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

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.

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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.click here for more information on this paper

 

  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.click here for more information on this paper
  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.

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  • 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.

 

 

Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric found here.

 

How do the counselors help clients become aware of their own expression of cultural identity?

Watch the “Multicultural Counseling and Psychotherapy” video found on this week’s ERR page.

Write a 1,050- to 1,400-word paper that addresses the following:click here for more information on this paper

  • How do the counselors help clients become aware of their own expression of cultural identity? Provide some examples.
  • What are some of the multicultural issues affecting the clients and their situations?
  • What strategies are the counselors using to identify areas where multicultural issues are playing a role in the clients’ concerns or problems? How do the counselors help the client realize the positive attributes of their cultural identity?
  • Using reflections from the video, how do you view culture in your own life and in the shaping of your own identity? How does it affect your values and belief systems? What do you appreciate about your own identity, cultural or otherwise?

Format your paper consistent with APA guidelines.click here for more information on this paper

How can comparability it be maximized in performance appraisal?

Textbook:
Balkin, D.B., Cardy, R.L., & Gomez-Mejia, L.R. (2012). Managing Human Resources (7th ed.). New York, NY: Prentice Hall
Question 1
Interviewing unqualified applicants can be a frustrating experience and a waste of time for managers, peers, or whoever is responsible for interviewing. How can the HR department minimize or eliminate this problem?click here for more information on this paper

Question 2
According to one survey, trainees list the following as some of the traits of a successful trainer: knowledge of the subject, adaptability, sincerity, and sense of humor. What other traits do you think trainers need to be successful in the training situation?

Question 3
It has been argued that training can lead to turnover, but career development can reduce it. Differentiate between training and career development. Why might training lead to turnover while career development might improve retention? Explain.

Question 4
Julie Watkins has worked in her new position writing software documentation for three months. She keeps hearing about how important her job is to the company, but she does not understand how her work contributes to the whole. Her exposure to the company is limited to her department colleagues (other technical writers), the employee cafeteria, and the payroll office. What could Watkins’s company have done to make her see the whole picture and gain an understanding of and commitment to how the company works?click here for more information on this paper

Question 5
What is comparability? How can it be maximized in performance appraisal?

Question 6
Superficially, it seems preferable to use objective performance data (such as productivity figures), when available, rather than subjective supervisory ratings to assess employees. Why might objective data be less effective performance measures than subjective ratings?

Question 7
Would you design a performance appraisal system based on behaviors, outcomes, or both? Why would you design it this way?

Question 8
What challenges do post-traditional family units pose to company career development plans? How can companies meet these challenges?

Question 9
How effective do you think training can be in raising employee motivation?

Question 10
What are the advantages and disadvantages of using seniority as the basis for layoff? What alternatives to seniority are available as layoff criteria?click here for more information on this paper

Evaluate the importance of organizational learning.

 

View the Malcolm Gladwell video, Malcolm Gladwell on Innovation, about today’s customers desiring partnerships. How does employee empowerment aid in building partnerships between companies and their customers?  Provide an example from your experience as an employee or customer.  Construct your answer from the theories you’ve learned.  Review several of your peers’ posts.  Compare your experiences with at least two peers and identify lessons you can apply in your future work.

Click here for the Malcolm Gladwell on Innovation transcript

Your initial post should be at least 200 words in length. Support your claims with examples from required material(s) and/or other scholarly resources, and properly cite any references.

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Discussion 2

Evaluate the importance of organizational learning.  Provide examples of how learning and change can impact one another.  Review several of your peers’ posts.  Discuss any similar or opposing perspectives you have, with at least two of your peers.  Take care to be professional and polite even if your beliefs or viewpoints differ. Your initial post should be at least 200 words in length. Support your claims with examples from required material(s) and/or other scholarly resources, and properly cite any references

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What are essential elements for successful inclusion of students with intellectual disability?

in your opinion, can all students learn? What examples can you use to support your conclusion?

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Considering the expenses of services for students with severe and multiple disabilities and possible minimal educational and social gains, there is no justification to invest in these students’ education. Do you agree with this statement or not? What evidence do you have to support your response?

 

What are essential elements for successful inclusion of students with intellectual disability? Which is the most significant and why?

 

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What are the challenges facing placement of students with intellectual disability, severe disabilities, and autism in the regular education classroom? How can the educator meet these challenges?

If directors and officers of American corporations were ethical, you would not need legislation like the Sarbanes-Oxley Act”? Why, or why not?

Write a 100-word short essay responding to the topic given. Take time to review the responses of your classmates and provide your feedback. CPE Inc has an overview article of the Sarbanes-Oxley Act that was passed by the federal Congress in 2002 after several high profile corporate fraud cases.

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Read the section by section review of the law retrieved from http://www.soxlaw.com

Prepare a post that addresses the following questions:

  • Does this legislation affect ethical or legal behavior or both? Why?
  • Do you agree with the following statement: “If directors and officers of American corporations were ethical, you would not need legislation like the Sarbanes-Oxley Act”? Why, or why not?
  • Some commentators have stated, “You cannot legislate morality.” Is the S-O Act an attempt to legislate morality? Why, or why not?
  • In your responses to these questions make sure you provide extensive factual and relevant source material to substantiate your findings and conclusions.

Apa with referencesclick here for more information on this paper

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