Accelerated Posted January 7, 2004 Report Share Posted January 7, 2004 Hey guys, im in deep d'oh. Im doing a subject called 'Legal Issues in Tellecommunications' and we gotto hand in a group assignment in a few days. The lecturer is hopeless and we have learnt little....here is the question: Case Study: Trade Secrets: employers - employees and ex-employees In 1990 A and B, two academic research scientist from UTS (university), formed a spin-off company, AB Ltd., to continue on research and development in areas of genetic engineering. At that time, this area of bioscience was in its infancy. Over the following years the company trained and bought in scientific experts, and became recognised as one of the world's leading research groups in particular areas of genetic engineering. In 1999, it launched a major, and widely publicised, research programme to develop a gene therapy for Parkinson's disease. The project was estimated to take up to five years. For the past three years, a great deal of routine, but nevertheless time-consuming, research had been completed and relevant knowledge had been built up; the research group was confident that it would achieve its objectives within the five year timeframe. Three months ago, an American Company, CD Inc. decided to set up a research organisation in Europe. It made an attractive offer to B, who left AB Ltd. to head its newly established research programme to provide gene therapy for Parkinson's disease. B was also authorised to make offers to the best scientists among his former research colleagues working on that project, and he persuaded five key personnel to join him. As a result of the loss of key staff, AB Ltd. believes that it will not be able to complete the research programme for another three years. However, CD Inc. is confident that its new research team will achieve its objective in two years. AB Ltd. has warned CD Inc. that it "intends to use the full force of the law" to protect its rights. You are consulted by CD Inc., B and his five colleagues, as to their position and any steps they should take to ensure that they do not infringe any of the rights of AB Ltd. Obviously there is a bunch of issues involved, because the damn thing is so vague. My part of the case study is concerned mainly with the following: Your post termination restrictions If your employer wants to stop your from doing certain things after you leave, he needs to insert written restrictions into your contract of employment or compromise agreement. The most common post termination restrictions are: (i) a non-compete clause: This aims to stops you from working in competition with your ex-employer; (ii) a non-solicitation clause: This is designed to bar you from seeking or canvassing business from your employer’s customers; (iii) a non-dealing clause: This is designed to stop you from doing any work for customers of your ex-employer (even if they approach you); (iv) a non-solicitation of employees clause: This intends to stop you from poaching your ex-colleagues. I basically gotto blaber on for 2-3 pages on this and also prepare a presentation, so any help on this is most welcome.... PS. by help I mean: links to important (recent) cases/decisions that are similar and sections of the law etc. thanks in advance (sorry for the jumbled post) Quote Link to comment Share on other sites More sharing options...
Dan Posted January 7, 2004 Report Share Posted January 7, 2004 hmmm, i donno if this is relevant or of any help, but here you go: http://www.rmarkhalligan2.com/trade/default.asp Quote Link to comment Share on other sites More sharing options...
Dan Posted January 7, 2004 Report Share Posted January 7, 2004 and this: http://www.lawvantage.com/index.shtml Quote Link to comment Share on other sites More sharing options...
Accelerated Posted January 7, 2004 Author Report Share Posted January 7, 2004 Thanks Dan, that first link looks very usefull.... cheers mate Quote Link to comment Share on other sites More sharing options...
Dan Posted January 7, 2004 Report Share Posted January 7, 2004 good luck. hope that helped Quote Link to comment Share on other sites More sharing options...
THOTH Posted January 7, 2004 Report Share Posted January 7, 2004 Yeah Acel...if you had to deal with that issue in the second bit...well i think...well...I'd maybe hire a l;awyer...LOL...i was thinking hitman for #1.... :wolfwood: Quote Link to comment Share on other sites More sharing options...
Accelerated Posted January 7, 2004 Author Report Share Posted January 7, 2004 if your still bored - u can make yourself usefull and keep searchin j/k bud Quote Link to comment Share on other sites More sharing options...
Accelerated Posted January 7, 2004 Author Report Share Posted January 7, 2004 Yeah winston....somehow I think hiring a hitman is illigal Quote Link to comment Share on other sites More sharing options...
