School of Business
University of Bridgeport

MGMT 580 - Business and Society, Antitrust Law and Intellectual Property
Weekend MBA: August, September, October - 2009

Prof. William E. Greenspan
Phone: (203) 576-4378
E-Mail: profweg@bridgeport.edu

Students must attend all four classes.

Class #1: 9:00 A.M. - 5:30 P.M.
Sunday, August 23, 2009 - Stamford Graduate Center (SGC).

NO STUDENT WILL BE PERMITTED TO ATTEND THE CLASS WHO HAS NOT COMPLETED THE HOMEWORK ASSIGNMENT.

Class #2: 9:00 A.M. - 5:30 P.M.
Sunday, September 6 - SGC.

Class #3: 9:00 A.M. - 5:30 P.M.
Sunday, September 20 - SGC.

Class #4: 9:00 A.M. - 5:30 P.M.
Sunday, October 4 - SGC.

Topics Covered - Antitrust Law and Intellectual Property:

Antitrust Law encompasses restraints of trade; monopolies; exclusive dealing, requirements, and tying contracts; mergers and acquisitions; price discrimination; and unfair methods of competition and unfair or deceptive acts or practices in commerce.

Intellectual Property includes patents, copyrights, trademarks, trade secrets, and the protection of ideas.

Expected Knowledge and Learning Outcomes:

Knowledge Outcomes: After taking this course, you should be able to:
1. Identify how law is made, enforced, and interpreted in the United States.
2. Understand selected legal and ethical issues concerning antitrust law in the United States, such as the Sherman Act (contracts in restraint of trade; monopolization), the Clayton Act (exclusive dealing, requirements, and tying contracts; mergers and acquisitions), the Robinson-Patman Act (price discrimination), and the Federal Trade Commission Act (unfair methods of competition and unfair or deceptive acts or practices in commerce).
3. Explain basic principles of United States Intellectual Property law (patents, copyrights, trademarks, trade secrets and the protection of ideas), with accompanying ethical issues; and explain how international treaties (e.g. Berne Convention) have affected global trade.
4. State to what extent parties from outside the United States, doing business in or with the United States, are subject to United States antitrust and intellectual property laws.


Learning Outcomes: As a result of taking this course you should be able to:
1. Identify selected legal and ethical issues encountered in marketing products and services globally.
2. Recognize and understand the legal and ethical significance of business transactions occurring around you and in which you will participate relating to antitrust law and intellectual property, and to know when to contact a lawyer.
3. Appreciate and understand the language of actual court cases, and the "feel" of a court's thinking, using legal principles in live situations.

Text:
Business and Society, Legal and Ethical Issues,
August 2009 Revised Edition, Greenspan.

The August 2009 Revised Edition is available at the Stamford Graduate Center (SGC), the MBA office on the Bridgeport Campus (MAN 105), or at my office on the Bridgeport Campus (MAN 309). Pick up a copy on or after July 31 so you can start your homework assignment and be ready for the first class.

Grading:
In Class (Attendance, Quality of Participation in Class, and Completed Homework Assignments) - 20%

Mid-Term Test - 40%

Final Exam - 40%

Legal Sites on the Internet: Some of my favorite sites on the Internet for legal research are listed below:

1. WESTLAW CAMPUS RESEARCH

Go to: www.bridgeport.edu/library
Click on: "List of Online Databases."
Scroll down to and click on: "Westlaw Campus Research."
Enter your UB e-mail username and password, and click on "login."
Click on "Legal" at the left top of the page, just to the right of "News & Business."
In the left column under "FIND" you may find a document (case) by citation or by title.
In the bar for Citation, type in the citation for the case you wish to find (e.g. 101 S.Ct. 1048 or 56 F.3d 1373). Then hit the "Enter" button on your keyboard.


2. LEGAL INFORMATION INSTITUTE

Go to: www.law.cornell.edu

Click on: "Constitutions and Codes" and then click on: "U.S. Code" (USC) to find the United States Statutes (laws) including the federal statutes relating to this course:

Title 15 - Commerce and Trade

Chapter 1 - Monopolies and Combinations in Restraint of Trade (Sherman Act §§ 1 & 2; Clayton Act, §§ 14, 15 & 18; Robinson-Patman Act, § 13).

Chapter 2 - Federal Trade Commission.

Chapter 22 - Trademarks.

Title 17 - Copyrights.

Title 35 - Patents.

