Week 3: Federal Statutes That Regulate Business

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Description

Week 3: Federal Statutes That Regulate Business

As the world has increased in the size of its population but shrunk in tersm of the time and distance required for people to communicate with each other, corresponding changes have also occurred in the way that business is now conducted. Events in the U.S. during the early 1900s such as the rise of the large corporation, the advent of the assembly line, and the crash of the stock market resulted in the need for federal legislation to help regulate business activities. The Securities Act of 1933, in particularly, focused on assuring that potential investors could receive the necessary information to make informed decisions and helped protect against fraud.

This week you will be introduced to some of the major types of legislation that govern the business world, protecting both the businesses and the consumers. In particular, you will study the Securities Act of 1933 and the Securities Exchange Act of 1934. You will also examine the requirements for obtaining a patent or copyright and how these processes are used to protect businesses from fraudulent abuse by others.

Learning Objectives

Students will:
  • Articulate the requirements for issuing securities under the Securities Act of 1933 and the exemptions from those requirements
  • Apply the reporting requirements for publicly traded companies as well as the insider trading rules under the Securities Exchange Act of 1934
  • Analyze the primary antitrust statutes and their main provisions
  • Evaluate the requirements for obtaining patent or copyright protection and assess the extent and limitations of that protection


Learning Resources

This page contains the Learning Resources for this week. Be sure to scroll down the page to see all of this week's assigned Learning Resources. To access select media resources, please use the media players below and/or the course DVD (as applicable).

Required Readings

Miller, R. (2014). Business law today: The essentials (10th ed.). Mason, OH: Cengage Learning.
  • Chapter 21, "Investor Protection, Insider Trading, and Corporate Governance"
  • This chapter reviews the historical development of policies to regulate the securities exchange and protect investors from fraud and inside trading. You will focus on the Securities Act of 1933 and the Securities Exchange Act of 1934 and how they established legal guidelines that continue today.
Note: Be sure to view the video, "Securities Exchange Act" in the media player at the bottom of this Resources page.

Required Media

Week 3 Overview
Note: The approximate length of this media piece is 10 minutes.
Laureate Education (Producer). (n.d.). Securities exchange act [Video file]. Retrieved from https://class.waldenu.edu
Note: The approximate length of this media piece is 11 minutes.


(1)Discussion: Business Protection

With the rise in popularity of digital downloads of both songs and other media, increased focus has been placed on the matter of copyright laws. Although a term often used in conversation, many individuals do not actually know what is contained in these laws and who the legislation is attempting to protect. Consider the following scenario:

You and a business associate are discussing some legal issues with which your organization is dealing. In frustration, he states, "We have all of these laws in effect to protect people, but do they really?"

  • In your response to him, describe the following laws, stating what they are, how they work, and then defend why they are important:
    • Copyright laws
    • Antitrust laws
    • Insider trading
  • In today's age of competitive global business, do these laws make sense at the national level or should they also apply at the international level? If so, who should enforce them at the international level

With these thoughts in mind:


(2)Assignment 1: Securities Laws

As a result of the stock market crash of 1929, new legislation was passed with the goal of providing greater regulation of the offering and trade of securities, such as stocks and bonds. As part of the legislation, the Securities and Exchange Commission (SEC) was established. The goal of this agency is to provide consumers with increased information for decision making, regulate trading in securities, and guard against fraud.

Using the information presented in the scenario below respond to the following in a 1- to 2-page paper:

    Mark is a San Francisco businessman who owns an older motel on the shore of Lake Tahoe in Nevada. The motel next door to his, also on older motel, recently came onto the market for sale. Both of these motels have a relatively large amount of land. The restaurant and lounge areas of each contain a few slot machines, and Mark's motel has a poker table, but there is currently no other gambling at either location. Mark is considering buying the motel next door, and using the combined premises to open a luxury resort and casino. He has not yet decided whether he will remodel the current buildings, or demolish them and start from scratch. Mark plans to invest a couple of million dollars of his own, but will need to raise around $50,000,000 to get this venture going.

  • Discuss Mark's options in raising this money.
  • What options would subject Mark to the Securities Act of 1933?
  • Could Mark qualify for any exemptions under the securities laws?
  • If so, which exemptions might he qualify for?
  • If Mark is subject to the Securities Act of 1933, with what general requirements must he comply?

Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week's Learning Resources and additional scholarly sources as appropriate.

(3)Assignment 2: Obtaining a Patent

Copyrights, trademarks, logos, or patents are all methods used by businesses to safeguard their products and assets. Such legal protection can prevent the theft of ideas or illegal use of business names or slogans.

Consider the following scenario:

    A friend comes to you with an idea for a simple, but unique, invention that would be an instant hit with pastry chefs. She wants to manufacture and market the product, as well as create an instructional DVD that can also be purchased. She would like your advice on how to proceed.

In a 2- to 3-paragraph paper, respond to the following:

  • Research and describe the requirements to obtain both patent and copyright protection.
  • What factors should you consider in deciding whether or not to apply for a patent?
  • Is there a need for a copyright?
  • Which statutes govern patent law and copyright law, from which you have derived your response?

Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week's Learning Resources and additional scholarly sources as appropriate.



Unformatted Attachment Preview

Welcome to the Week 3 podcast for the course Advanced Business Law. This week’s topic is “Federal Statutes That Regulate Business.” As the world has increased in the size of its population but shrunk in terms of the time and distance required for people to communicate with each other, corresponding changes have also occurred in the way that business is now conducted. Events in the U.S. during the early 1900s such as the rise of the large corporation, the advent of the assembly line, and the crash of the stock market resulted in the need for federal legislation to help regulate business activities. The Securities Act of 1933, in particularly, focused on assuring that potential investors could receive the necessary information to make informed decisions and helped protect against fraud. This week, you will be introduced to some of the major types of legislation that govern the business world, protecting both the businesses and the consumers. In particular, you will study the Securities Act of 1933 and the Securities Exchange Act of 1934. You will also examine the requirements for obtaining a patent or copyright and how these processes are used to protect businesses from fraudulent abuse by others. By the end of this week you will be able to: • Articulate the requirements for issuing securities under the Securities Act of 1933 and the extensions from those requirements • Apply the reporting requirements for publicly traded companies as well as the insider trading rules under the Securities Exchange Act of 1934. • Analyze the primary antitrust statues and their main provisions Evaluate the requirements for obtaining patent or copyright protection and assess the extent and limitations of that protection. Let’s look at an overview of the resources that you’ll be using this week. This week’s topic is “Federal Statutes That Regulate Business.” Read Chapter 21, titled “Investor Protection, Insider Trading, and Corporate Governance,” from the course text Business Law Today: The Essentials. This chapter reviews the historical development of policies to regulate the securities exchange and protect investors from fraud and inside trading. You will focus on the Securities Act of 1933 and the Securities Exchange Act of 1934 and how they established legal guidelines that continue today. This week, you will participate in one Discussion. Here is the prompt for the topic, “Business Protection”: With the rise in popularity of digital downloads of both songs and other media, increased focus has been placed on the matter of copyright laws. Although a term often used in conversation, many individuals do not actually know what is contained in these laws and who the legislation is attempting to protect. Consider the following scenario: You and a business associate are discussing some legal issues with which your organization is dealing. In frustration, he states, “We have all of these laws in effect to protect people, but do they really?” • In your response to him, describe the following laws, stating what they are, how they work, and then defend why they are important: o Copyright laws o Antitrust laws o Insider trading • In today’s age of competitive global business, do these laws make sense at the national level or should they also apply at the international level? If so, who should enforce them at the international level? With these thoughts in mind: Post an initial statement by Day 3 that expresses your thoughts on laws designed to protect businesses. The length of your response should be a minimum of 150 words. Read a selection of your colleagues’ postings. Respond by Day 5 to two or more of your colleagues' postings in Discussion 1 in one or more of the following ways: • Ask a probing question. • Share an insight from having read your colleague’s posting. • Offer and support an opinion. • Make a suggestion. • Expand on your colleague’s posting. Return to this Discussion in a few days to read the responses to your initial posting. Note what you learned and the insights you gained as a result of the comments your colleagues made. Be sure to support your work with specific citations from the Learning Resources and any additional sources. This week, you will complete two Application Assignments. The topic of the first assignment is “Securities Laws.” As a result of the stock market crash of 1929, new legislation was passed with the goal of providing greater regulation of the offering and trade of securities, such as stocks and bonds. As part of the legislation, the Securities and Exchange Commission (SEC) was established. The goal of this agency is to provide consumers with increased information for decision making, regulate trading in securities, and guard against fraud. Using the information presented in the scenario below, respond to the following in a 1to 2-page paper: Mark is a San Francisco businessman who owns an older motel on the shore of Lake Tahoe in Nevada. The motel next door to his, also on older motel, recently came onto the market for sale. Both of these motels have a relatively large amount of land. The restaurant and lounge areas of each contain a few slot machines, and Mark’s motel has a poker table, but there is currently no other gambling at either location. Mark is considering buying the motel next door, and using the combined premises to open a luxury resort and casino. He has not yet decided whether he will remodel the current buildings, or demolish them and start from scratch. Mark plans to invest a couple of million dollars of his own, but will need to raise around $50,000,000 to get this venture going. • Discuss Mark’s options in raising this money. • What options would subject Mark to the Securities Act of 1933? • Could Mark qualify for any exemptions under the securities laws? • If so, which exemptions might he qualify for? • If Mark is subject to the Securities Act of 1933, with what general requirements must he comply? Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week’s Learning Resources and additional scholarly sources as appropriate. Save your Application as a “.doc” or “.rtf” file with the filename “APP3A+last name+your first initial”. For example, Sally Ride’s assignment filename would be “APP3ARideS”. Use the Submit an Assignment link, choose the Week 3: Application 1 Dropbox, and then add your Application as an attachment. Submit your Application Assignment to the Dropbox by Day 7. The topic of the second Application Assignment is “Obtaining a Patent.” Copyrights, trademarks, logos, or patents are all methods used by businesses to safeguard their products and assets. Such legal protection can prevent the theft of ideas or illegal use of business names or slogans. Consider the following scenario: A friend comes to you with an idea for a simple, but unique, invention that would be an instant hit with pastry chefs. She wants to manufacture and market the product, as well as create an instructional DVD that can also be purchased. She would like your advice on how to proceed. In a 2- to 3-paragraph paper respond to the following: • Research and describe the requirements to obtain both patent and copyright protection. • What factors should you consider in deciding whether or not to apply for a patent? • Is there a need for a copyright? • Which statutes govern patent law and copyright law, from which you have derived your response? Your written assignments must follow APA guidelines. Be sure to support your work with specific citations from this week’s Learning Resources and additional scholarly sources as appropriate. Save your Application as a “.doc” or “.rtf” file with the filename “APP3B+last name+your first initial”. For example, Sally Ride’s assignment filename would be “APP3BRideS”. Use the Submit an Assignment link, choose the Week 3: Application 2 Dropbox, and then add your Application as an attachment. Submit your Application Assignment to the Dropbox by Day 7. This week, you will complete a Tutorial Quiz. It is recommended that you complete the Tutorial Quiz by Day 7 of the week. LAWINERS? REPORTS, MATED BOOK 31. 1896. WITH AUTHORITIES 1905
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Explanation & Answer

Attached.

Running head: BUSINESS PROTECTION

1

Business Protection
Name
Institution Affiliation

BUSINESS PROTECTION

2

Business Protection
In order to ensure inventors of original works are protected the following business laws are
normally set in place by the different governments around the globe.


Copyright laws



Antitrust laws



Insider trading

Copyright is a legal right that protects the author’s work by providing limited publication,
distribution and usage rights for the author. In most countries copyrights are normally a law by
default, and when one publishes his/her work it becomes a property of the author who
momentarily came up with it thus the work acquires copyrights. Copy rights ensures that authors
are protected and their work is not copied and they are not violated by fraudsters.
Antitrust laws are regulations established by governments in order to ensure consumers are
protected from predacious business practices. This is achieved by making sure that there is just
competition in the vulnerable market bargain. Antitrust laws have progressed besides the market
attentively safeguarding against potential cartels and any upcoming interferences that affect the
dynamic reflux and the competition flow. Free and fair competition ensures availability of new
and better products in the market and also lowered prices thus favoring consumers. Each and
every business is normally in a position to entice customers due to the improved quality and cut
prices of the products and services.
Insider trading is the act of acquiring or d...


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