Dan Posted January 7, 2004 Report Share Posted January 7, 2004 lol, who's bored? hehe Quote Link to comment Share on other sites More sharing options...
gamavor Posted January 7, 2004 Report Share Posted January 7, 2004 Accel, I've sent you PM. Read carefully! Quote Link to comment Share on other sites More sharing options...
gamavor Posted January 7, 2004 Report Share Posted January 7, 2004 (edited) I guess something went wrong with my PM, since it didn't show that it was sent. Anyway again here is a short list of the resources that you might check: General: http://www.catalaw.com/ http://lawcrawler.findlaw.com/ http://www.TheLawEngine.com/ http://www.gsulaw.gsu.edu/metaindex/ http://www4.law.cornell.edu/uscode/ Federal http://www.4.law.cornell.edu/usecode/ http://www.thomas.loc.gov http://www.supremecourts.gov/ http://supct.law.cornell.edu/supct/ Federal Rules: http://www.llrx.com/courtrules/ Administrative agencies: http://www4.law.cornell.edu/cfr/ Federal register: http://www.access.gpo.gov/su_docs/aces/aces140.html Federal Law: http;//www.findlaw.com/10fedgov/ Intellectual property is mostly Federal law. In order to structure well your paper I would advice you to use the following rules: CRAC or IRAC (Conclusion, Rule/Relevance, Application, Conclusion or Issue, /Rule/Relevance, Application, Conclusion). What you need to do is to analyze the facts, - repeating them in your own words is helpful. What is at stake? What is the nature of the dispute? What are the legal grounds for legal action, - if any. How relevant the facts are to the Federal Law (statutes and case law)? What would be the applicable law? Conclusion. Few tips: 1. Legal grounds for action. Were any harm done to the company, or we have breach of contract? Is the employment contract silent about the obligation of the employee to keep trade secrets and other facts known during the course of performance of his duties. Were there time or space( in Europe) limits to solicitation, etc…Were there any infringement of patent rights. Keep in mind that most legal cases have no definite answer. The Professor simply wants to test your ability to reason and analyze facts. Good Luck! Edited January 7, 2004 by gamavor Quote Link to comment Share on other sites More sharing options...
Accelerated Posted January 7, 2004 Author Report Share Posted January 7, 2004 hey bud, thanx for the links will check em out..... In order to structure well your paper I would advice you to use the following rules: CRAC or IRAC (Conclusion, Relevance, Application, Conclusion or Issue, Relevance, Application, Conclusion). yeah, I remmemer him giving us a sort of guideline like this one on answering these law scenarios....totally forgot about that....its too late so gonna have to make do with the bodgie plan we have in place now.... Few tips: 1. Legal grounds for action. Were any harm done to the company, or we have breach of contract? Is the employment contract silent about the obligation of the employee to keep trade secrets and other facts known during the course of performance of his duties. Were there time or space( in Europe) limits to solicitation, etc…Were there any infringement of patent rights. yeah, we've pretty much looked at all these - the f###ed thing is, the scenario is so vague that it leaves a HUGE number of issues to be adressed - one could write a 100 page report on this, if not more (we're sticking to 10 ) The Professor simply wants to test your ability to reason and analyze facts. The 'professor' is clueless....I was under the impression this thing was due late January....he never posted anything up on the web (like he promised to), just announced it at the end of the last lecture which I happened to leave early to go to a party . But I actually asked him wether there were gonna be any announcements before I left and he said NO - the f###wit Good Luck! Thanks - will need it Quote Link to comment Share on other sites More sharing options...
gamavor Posted January 7, 2004 Report Share Posted January 7, 2004 one could write a 100 page report on this, if not more (we're sticking to 10 ) Well, at least people should know why lawyers charge so much! Quote Link to comment Share on other sites More sharing options...
Accelerated Posted January 7, 2004 Author Report Share Posted January 7, 2004 Well, at least people should know why lawyers charge so much! yeah....well I imagine a real life scenario would have a lot more detail, this is just the imagination of our 'professor'.....I suspect his mind may have been elsewhere when he came up with this drivel (masturbating, perhaps...). It doesnt even have anything to do with Tellecoms/IT! Quote Link to comment Share on other sites More sharing options...
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