing offenders. 62 Fed. Probation 3 (1998).
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