Class 5 (Torts, Crimes, IP)

Class 5 (Torts, Crimes, IP) - B US 320(BUSINESS LAW Jordan...

Info iconThis preview shows pages 1–6. Sign up to view the full content.

View Full Document Right Arrow Icon
BUS 320 (BUSINESS LAW) Jordan Breslow Spring 2011 Class 5 Next Week’s Test Sources of Law 1 Courts 2 Contracts 9-16 ( Chapter 20 was covered in class ) Torts 5,6 Crimes 8 Intellectual Property 7 and lecture notes TOPICS FOR THIS CLASS Torts – Continued Business Torts Crimes Traditional crimes Business crimes Attorney-Client Privilege Intellectual Property Overview Copyrights Trademarks Patents Trade Secrets 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
TORTS CONTINUED: Common Business Torts Defamation Untrue statement about plaintiff Published to a third party About fact, not opinion Example: Prof. Breslow never went to law school Example: Prof. Breslow is boring Slander - spoken Libel - written Disparagement Invasion of Privacy unlawfully intrudes into private affairs Example: hacking Example: spy cam discloses private information Example: blog about someone’s medical condition publicizes him or her in a false light Example: blog saying Jeff cheats on tests Publicity misappropriation Name, likeness, image, identity Example: Bette Middler sound-alike 2
Background image of page 2
Fraud, Misrepresentation Untrue statement or false representation of material fact Knowledge was false (if intentional misrep) OR Recklessly disregards the truth Intended to deceive Justifiable reliance Injury Tortious Interference with … Contract Persuade someone to breach their contract with 3P Example: threaten to sue customers of 3P Example: pay contractor to quit job with 3P Or make it impossible to perform Prospective Advantage / Business Relationship Elements: Know of the contract or relationship Intent to induce breach Improperly induced breach (policy, privilege) Breach Damage CRIMES Define: violation of a statute (law) for which the government imposes a punishment; relates to duty to society Compare: tort 3
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Categories, from most serious to least: Felony Misdemeanor Violation or Infraction Business Crimes Theft: Robbery: taking property by use of force or fear Burglary: taking property from another’s home or office Larceny: taking property other than from home or office or building (e.g., stealing car stereo, pick pocket) Receiving Stolen Property Knowingly receive Intent to deprive owner Forgery Fraudulent making or altering of a writing that affects liability of another person e.g., counterfeiting, faking a signature on a check Embezzlement: converting (stealing) property entrusted to the thief e.g., bank teller takes deposit money e.g., lawyer steals from trust fund Bribery 4
Background image of page 4
Giving (or offering) something of value in exhchange for a return e.g., kickback Foreign Corrupt Practices Act (FCPA) Illegal to bribe or offer to bribe a foreign official Caution: who is an official? Success is not required Extortion Securities Fraud Insider Trading Sarbanes Oxley Background Top areas of criminal focus: properly certifying periodic reports, CEOs and CFOs certify, in writing, that every periodic report filed by their public company under §13(a) or §15(d) of the Exchange Act, fairly represents the financial condition of the company. 18 U.S.C. §1350 provides
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 6
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/19/2011 for the course BUS 123 taught by Professor Mw during the Spring '11 term at S.F. State.

Page1 / 20

Class 5 (Torts, Crimes, IP) - B US 320(BUSINESS LAW Jordan...

This preview shows document pages 1 - 6. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online