Business Law and conflict with trade secrets Free Essay Example, 3000 words

This element of what defines a trade secret is a primary example of how business law indeed conflicts with trade secrets and will be explored in more detail below. Definitions, Application and Content of Law and Comparison The legal definition of trade secrets varies by jurisdiction, but is generally narrowed down to consisting of three characteristics. Simply explained, a trade secret is a piece of information, for which reasonable measures have been taken by the company to protect it, and from which the company receives an economic benefit due to its exclusivity (18 USC, s.1839 s. (3)(a)(b)). Although federal law does not govern the protection of trade secrets, most states have signed the Uniform Trade Secrets Act. A company secret is not a trademark or a patent, the latter two being governed by law in a different manner and involving different rules and concepts. Although it is not necessary to distinguish the three aspects in fine detail, a brief explanation of what makes trademarks and patents separate from trade secrets is necessary for the purpose of legal analysis. We will write a custom essay sample on Business Law and conflict with trade secrets or any topic specifically for you Only $17.96 $11.86/pageorder now The very existence of a trademark is dependent on its exposure to the public, so that a process of association may take place. For example, when one sees the ‘big yellow M’, one is immediately able to associate it with McDonald’s, just as thinking of Coca Cola conjures up that unforgettable logo. Such patents are meaningless unless public, quite the contrary to trade secrets. The patent is also a public form of protection, and makes available exclusive rights to the inventor in exchange for its release into public. It is easy to understand how a trade secret is very different from a patent or a trademark, and its existence depends on its being kept secret. Yet how does the law distinguish between a useless personal secret and an extremely valuable company (trade) secret? Many mechanisms exist in order to protect the trade secret, which will be explored in order to critically assess their actual effectiveness in reality and whethe r they conflict with, rather than serve to protect trade secrets. Yet one may remain unclear as to what a trade secret may encompass in reality. Problems concerning the ambit of ‘trade secret’ have not gone unnoticed, and many claim that ‘it is one of the most elusive and difficult concepts in law to define’ (Lear Siegler Inc V Ark-Ell Springs Inc, 569). The problem is not independent of other factors, however, and it is recognized that although almost any form of information can be classed as a trade secret, ‘but what will be protected as such, and when and against whom†¦are questions that cannot be answered with such certainty’ (Callman 1992: 14.06).

I Interned For The Copa Shorts Film Festival Essay

I interned for the COPA shorts film festival from August to December. I was a film reviewer, and my duties and responsibilities were to essentially review any short films that were assigned to me, and then write a review and rate them accordingly. I would be emailed whenever a new film was sent to me via a website called FilmFreeway. Because my internship was primarily an online one, my schedule was flexible, which gave me the opportunity to work at my own pace, rather than at a fixed time every week. I was work around 4-5 (maybe more, depending on how long the film is) hours a week, reviewing any films that came my way. Shelley, my internship supervisor, understood that I was a full-time student and made sure that I was given ample time to watch and review these films. The way the website operated was that I would sign into my account, and all of the videos that are assigned to me would be available for viewing. I would watch the films as many times as I felt necessary. If I watched a film more than 4-5 times, that usually meant that I found it perplexing, and difficult to understand. After I am done viewing these films numerous times, I would take time to contemplate what I wanted to say about this film. I would write down bullet points about what I wanted to say for my review. I would then take these bullet points and attempt to write a rough draft of a cohesive review. I would read over the draft, and skim past the film to see if there’s anything I missed. I would then

