Question description<\/p>\n
Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene’s Jewelry Wholesale,
\nLLC. The principal place of business for Greene’s Jewelry is in Derry, New Hampshire, where it owns a warehouse and two storefronts.
\nOriginally started in 1957, the company expanded over five decades, and it now employs 502 individuals in a variety of departments, including sales and
\nmarketing, research and development, human resources, and manufacturing.
\nThe primary asset of Greene’s Jewelry is its patented process for creating a synthetic gold-colored material called “Ever-Gold,” which is used in Greene’s
\nnecklaces, rings, earrings, and bracelets. Ever-Gold is impervious to scratches, discoloration, oxidization, and is marketed as “everlasting gold.”
\nJennifer Lawson, who has been employed for three years as a junior executive secretary in the research and development department at Greene’s Jewelry, has
\njust learned that she is pregnant. She has earned high marks on each of her annual reviews with the company, with the exception of the fact that she routinely
\nshows up 15 to 30 minutes late for work. Otherwise, she is deemed to be professional, articulate, diligent, and skilled in her role with the company. When Lawson
\nadvises the head of human resources, Lisa Peele, that she may have to take additional time off as a result of some high-risk factors that she will face during the
\ncourse of her pregnancy, she is told that her position has been eliminated. The specific words are: “Congratulations Jennifer! That is exciting news for you. We do
\nnot need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our
\njunior executive secretaries.”
\nJennifer is distraught, and immediately returns to her desk to clear it out as instructed. She removes all of her personal items, as well as the projects she was
\nworking on prior to her discussion with Lisa Peele. When she returns to her home, she realizes that she has inadvertently taken a draft letter to Greene’s patent
\nattorney, which details the secret process for creating Ever-Gold.
\nAlthough Greene’s Jewelry requires all of its executives to sign covenants not to compete and confidentiality agreements, Jennifer was only required to sign a
\nconfidentiality agreement, by which she agreed never to disclose any information that she might acquire from Greene’s regarding the process used to create
\nEver-Gold.
\nPanicked, and knowing that she needs a job, she calls one of Greene’s competitors, Howell Jewelry World, and advises its hiring manager that she is a former
\nemployee of Greene’s, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene’s. The
\nhiring manager at Howell, Naomi White, schedules an interview with Jennifer for the following day.
\nAt the end of the interview, Naomi makes an offer to Jennifer to begin work with Howell immediately, but she conditions the offer on Jennifer’s execution of an
\nemployment contract. The contract contains two specific provisions that Naomi insists Jennifer read and initial, in addition to signing the contract as a whole. One
\nof those provisions states that Jennifer will disclose the information she has regarding the Ever-Gold process prior to commencing work with Howell. The other
\nprovision is a covenant to not work for any competitor of Howell for two years after she leaves the employ of Howell, irrespective of the reason for leaving, and
\nwhether she quits or is fired. Jennifer initials both of the provisions, signs the contract for employment, and gives Naomi a copy of the letter that she removed
\nfrom her desk at Greene’s.
\nOne week after she starts working with Howell, Jennifer is fired for chronic tardiness, and she thereafter gets a job working as a sales associate with the only
\nother jewelry company in town, Triumph Jewels.
\nMeanwhile, Greene’s learns that Howell has acquired knowledge of the secret process used to create Ever-Gold, and that Howell has tweaked the process slightly
\nso as to avoid any patent infringement issues but to still create a product with similar characteristics and qualities of Ever-Gold. Howell, for its part, has learned
\nthat Jennifer is working for a competitor and fears that Jennifer will disclose the process to Triumph. Finally, one of Howell’s customers had developed a
\ndisfiguring rash as a direct result of the new process Howell has begun using in its jewelry.
\nGreene’s sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues
\nGreene’s for wrongful termination. Howell sues Jennifer for breach of the covenant not to compete, and Jennifer counter-sues for fraudulent inducement,
\nbelieving that she was tricked into signing the employment contract with Howell and that Howell was never interested in hiring her, but was interested only in
\nacquiring information on the process to create Ever-Gold. Howell also sues Triumph, claiming that it knew or should have known that Jennifer was subject to a
\ncovenant not to compete, and that Triumph should therefore be bound by its provisions.
\nSpecifically, the following critical elements must be addressed:
\nII. Client\u2019s Case
\nD. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths
\nand weaknesses of your company’s arguments in court. Is it probable your company will win this legal dispute?
\nE. Impact Assessment
\ni. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public
\ndiscourse reflect possible legal outcomes? Be sure to use specific examples.
\nii. Make suggestions on how to alleviate any damages to your selected company\u2019s public perception going forward. Will action(s) related
\nto the other party be appropriate?
\niii. Recommend how the company should modify specific business practices to avoid similar situations in the future.
\nGuidelines for Submission: Your memorandum should be 4\u20135 pages, using 12-point Times New Roman font and one-inch margins. You should use current APA
\nstyle guidelines for your citations and reference list. Generally speaking, the best memos include references to at least two cases for each point of law that is
\nmentioned. Students also earn high marks when they cite cases that appear to support a different legal resolution than the one presented by the student, and
\nthen distinguish that case from the scenario described in this assignment. Such distinctions demonstrate exemplary understanding of the course materials
\nInstructor Feedback: This activity uses an integrated rubric in Blackboard. Students can view instructor feedback in the Grade Center. For more information,
\nreview these instructions.<\/p>\n","protected":false},"excerpt":{"rendered":"
Question description Mary Jane and Allen Greene, a married couple, own a high-end costume jewelry manufacturing and distribution company called Greene’s Jewelry Wholesale, LLC. The principal place of […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9427],"tags":[4,9439,9443,9436],"class_list":["post-75468","post","type-post","status-publish","format-standard","hentry","category-superior-papers","tag-nursing-paper-writing-services-reviews","tag-usa-assignment-answers-examples","tag-uk-writings-go-assignment-help","tag-1500-words-assessment-brief"],"_links":{"self":[{"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/posts\/75468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/comments?post=75468"}],"version-history":[{"count":0,"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/posts\/75468\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/media?parent=75468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/categories?post=75468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.homeworkacetutors.com\/assessments\/wp-json\/wp\/v2\/tags?post=75468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}