This is a second installment of a legal memo. Please read all the instructors instructions & Prompt carefully, he is really strict. Here are the instructions for this assignment w/ case prompt:
Panicked, and knowing that she needs a job, she calls one of Greene’s competitors, Howell Jewelry World, and advises its hiring manager that she is a former employee of Greene’s, that she needs a job, and that she has confidential information about Ever-Gold that would help Howell compete with Greene’s. The hiring manager at Howell, Naomi White, schedules an interview with Jennifer for the following day.
At the end of the interview, Naomi makes an offer to Jennifer to begin work with Howell immediately, but she conditions the offer on Jennifer’s execution of an employment contract. The contract contains two specific provisions that Naomi insists Jennifer read and initial, in addition to signing the contract as a whole. One of those provisions states that Jennifer will disclose the information she has regarding the Ever-Gold process prior to commencing work with Howell. The other provision is a covenant to not work for any competitor of Howell for two years after she leaves the employ of Howell, irrespective of the reason for leaving, and whether she quits or is fired. Jennifer initials both of the provisions, signs the contract for employment, and gives Naomi a copy of the letter that she removed from her desk at Greene’s.
One week after she starts working with Howell, Jennifer is fired for chronic tardiness, and she thereafter gets a job working as a sales associate with the only other jewelry company in town, Triumph Jewels.
Meanwhile, Greene’s learns that Howell has acquired knowledge of the secret process used to create Ever-Gold, and that Howell has tweaked the process slightly so as to avoid any patent infringement issues but to still create a product with similar characteristics and qualities of Ever-Gold. Howell, for its part, has learned that Jennifer is working for a competitor and fears that Jennifer will disclose the process to Triumph. Finally, one of Howell’s customers had developed a disfiguring rash as a direct result of the new process Howell has begun using in its jewelry.
Greene’s sues Jennifer for breach of the confidentiality agreement when it learns that she has given confidential information to Howell. Jennifer counter-sues Greene’s for wrongful termination. Howell sues Jennifer for breach of the covenant not to compete, and Jennifer counter-sues for fraudulent inducement, believing that she was tricked into signing the employment contract with Howell and that Howell was never interested in hiring her, but was interested only in acquiring information on the process to create Ever-Gold. Howell also sues Triumph, claiming that it knew or should have known that Jennifer was subject to a covenant not to compete, and that Triumph should therefore be bound by its provisions.
Specifically, the following critical elements must be addressed:
II. Client’s Case D. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company’s arguments in court. Is it probable your company will win this legal dispute? E. Impact Assessment i. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples. ii. Make suggestions on how to alleviate any damages to your selected company’s public perception going forward. Will action(s) related to the other party be appropriate? iii. Recommend how the company should modify specific business practices to avoid similar situations in the future.
Guidelines for Submission: Your memorandum should be 4–5 pages, using 12-point Times New Roman font and one-inch margins. You should use current APA style guidelines for your citations and reference list. Generally speaking, the best memos include references to at least two cases for each point of law that is mentioned. Students also earn high marks when they cite cases that appear to support a different legal resolution than the one presented by the student, and then distinguish that case from the scenario described in this assignment. Such distinctions demonstrate exemplary understanding of the course materials