Animal Farm. Snowball Free Essays

Snowball Orwell’s stint in a Trotskyist battalion in the Spanish Civil War—during which he first began plans for a critique of totalitarian communism—influenced his relatively positive portrayal of Snowball. As a parallel for Leon Trotsky, Snowball emerges as a fervent ideologue who throws himself heart and soul into the attempt to spread Animalism worldwide and to improve Animal Farm’s infrastructure. His idealism, however, leads to his downfall. We will write a custom essay sample on Animal Farm. Snowball or any similar topic only for you Order Now Relying only on the force of his own logic and rhetorical skill to gain his influence, he proves no match for Napoleon’s show of brute force. Although Orwell depicts Snowball in a relatively appealing light, he refrains from idealizing his character, making sure to endow him with certain moral flaws. For example, Snowball basically accepts the superiority of the pigs over the rest of the animals. Moreover, his fervent, single-minded enthusiasm for grand projects such as the windmill might have erupted into full-blown megalomaniac despotism had he not been chased from Animal Farm. Indeed, Orwell suggests that we cannot eliminate government corruption by electing principled individuals to roles of power; he reminds us throughout the novella that it is power itself that corrupts. Boxer The most sympathetically drawn character in the novel, Boxer epitomizes all of the best qualities of the exploited working classes: dedication, loyalty, and a huge capacity for labor. He also, however, suffers from what Orwell saw as the working class’s major weaknesses: a naive trust in the good intentions of the intelligentsia and an inability to recognize even the most blatant forms of political corruption. Exploited by the pigs as much or more than he had been by Mr. Jones, Boxer represents all of the invisible labor that undergirds the political drama being carried out by the elites. Boxer’s pitiful death at a glue factory dramatically illustrates the extent of the pigs’ betrayal. It may also, however, speak to the specific significance of Boxer himself: before being carted off, he serves as the force that holds Animal Farm together. Napoleon From the very beginning of the novella, Napoleon emerges as an utterly corrupt opportunist. Though always present at the early meetings of the new state, Napoleon never makes a single contribution to the revolution—not to he formulation of its ideology, not to the bloody struggle that it necessitates, not to the new society’s initial attempts to establish itself. He never shows interest in the strength of Animal Farm itself, only in the strength of his power over it. Thus, the only project he undertakes with enthusiasm is the training of a litter of puppies. He doesn’t educate them for their own good or for the good of all, however, but rather for his own good: they become his own private a rmy or secret police, a violent means by which he imposes his will on others. Although he is most directly modeled on the Soviet dictator Joseph Stalin, Napoleon represents, in a more general sense, the political tyrants that have emerged throughout human history and with particular frequency during-the twentieth century. His namesake is not any communist leader but the early-eighteenth-century French general Napoleon, who betrayed the democratic principles on which he rode to power, arguably becoming as great a despot as the aristocrats whom he supplanted. It is a testament to Orwell’s acute political intelligence and to the universality of his fable that Napoleon can easily stand for any of the great dictators and political schemers in world history, even those who arose after Animal Farm was written. In the behavior of Napoleon and his henchmen, one can detect the lying and bullying tactics of totalitarian leaders such as Josip Tito, Mao Tse-tung, Pol Pot, Augusto Pinochet, and Slobodan Milosevic treated in sharply critical terms. How to cite Animal Farm. Snowball, Papers

The Rise and Fall of Long-Term Capital Management an Example of the Topic Business Essays by

