Using Your Manager Skills

Jun 10th, 2015
HelloWorld
Category:
Business & Finance
Price: $15 USD

Question description

Assignment 2: Using Your Manager Skills

Please follow instructions and Rubric ++++++++++++++++++++++++

Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.

In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss.

Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors.

The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below:

  • An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act.
  • A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product's use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act.

For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand.

  1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
  2. Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
  3. Decide whether or not President Howard should refer this chosen matter to the company's outside counsel. Provide a rationale for your decision.
  4. Use at least three (3) high-quality academic references. As the cases discussed within the assignment are hypothetical, you will not find any solutions to them on the Internet. Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academic resources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) to locate high-quality academic references.

Your assignment must follow these formatting requirements:

  • Include a cover page containing the title of the assignment, your name, the professor’s name, the course title, and the date.
  • Draft this in the form of a letter that is typed, double-spaced, and uses Times New Roman font (size 12) with one-inch margins on all sides.
  • Include your citations in the body of your letter and include your list of references at the end. All citations must follow the APA.
  • Be sure to follow all additional instructions provided by your professor.

The specific course learning outcomes associated with this assignment are:

  • Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
  • Use technology and information resources to research issues in business law.
  • Write clearly and concisely about business law using proper writing mechanics.

Points: 

Assignment 2: Using Your Manager Skills

Criteria

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

Fair

70-79% C

Proficient

80-89% B

Exemplary

90-100% A

1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).

Weight: 25%

Did not submit or incompletely discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.

Insufficiently discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.

Partially discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.

Satisfactorily discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.

Thoroughly discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.

2. Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chosethe environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.

Weight: 25%

Did not submit or incompletely determinedwhether or not the activity of Simply Green Products amounts to a violation of the applicable law. Did not submit or incompletely determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both if you chose the environmental issue. Did not submit or incompletely explained your rationale. Did not submit or incompletely determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Did not submit or incompletely explained your rationale.

Insufficiently determinedwhether or not the activity of Simply Green Products amounts to a violation of the applicable law.Insufficientlydetermined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue.Insufficientlyexplained your rationale.Insufficientlydetermined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter.Insufficientlyexplained your rationale.

Partially determinedwhether or not the activity of Simply Green Products amounts to a violation of the applicable law.Partiallydetermined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Partiallyexplained your rationale.Partiallydetermined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter.Partiallyexplained your rationale.

Satisfactorily determinedwhether or not the activity of Simply Green Products amounts to a violation of the applicable law.Satisfactorilydetermined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue.Satisfactorilyexplained your rationale.Satisfactorilydetermined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter.Satisfactorilyexplained your rationale.

Thoroughly determinedwhether or not the activity of Simply Green Products amounts to a violation of the applicable law.Thoroughlydetermined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue.Thoroughlyexplained your rationale.Thoroughlydetermined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter.Thoroughlyexplained your rationale.

3. Decide whether or not President Howard should refer this chosen matter to the company's outside counsel. Provide a rationale for your decision.

Weight: 25%

Did not submit or incompletely decided whether or not President Howard should refer this chosen matter to the company's outside counsel. Did not submit or incompletely provided a rationale for your rationale.

Insufficiently decidedwhether or not President Howard should refer this chosen matter to the company's outside counsel.Insufficientlyprovided a rationale for your rationale.

Partially decidedwhether or not President Howard should refer this chosen matter to the company's outside counsel.Partiallyprovided a rationale for your rationale.

Satisfactorily decidedwhether or not President Howard should refer this chosen matter to the company's outside counsel.Satisfactorilyprovided a rationale for your rationale.

Thoroughly decidedwhether or not President Howard should refer this chosen matter to the company's outside counsel.Thoroughlyprovided a rationale for your rationale.

4. 3 references

Weight: 10%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

5. Clarity, writing mechanics, and formatting requirements

Weight: 15%

More than 8 errors present

7-8 errors present

5-6 errors present

3-4 errors present

0-2 errors present



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(Top Tutor) Daniel C.
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School: UT Austin
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