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PharmaCARE – Intellectual Property issues Case analysis
$25.00Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation.
CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for general use. To circumvent this technicality, CompCARE encouraged doctors to fax lists of fictitious patient names to CompCARE. PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths.
As CompCARE and its new parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started surfacing that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paying huge bonuses to all the executives and managers, including John, whose wife recently died from a heart attack after using AD23.
John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness “roll the dice” and continue to market the drug. Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners.
In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years.
Write an eight (8) page paper in which you:
- Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question.
- Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response.
- Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response.
- Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to being the true “inventor” of AD23. Suggest at least three (3) ways the company could compensate John for the use of his intellectual property.
- Summarize at least one (1) current example (within the past two [2] years) of intellectual property theft, and examine the effect on that company’s brand.
- Analyze the potential issue surrounding the death of John’s wife and other potential litigants against PharmaCARE as a result of AD23.
- Specify both the major arguments that John can make to claim that he is a whistleblower and the type of protections that he should be afforded. Justify your response.
- Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements
- Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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PharmaCARE Case: Ethics and Corporate Responsibility in the Workplace and the World
$22.50PharmaCARE (We CARE about YOUR health®) is one of the world’s most successful pharmaceutical companies, enjoying a reputation as a caring, ethical and well-run company that produces high-quality products that save millions of lives and enhance the quality of life for millions of others. The company offers free and discounted drugs to low-income consumers, has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. PharmaCARE recently launched a new initiative, We CARE about YOUR world®, pledging its commitment to the environment through recycling, packaging changes and other green initiatives, despite the fact that the company’s lobbying efforts and PAC have successfully defeated environmental laws and regulations,including extension of the Superfund tax, which was created by Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Based in New Jersey, PharmaCARE maintains a large manufacturing facility in the African nation of Colberia, where the company has found several “healers” eager to freely share information about indigenous cures and an abundance of Colberians willing to work for $1.00 a day, harvesting plants by walking five (5) miles into and out of the jungle carrying baskets that, when full, weigh up to fifty (50)pounds. Due to the low standard of living in Colberia, much of the population lives in primitive huts with no electricity or running water. PharmaCARE’s executives, however, live in a luxury compound, complete with a swimming pool, tennis courts, and a golf course. PharmaCARE’s extensive activities in Colberiahave destroyed habitat and endangered native species.In preparation for this assignment, use the Internet or Strayer Library to research companies that have recently experienced negative consequences as a result of the company’s corporate activities.
Write a six to eight (6-8) page paper in which you:
- Describe the key characteristics of a stakeholder and determine all the stakeholders within the PharmaCARE scenario.
- Analyze the human rights issues presented by PharmaCARE’s treatment of the Colberia’s indigenous population versus that of its executives. Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward.
- Assess PharmaCARE’s environmental initiative against the backdrop of its anti-environmental lobbying efforts and Colberian activities. Support the position.
- Decide whether or not PharmaCARE’s actions with respect to the indigenous people of Colberia would be ethical in accordance with each of the following ethical theories: a. Utilitarianism b. Deontology c. Virtue ethics d. Ethics of caree. Your own moral / ethical compass
- Compare PharmaCARE’s actions with those of at least one (1) real-world company, whose corporate activities led to ethical, environmental, or workplace safety issues and financial loss.Analyze the similarities and differences between PharmaCARE and the company that you chose.
- 6. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:? Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.? Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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The Employment-At-Will Doctrine
$22.50Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention.
- John posted a rant on his Facebook page in which he criticized the company’s most important customer.
- Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch”
- Bill has been using his company-issued BlackBerry to run his own business on the side.
- After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.
- One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss.
- Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission.As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, ifany, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy.
In preparation for this assignment, use the Internet or Strayer Library to research your state’s employment-at-will policy.Write a five (5) page paper in which you:
- Summarize the employment-at-will doctrine discussed in the text and then evaluate three (3) of the six (6) scenarios described by determining:a. Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine.b. The primary action(s) that you should take to limit liability and impact on operations;specify the ethical theory that best supports your decision.
- Examine your state’s policy on employment-at-will. Analyze at least one (1) real-world example ofan employee or employer utilizing your state’s employment-at-will doctrine in the last five (5)years. Include a summary of the main issue and the outcome in the identified real-world example.
- Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
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Instances of whistleblowing in publicly traded companies within the last 12 months (2013/2014)
$7.00Use the Internet or Strayer Library to research instances of whistleblowing in publicly traded companies within the last 12 months.
Write a three (3) page paper in which you:
- Describe the key characteristics of a whistleblower, and briefly summarize one (1) researched instance of whistleblowing in one (1) publicly traded company within the last 12 months. Include the details of the issue that the whistleblower reported and the effect of the whistleblower’s actions on both the whistleblower himself and the company.
- Decide whether or not the whistleblower was justified in reporting the company’s actions. Provide a rationale for your response.
- Examine the extent to which the whistleblower would be protected under the Sarbanes-Oxley Act. Justify your response.
- Use at least two (2) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
- Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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What role does the concept of exclusionary rule play in our criminal justice system
$5.00Prepare a 4–6 paragraph response to the following questions:
- What role does the concept of exclusionary rule play in our criminal justice system?
- To what extent might one argue that the exclusionary rule has gone too far in protecting civil liberties at the expense of fighting crime?
Further Guidelines
- The provision contained in the Bill of Rights should be discussed as well a show it relates to criminal proceedings.
- Incorporate in your discussion some of the shifts in the U.S. Supreme Court’s position relating to the application of the exclusionary rule in more recent cases.
- Be sure to reference all sources using APA style.For more information on APA, please visit the APA STYLE Lab.
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Major societal arguments that influenced the U.S. Supreme Court decision in both cases and the subsequent reversal
$22.50Part I
Read the U.S. Supreme Court decision in the following cases:
- Bowers v. Hardwick, 478 U.S. 186 (1986)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=478&invol=186
- Lawrence v. Texas, 539 U.S. 558 (2003)
Part II
What societal factors may have caused the U.S. Supreme Court to abandon the rule of stare decisisin the Lawrence v. Texas andBowers v. Hardwick cases?
Write a 5–6 page paper on the topic above and include the following:
- Outline the major societal arguments that influenced the U.S. Supreme Court decision in both cases and the subsequent reversal.
- Identify specific examples to support your explanation.
- Examine some of the specific arguments used by the Justices of the Supreme Court in the majority and dissenting opinions.
- Include any philosophical underpinning that might have influenced the thinking of the judges on the court at the time both cases were being decided.
- Use specific references in their paper to support their position.
Please note that the U.S. Constitution, and particularly the Bill of Rights, brings a philosophical perspective that has helped to shape constitutional law in the United States that should not be overlooked in this assignment.
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Main considerations of Roe v Wade case…
$7.00Part I
Read the U.S. Supreme Court decision in the following cases:
- Roe v. Wade, 410 U.S. 113 (1973)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=410&invol=113
- Planned Parenthood of Southern PA v. Casey, 505 U.S. 833 (1992)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=505&invol=833
Part II
Discuss the following question:
- What specific language in the U.S. Supreme Court decision may have contributed to the ongoing debate to overrule Roe v. Wade?
Include the following in your Discussion Board postings and responses:
- Main points of the U.S. Supreme Court’s opinion in both cases
- Examples of how the powers enumerated in the U.S. Constitution for each branch of government have shifted over the years as a result of decisions made by the U.S. Supreme Court
- Be sure to reference all sources using APA style.
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Derma Care: Zapping Zits Directly Case Analysis
$10.001) Do you think DermaCare will be successful? Why or why not?
2) How much cash will DermaCare need to be a self sustaining business?
3) What is your asessment of the Band of Angels?
4) Which financing offer would you accept?
Additional Files:
Derma-care-Case.pdf -
Case Analysis: Plessy v. Ferguson, 163 U.S. 537 (1896) and Miranda v. Arizona, 384 U.S. 436 (1966)
$27.50After reading the landmark decisions of Plessy v. Ferguson, 163 U.S. 537 (1896) and Miranda v. Arizona, 384 U.S. 436 (1966), discuss the following in a paper of 7-9 pages:
- What factors influenced each of these decisions?
- Read the dissenting opinions as well.
- Explore to what extent political ideology influences constitutional law.
- To support your points, identify specific examples in the language of both the decisions and the dissents.
- Examine the political climate when both cases were decided.
- Look at what philosophical underpinnings may have influenced the thinking of the court of the respective eras of these cases. How did the courts in each era read the U.S. Constitution differently?
- What factors influenced each of these decisions?