When Genius Failed: The Rise and Fall of Long-Term Capital Management Roger Lowenstein is a well-known business enthusiast and writer of different business-oriented books that are primarily a self-help orientation for early business entrepreneurs who are still new to the field. The expressive manner of the author in terms of presenting his ideas has made it certain that capitalism and its management is one of the key elements that are presented through the fields of business development and improvement in the said industry. Furthermore, it could be observed that the approach of the author has been focused on the particulars of the business primarily the finances and the management that the administrations are placing on the said assets of the organizations. Need essay sample on "When Genius Failed: The Rise and Fall of Long-Term Capital Management" topic? We will write a custom essay sample specifically for you Proceed Content and Summary The primary content of the book is focused on the finances of the business and the way that they are being managed by the administration. Financial resources are one of the most important resources for a business entity. This is mainly because this resource can actually be used in the acquisition and mobilization of most of the other valuable supplies for the business namely the work force and the land and building. In addition, the financial aspect of the business entity can also be used for expansion purposes, increasing of production and development of the business itself. Some of the primary sources of the financial aspect of the business entity are its investments or capital and its profit. Capitals sources are mainly for long-term usage because these are equity in nature however, financial profits are very useful due to the main fact that most of it are liquid assets thus they are easily convertible and used. Nevertheless, for expansion purposes, more capital is very much needed thus the business entity must resort to other sources such as debt and equity instruments. Debt instruments are mainly financial sources that are borrowed from other sources such as other enterprises or financial institutions with specific agreements enticed with it. Debt instruments can also vary from its market nature such as either liquefied money or physical assets, which are both invested into the business entity to increase its financial resources. In addition, debt instruments can vary from either with a long-term or short-term agreement with regards to its payment and maturity. Most long-term debt instruments are corporate bonds or loans while for short-term there are the commercial papers and certificates of deposit. In this financial instruments, the debtor has the options to either utilize the debt or can also sell it to others to gain profits thus making the debtor entity to also be creditor. On the other hand, equity instrument is another financial instrument where the business entity will resort to selling or crediting their assets or business equity to gain profit with the accumulated interest. In this option, one of the most valuably used items are the stock securities and/or stock options. However, this method is continuously monitored and controlled by the business entity because unrestrained selling of equity stocks can result to seizure of the equity of the business with regards to the owned percentage of claim by the buyer or buyers. Both of these instruments are done with considerable and valuable agreements concerning their payment methods and interest. For the equity instrument, the business can draw additional financial resources from the agreed interest in the transaction and in the debt instrument, the business entity can use the loaned asset to fund development projects which are beyond the present financial capacity of the business entity. Because of which, using debt instrument is a more reliable option for a business entity that is expanding its operation because the resources are easily acquired in this transaction. Business process is obviously and evidently cyclical in nature where the assets or the business entity is invested to undergo production and then produce profits which will be then added again to the business equity to be reinvested again to generate more profits. For purposes of expansion and business developments, more assets must be invested to fund the increase in the resource demand of the production process thus the business entity must resort to other financial instrument to cope up with the necessity which is either using debt instruments or equity instruments. Businesses, whether small-scale or large scale, need to face the challenges of becoming successful in the future. Indeed, through the implementation of the different elements of success in the business operations, it could be expected that the business group could attain the best possible results for its system and its people within the years of its operation. It could be noted that taking care of the concerns of the people force affects most of the organizational operations that brings success to the entire business. A Reflection on the Reading The main reason behind aiming for a larger market is to primarily gain a higher rate of revenue from the target clients of the company. To be able to do so, the importance of putting effort in creating possibilities by which the company could increase the value of the quality of their end-products and at the same time increase the value of the said produced items is indeed necessary. What are the examples of the said values? One is quality, another is practicality and third [as of tailoring jobs] the presentation of the end-products. The fact that the organization aims to serve their clients at the best way possible for them to do so, the administrations should see to it that the company members understand of this stress on the quality production that is aimed by the organization. Once the quality control of the end-products is heightened, it could be expected that the employees would be more careful of what they are primarily producing for their clients. In turn, a better reputation could be earned by the organization thus giving them the chance to demand for larger value of monetary returns from the clients that they serve. The demand that they are to place upon the shoulders should be reasonable enough for paying, if not, the effective distribution of the products or even inviting of the clients would not be truthfully applied at all. Administrational Learning Upon understanding of the suggestion written herein, it could be expected that the administration would put further appreciation of the employees efforts thus motivating them to create more productive and effective changes of dealing with the business operations of the organization. By doing so, they are not only increasing the possibilities of increasing the quality of their products but also increasing the capability of the organization to build up a reputation that is considerably inviting to a new expanded market that the organization shall serve. (C) Identifying the opportunities for reduced cost The cost being referred to in this section of the discussion certainly entails the organization in finding ways by which the production expenses that they spend on every fulfillment of client order that the complete be reduced in such a reasonable way that the companys organization would be made possible of taking more orders and sending them in high quality results without actually spending too much on the projects. Through this, the company is sure to gain a higher rate of revenue from the business operations that they pursue. Doing so shall also increase the capabilities of the organization in producing more items that are appointed to them because of being resourceful enough in using their materials the best way that they could. Doing so would really challenge the capabilities of the employees in retaining the quality of the products while using a little bit lesser than the usual amount of the resources that they used to utilize in finishing their projects. However, as challengin g as it may seem, this particular requirement shall also then be a guide for the administration to follow which in many ways would help them discover better potentials of their employees in making the said procedure possible. Administrational Learning As leaders of the company, the administrative sectors should use this particular situation and requirement of business success in finding great alternatives to the materials that they are currently using. Not compromising the quality of the products completed by the company while lowering the costs of the resources used for business completion is certainly not an easy task to deal with. Certainly, the administration then should find a way by which to train their employees in becoming more innovative as well as resourceful in their job so that no material is being used in an unreasonable procedure. Reference: Roger Lowenstein. (2001). When Genius Failed: The Rise and Fall of Long-Term Capital Management. Random House Trade Paperbacks.

