article that I found discussed all the different aspects of pay secrecy: what it is, what makes it illegal, what happens to employers that commit pay secrecy, and how employees can report it. The article also explained the National Labor Relations Act (NLRA) and how it protects employees about talking about pay at work place, which is legal. Also, President Obama has recently signed an executive order prohibiting federal contractors from retaliating against employees who talk about their…
Question #4: Did Marlow violate any duty or duties toward Aerogels, Inc.? If so what are they and will he be liable to Aerogels, Inc. for the profits he receives in his new venture? At the heart of this dilemma is the issue of whether or not, as a director, Marlow violated any duties by using his position in the company to form a competing business. But before an adequate conclusion about this issue can be drawn, its important to analyze all of the possible fiduciary duties that could apply to…
In addition, Art and Craft’s partnership was dissolved which indicates a change in the constitution of the partnership. Nevertheless, the firm is also obliged to inform outsiders of the change. In this case, the partnership followed the rule in the Act stated in Section 39 (1) above by inserting a notice in public, but Picasso has not personally received the notice. Thus, Section 39 sub-section 1 recognizes that the partnership failed in delivering the notice to the client and therefore the…
Did you know that there are over 27,000,000 men, women, and children enslaved throughout the world today? (CNN). Almost ¾ of all slaves are property of conflict diamonds mines all around the world. Conflict diamonds are mined and the revenue from the diamonds is used to fund the wars that the country is fighting. Mining conflict diamonds causes controversy all over the world, especially in central and western Africa. The topics being discussed are The Life of A Miner, the process, sale, and…
protect must be unique to that particular organization and not general knowledge acquired working within an industry. (CAPTAIN AND COMPANY, Inc. v. Henry TOWNE and Towne, Inc., 1980) As previously discussed, the Uniform Trade Secrets Act and the New Hampshire iteration of the Uniform Trade Secrets Act and its definitions confirm that Ever-Gold is…
as “A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization” (Nolo). On May 27, 2008, the Honorable David H. Coar issued an Opinion and Order on the RRK Holding Company v. Sears, Roebuck and Co., in which Sears was used as a $25 Million example of the Uniform Trade Secrets Act (No. 04 C 3944 Document #329). The case started in 1997 when Sears wanted RRK, a tool company, to…
TRADE SECRET A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. A trade secret covers basically three aspects:- ● Not known to the public. ● Should generate economic profit to the holder (specifically for not being known by the public). ● Subject of reasonable efforts to maintain…
In this case, we have an example of the interaction between state non-competition and trade secret law. On one side, we have Panera, LLC as the plaintiff. Meanwhile, we have Papa John’s International, Inc. and Michael Nettles as the defendants (1). In summary, Panera filed a complaint against Papa John’s and Michael Nettles for misappropriation of Panera’s trade secrets and additional confidential information(1). Panera, LLC is a Delaware limited liability company with its principal place of…
Although when the first creator decides on trade secrets the invention is more likely to have been created by someone else. This would mean that the second creator has to file for a patent and the first creator might be prevented from practicing the invention. Another factor of patents is that they don’t have a time limit, while trade secrets on the other hand do have a certain time limit. Inventions that have been patented are more likely receive…
his discomfort, these attacks left Carmona unable to walk and do his job. Mr. Canoma was covered under intermittent leave under Family and Medical Leave Act (FMLA), upon return back to work, he was fired for excessive absenteeism. Carmona brought a disability discrimination claim against Southwest Airlines under the Americans with Disabilities Act. The defendant won the case to overturn the federal trial court’s decision to vacate the juris award. (McGraw, pg.…