Click on: "Court opinions" and then click on: "U.S. Supreme Court Opinions" for decisions of the United States Supreme Court, or click on: "Other Federal Court Opinions" for decisions of the United States Federal Courts of Appeals.


3. 'LECTRIC LAW LIBRARY

Go to: www.lectlaw.com Click on: "Legal Forms" and then click on: "Business & General Forms" where you will find free Legal and Business forms: Contracts, Sales, Real Estate, Corporation, Partnership, Employment, Power of Attorney, Trusts, Wills, and Promissory Notes.


4. UNITED STATES PATENT AND TRADEMARK OFFICE

Go to: www.uspto.gov for information and forms on Patents and Trademarks.


5. UNITED STATES COPYRIGHT OFFICE

Go to: www.copyright.gov for information about copyrights.


6. THE FEDERAL TRADE COMMISSION

The Federal Trade Commission (FTC) is the federal administrative agency that prevents unfair or deceptive acts or practices in interstate commerce.

Go to: www.ftc.gov and click on "Actions" for decisions of the FTC.


7. NOLO PRESS SELF-HELP LAW CENTER

Go to: www.nolo.com. for hundreds of useful articles on everyday topics such as BUSINESS & HUMAN RESOURCES, PATENTS, COPYRIGHT & ART, WILLS AND ESTATE PLANNING, PROPERTY & MONEY, FAMILY LAW & IMMIGRATION, and RIGHTS & DISPUTES.


8. NEWSPAPERS ONLINE

Go to: www.newspapers.com

This page provides an easy to use tool for referencing the world's newspapers. Search over 10,000 Newspapers Online.


9. NATIONAL FRAUD INFORMATION CENTER

Go to: www.fraud.org

Its mission is to give consumers the information they need to avoid becoming victims of telemarketing and Internet fraud and help them get their complaints to law enforcement agencies quickly and easily.

You may fill out and submit the online fraud report form.


10. DEPARTMENT OF CONSUMER PROTECTION - STATE OF CONNECTICUT

Go to: www.state.ct.us/dcp/

The Department is here to make the marketplace in Connecticut as fair as possible for consumers and for those businesses that play by the rules. Check out this Web site to file a consumer complaint online or learn more about consumer programs and issues.

Assignments:
The assignments due for each class are listed below. On separate sheets of paper answer the questions and case problems for each class assignment. Make two copies of your answers, one copy for yourself to use during class discussion, and one copy that you will submit to me at the beginning of each class. You may prepare the answers handwritten or typed - your choice. (Most students prepare the answers on a word processor and then print two copies.) Most answers to case questions and opinions may be answered briefly - in one, two, or three sentences.

You will not be allowed to attend the class unless you have completed the homework. It is permissible for students to study together and discuss the answers to the questions and cases. However it is not acceptable for one student to type the answers and print copies for his friends. Each student must type or write his own answers.

If you have any questions while reading the assignments and preparing your answers and opinions, phone me (UB: 203-576-4378 or Home: 203-255-4020), or send me an e-mail (profweg@bridgeport.edu), and I will get back to you promptly.

ASSIGNMENT FOR SUNDAY, AUGUST 23, 2009, STAMFORD GRADUATE CENTER (SGC):

Show up on time. BE ON TIME (9:00 A.M.). Part of your grade is based on on-time attendance. Bring your textbook to class. At the beginning of class I will give you a brief information form to fill out. It should take you about two to three minutes to fill out the form. I will walk around the room and you will give me:

(1) The completed information form,

(2) One copy of your completed homework assignment, and

(3) A check or cash in the amount of fifty ($50) dollars to pay for the updated, August 2009 edition of the text, which also covers handouts to be incorporated into the text. If you pay by check, make the check payable to "William E. Greenspan." I will give you a receipt since you may need one to be reimbursed by your employer. In any event, you will need one to prove you paid for the text.

After I have collected the information forms, your homework assignments, and your money, I will give you an introduction to the United States court system and how law is made in the United States. Then we will discuss the homework assignment.

On August 23, we will be discussing Intellectual Property Law - Patents and Copyrights, which is covered in Chapters 6 and 7 in the text. For your convenience the assignment is broken up into three separate parts. Pace yourself. Don't wait until a few days before class to start your homework. It is estimated that each of the three parts will take you approximately four hours to complete.

Patents. Read Chapter 6 (pages 1 - 26). Answer the questions and case problems on pages 9, 19, 27, 28, 29, and 30.

Copyrights. Read Chapter 7 (pages 1 - 25). Answer the questions and case problems on pages 8, 9, 24, 25, 62, 63, and 66.