Free Essays on The Assassination Of President John F. Kennedy

One of the turning points in American history was the assassination of President John F. Kennedy on Friday, November 22, 1963. This took place in Dealey Plaza in Dallas, Texas. President Kennedy made this trip to Dallas for his 1964 reelection campaign. Kennedy intended to make a speech to the people of Dallas regarding his reelection, but never received an opportunity to do so. Shortly after the assassination, the new President Lyndon Johnson set up the President’s Commission on the Assassination of President John F. Kennedy, headed by Chief Justice Earl Warren. They were to investigate the mysteries of the event. In 1964, the Warren Commission released its report, 26 volumes long. They said that the man who was arrested, the day Kennedy was killed, for killing a Dallas police officer, was the lone assassin. This man, of course, is Lee Harvey Oswald. Oswald himself was murdered on live television, with millions watching, by a Dallas night club owner, and suspected mo bster, Jack Ruby, whose real name was Jack Rubenstein. This happened two days following Kennedy’s assassination. Ruby died of cancer four years later in prison. Starting in 1966, New Orleans District Attorney Jim Garrison started his own investigation of the assassination, which led to a very short-lived trial of an international businessman, Clay Shaw, from New Orleans. Garrison believed him to be part of the conspiracy to kill the President. Lee Harvey Oswald did not kill President Kennedy. There was another shooter, or shooters, most likely behind the picket fence above the grassy knoll. Therefore, there had to be a conspiracy. This negates the conclusion of the Warren Commission. The following pages will analyze the most important and obvious pieces of evidence supporting the theory of a shooter, other than Lee Harvey Oswald, killing the President from the front and right of the President’s position. Physical evidence, including medical evidence... Free Essays on The Assassination Of President John F. Kennedy Free Essays on The Assassination Of President John F. Kennedy One of the turning points in American history was the assassination of President John F. Kennedy on Friday, November 22, 1963. This took place in Dealey Plaza in Dallas, Texas. President Kennedy made this trip to Dallas for his 1964 reelection campaign. Kennedy intended to make a speech to the people of Dallas regarding his reelection, but never received an opportunity to do so. Shortly after the assassination, the new President Lyndon Johnson set up the President’s Commission on the Assassination of President John F. Kennedy, headed by Chief Justice Earl Warren. They were to investigate the mysteries of the event. In 1964, the Warren Commission released its report, 26 volumes long. They said that the man who was arrested, the day Kennedy was killed, for killing a Dallas police officer, was the lone assassin. This man, of course, is Lee Harvey Oswald. Oswald himself was murdered on live television, with millions watching, by a Dallas night club owner, and suspected mo bster, Jack Ruby, whose real name was Jack Rubenstein. This happened two days following Kennedy’s assassination. Ruby died of cancer four years later in prison. Starting in 1966, New Orleans District Attorney Jim Garrison started his own investigation of the assassination, which led to a very short-lived trial of an international businessman, Clay Shaw, from New Orleans. Garrison believed him to be part of the conspiracy to kill the President. Lee Harvey Oswald did not kill President Kennedy. There was another shooter, or shooters, most likely behind the picket fence above the grassy knoll. Therefore, there had to be a conspiracy. This negates the conclusion of the Warren Commission. The following pages will analyze the most important and obvious pieces of evidence supporting the theory of a shooter, other than Lee Harvey Oswald, killing the President from the front and right of the President’s position. Physical evidence, including medical evidence...

