Question

scenario 7: intellectual property infringement
a startup is sued by a larger corporation for allegedly copying logo design and brand packaging...
guiding questions:

• what are the key legal issues in this scenario?
• which legal defenses might apply?
• what evidence or witnesses would you seek?
• what motions or procedural strategies could be used?
• how would you structure your overall defense?

student notes:

scenario 8: insider trading allegation
a financial analyst is accused of using confidential client information to purchase stock options...
guiding questions:

• what are the key legal issues in this scenario?
• which legal defenses might apply?
• what evidence or witnesses would you seek?
• what motions or procedural strategies could be used?
• how would you structure your overall defense?

student notes:

Explanation:

Scenario 7

• Key legal issues: Ownership and originality of logo and packaging design in intellectual - property law.
• Legal defenses: Independent creation, fair use (if applicable).
• Evidence/witnesses: Design records, employees involved in design process as witnesses.
• Motions/procedural strategies: Motion to dismiss if lack of standing or insufficient evidence.
• Overall defense: Prove independent design and lack of intent to copy.

Scenario 8

• Key legal issues: Definition of insider information, breach of fiduciary duty in securities - related laws.
• Legal defenses: Lack of access to confidential info, no trading based on it.
• Evidence/witnesses: Trading records, communication records, colleagues to testify on access to info.
• Motions/procedural strategies: Motion for summary judgment if prosecution lacks evidence.
• Overall defense: Demonstrate no connection between confidential info and trading actions.

Answer:

Scenario 7

• Key legal issues: Ownership and originality of intellectual property.
• Legal defenses: Independent creation, fair - use claims.
• Evidence/witnesses: Design process records, design - team employees.
• Motions/procedural strategies: Motion to dismiss for lack of evidence.
• Overall defense: Prove independent design and lack of copying intent.

Scenario 8

• Key legal issues: Insider information and fiduciary duty violations.
• Legal defenses: Lack of access to confidential info, no trading connection.
• Evidence/witnesses: Trading and communication records, colleagues.
• Motions/procedural strategies: Motion for summary judgment.
• Overall defense: Disconnect between info and trading.