Copyrights. Read Chapter 7 (pages 26 - 59). Answer the questions and case problems on pages 46-47, 60, 61, 64 and 65.


ASSIGNMENT FOR SUNDAY, SEPTEMBER 6:

Show up on time. BE ON TIME (9:00 A.M.). Part of your grade is based on on-time attendance. Bring your textbook to class.

On September 6, we will be discussing Intellectual Property Law - Trademarks, Trade Secrets, and the Protection of Ideas, which is covered in Chapters 8 and 9 in the text. For your convenience the assignment is broken up into two separate parts. Pace yourself. Don't wait until a few days before class to start your homework. It is estimated that each of the two parts will take you approximately four hours to complete. Once again, make two copies of your homework assignment (handwritten or typed) and be prepared to submit one of the two copies to me at the beginning of class.

Trademarks. Read Chapter 8 (pages 1 - 47). Answer the questions and case problems on pages 18, 26, 27, 50, 51, 52, 53, and 54.

Trade Secrets and the Protection of Ideas. Read Chapter 9 (pages 1 - 19). Answer the questions and case problems on pages 10, 19, 20, 21, 22 and 23.

Later in the afternoon I will give you a mid-term test, a case on Intellectual Property for your individual, written `analysis. This is open-book. You may use your text, notes, and a dictionary, but you may not consult other classmates.


ASSIGNMENT FOR SUNDAY, SEPTEMBER 20:

Show up on time. BE ON TIME (9:00 A.M.). Part of your grade is based on on-time attendance. Bring your textbook to class.

After I return and comment on the mid-term test, we will go over the homework assignment.

On September 20, we will be discussing Antitrust Law - the Sherman Act, Clayton Act, and Federal Trade Commission Act - which is covered in Chapters 2, 3, and 5 in the text. For your convenience the assignment is broken up into four separate parts. Pace yourself. Don't wait until a few days before class to start your homework. It is estimated that each of the four parts will take you approximately four hours to complete. Once again, make two copies of your homework assignment (handwritten or typed) and be prepared to submit one of the two copies to me at the beginning of class.

Restraints of Trade - Section 1 of the Sherman Act. Read Chapter 2 (pages 1 - 25). Answer the questions and case problems on pages 23, 48, 55, 56 and 57.

Monopolies - Section 2 of the Sherman Act. Read Chapter 2 (pages 26 - 35). Answer the questions and case problems on pages 34, 35 and 50.

Exclusive Dealing Contracts - Section 3 of the Clayton Act. Standing to Sue - Section 4 of the Clayton Act. Read Chapter 3 (pages 1 - 22). Answer the questions and case problems on pages 12, 21, 22, 34 and 36.

Unfair Methods of Competition - The Federal Trade Commission Act. Read Chapter 5 (pages 1-21). Answer the questions and case problems on pages 7, 8, 21, 25 and 26.


ASSIGNMENT FOR SUNDAY, OCTOBER 4:

Show up on time. BE ON TIME (9:00 A.M.). Part of your grade is based on on-time attendance. Bring your textbook to class.

On October 4, we will be discussing Antitrust Law - the Robinson-Patman Act - which is covered in Chapter 4 in the text. For your convenience the assignment is broken up into three separate parts. Pace yourself. Don't wait until a few days before class to start your homework. It is estimated that each of the three parts will take you approximately four hours to complete. As usual, make two copies of your homework assignment (handwritten or typed) and be prepared to submit one of the two copies to me at the beginning of class.

Price Discrimination - Section 2(a) of the Robinson-Patman Act. Read Chapter 4 (pages 1 - 12). Answer the questions and case problems on pages 10, 11, 12, 47 and 50.

Meeting not Beating Competition - Section 2(b) of the Robinson-Patman Act. Payment or Acceptance of Commission, Brokerage - Section 2(c) of the Robinson-Patman Act. Read Chapter 4 (pages 13 - 29). Answer the questions and case problems on pages 22, 23, 49, 52 and 54.

Payments for Services or Facilities - Sections 2(d) and 2(e) of the Robinson-Patman Act. Knowingly Inducing a Price Discrimination - Section 2(f) of the Robinson-Patman Act. Read Chapter 4 (pages 30 - 44). Answer the questions and case problems on pages 38, 44, 48 and 53.

Later in the afternoon, I will give you a final exam, cases on Antitrust Law for your individual, written analysis. This is open-book. You may use your text, notes, and a dictionary, but you may not consult other classmates.

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