Set Up Bathroom Pass Procedures to Manage Hall Traffic

Set Up Bathroom Pass Procedures to Manage Hall Traffic Covering all of the points in a planned lesson often takes every moment of class time. Students who interrupt you to ask for permission to use the restroom throw you off your tight schedule and disrupt their classmates attention. You can minimize the distraction with a bathroom pass system that allows students to excuse themselves, giving them some limited autonomy.   Take time at the beginning of the year to explain your rules about appropriate and inappropriate times to use the restroom. Remind students that they have the preferred time before school, between  classes, and at lunch to use the bathroom. While you can never deny a student access to the toilet, you might set a rule that no student can sign out during the first or last 5 minutes of class or during lecture. This allows enough time for you to complete a mini-lesson or giving directions. Set Up Your Bathroom Pass System Some teachers use clipboards holding a  paper that has columns to record the students name, destination, the  time out and the time back. Students fill out each column independently and take the generic bathroom pass to their destination. This system records daily activity by all students. Another bathroom pass system suggestion uses a plastic index card holder and 3x5 index cards, one per student. At the beginning of the school year, pass out 3x5 index cards and ask students to write their name. Then have them divide the flip side of the index card into four equal areas. In the upper right corner of each quadrant, they should put a 1, 2, 3 or 4 to correspond to the four grading quarters. (Adjust the layout for trimesters or other terms.)   Instruct students to label a row across the top of each area with a D for Date, T for Time and I for Initial. File the cards alphabetically in the plastic holder grouped by class periods and find a convenient location near the door to keep it. Ask them to return the card to the holder in a vertical position so it stands out from the others; you will go through after class or at the end of the day and initial them. This system records daily activity by individual students. Explain Your Bathroom Pass Tracking Method Let students know that your system allows them to excuse themselves from class for a few minutes when they really need to go. Tell the students that if they want to use the restroom, they should quietly fill in the chart or retrieve their card without interrupting you or their classmates and enter the date and time in the appropriate place.   Monitoring the Restroom Pass System Whatever the system you adopt, whether it is a sign-in/sign-out sheet or index cards, you should make sure that all students are following the system.You should also look for patterns.  For example, is a student leaving at the same time daily?  Are the restroom visits having a negative impact on academic? Does the student make poor choices about when to leave? If you notice any of these, you have a discussion with the student.   While some teachers dangle prizes for not using bathroom passes, there can be some health issues associated with students ignoring their bodies signals. There are also medical conditions, including pregnancy, that increase trips to the restroom. Teachers should always be aware of any medical conditions listed on a students individual educational plan (IEP) or 504. Tips You could also Include trips to the locker, other classrooms, etc. in the bathroom pass passes.The index cards are inexpensive to use and to replace, which makes them more sanitary  than other objects.If your school uses physical hall passes, keep those near the card file so students can grab one on their way out of the door.

Forecasting Alliances Essay Example | Topics and Well Written Essays - 1250 words

Forecasting Alliances - Essay Example The two powers have managed to form strong alliances that exist until today. In fact, the two exercise their mutual influences under the frameworks of Western powers across greater part of the world. The influence of the two powers have probably been due to their held ideology of democracy that intends to promote liberalization and thwart communism seen as derailing global economic, political and social integration. Much resistance against the Western powers has been coming from Russia and China, and their allies like Cuba and some Middle East countries. Despite the resistances, Western powers seem to have made significant successes bearing the spontaneous transformation of Russia and China to adopt capitalist ideologies that have seen rise in the number of billionaires found in the two countries. However, there exists consistent strategies and conspiracy by some countries to alliance with intention to challenge the Western powers. The possibility of success of the likely alliances i n challenging Western powers requires careful examination and study. Russia, Cuba and Venezuela share similar history of perpetuating communist ideologies characterized with no democracy. In fact, the three countries were once under the unity of the Soviet Union, which diminished due to unbearable influence of capitalism of the Western powers. Among the three, Russia is the only strongest in the global arena with stronger military, economic and political influence. Russia boasts of endowment of massive natural resources including natural gas, oil and metal among others. Venezuela on the other hand boasts of rich oil reserves that mark the backbone of its economy (Keck). Cuba on the other end boasts of highly trained professionals and unexploited oil reserves. Located just below the southern part of North America, Cuba and Venezuela have been depending on each other in various aspects. For instance, since 2000, Cuba has been exporting