Business Torts and Intellectual Property, business and finance assignment help

timer Asked: May 16th, 2017
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Scenario: Sam is an employee of ABC Paper Corp. He signed a non-disclosure agreement as a condition of his employment with ABC. Sam is approached by XYZ Paper Co. with an offer of employment, but only if he brings his client list with him. Sam was fully responsible for creating his client list, so he agrees to provide it to XYZ. When Sam downloads his client list onto an external flash drive, he is caught in the act by his boss Natalie. Sam grabs the flash drive and runs out of his office, shoving Natalie aside when she attempts to stop him. Natalie falls and hits her head against the doorknob, suffering a concussion.

Develop a 800-1,050-word analysis using the information posed in the scenario.

  • Identify if there is an intellectual property at issue here. If so, what type?
  • Discuss if Sam's actions are ethical. Why or why not?
  • Discuss the types of tort, if any, Sam committed. Did any of the other parties in this scenario commit a tort?
  • Discuss if any of Sam's actions subject him to criminal liability.

Cite a minimum of three peer-reviewed references.

Format your paper consistent with APA guidelines.

Tutor Answer

School: New York University


Business Torts and Intellectual Property

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The client list in this case can be regarded as an intellectual property. The client list in
this case was unique to the company and as a result gave it a competitive advantage over its
competitors making it an intellectual property. The client list in this case is a trade secret because
it cannot be attained without the extensive efforts of the company. The list was attained through
the efforts of the organization, time, and information, as well money invested by the company
that makes it a trade secret (Bently & Sherman, 2014). The information contained in the client
list wasn’t available for the public access ad more so to the competitors and the competitors
having this information gives them an unfair advantage over the company that owns the client
list. The information was only retrieved from the company through illegal access by Sam who
stole it and made away with the information. As a result, ABC Paper Corp...

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Thanks, good work

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