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Non Compete Agreement and Intellectual property

Question Description

Do not copy the scenarios into the thread with the answers.

Select the two of the scenarios listed below and explain the best solution for each.

Include comments related to any ethical issues that arise.

You should try to locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1—Contracts

Dr. Delgado, a pediatrician entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.

  • Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 2—Intellectual Property

Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article's authors was a student in his class. The daughter told her father about Klug's copying, which took place without the father's or publisher's permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.

  • Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.

Instructions

PART TWO: Project

To make the course engaging for each student, you will select a legal topic to research in Weeks 3 and 5 of the course. Click HERE for complete instructions and a list of topics. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life

Week 3 Deliverables

Introduction

Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5.

Literature Review

Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project.

For Week 3, locate two scholarly articles related to your topic.

Summarize the articles in your own words and explain how they are related to your topic.

Do not use published cases for this section.

You must use scholarly articles from the South University Online Library.

Legal journals may provide some of the best sources of information.

Westlaw Campus Research is a good option for finding legal information in law journals.

Laws and Regulations

Research and analyze one law or regulation related to the topic you selected.

The information may require research of federal and/or state laws, as well as administrative agency laws.

Summarize the information about the law or regulation you found and explain how it applies to your topic.

Cases

This week you will find one published case (lawsuit) that is related to the topic you selected.

Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling.

Explain whether you agree or disagree with the court’s decision.

Westlaw Campus Research is a great resource for finding specific state and federal cases.

The following sources may also be helpful.

You must read the case and not a summary of the case from a blog or other article.

FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/

Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com

Open Jurist – http://openjurist.org

Formatting Instructions

  • Review detailed instructions for the assignment.
  • Write a 4 to 6 page paper about the topic.
  • Use APA format for the paper, including cover page and separate reference page. Review the APA materials located in the Library Research Guide.

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