BA 531: MANAGING LEGAL ISSUES RELATED TO TECHNOLOGY AND E-BUSINESS

SCHEDULE PAGE

Winter 2006

[Return to Syllabus Page]

 

 

Week / Date

Chapters to Read/Supplementary Readings to Read before Class/Due dates for Assignments

Week 1

Jan. 12

Topic: Overview of Managing E-Commerce and Technology Law Issues

 

Assigned Reading: a) Melvin: Chapter 1; b) CyberEthics: Preface.

 

Optional additional background reading for the course: Melvin Chapters 7, 8 (Overview of Litigation and Alternative Dispute Resolution and Jurisdiction).

Week 2

Jan. 19

Topic: Going Online: Formation Issues including Choosing a Business Entity and Introduction to Securities Law

 

Assigned Reading: a) Melvin: Chapters 2 and 11; b) Oregon Business Guide (pp. 1-25).

 

Optional recommended reading: You may sign up to receive free e-commerce law updates at http://www.gigalaw.com/newsletters/dailynews.html.

Week 3

Jan. 26

Topic: Going Online: Taxation of Products and Services

 

Assigned Reading: a) Melvin: Chapter 3; b) Additional Reading Materials on Choosing A Business Entity will be posted on Blackboard. These materials will be labelled “Jan 26ReadingAssign”. Please read all of these materials prior to the class; c) CyberEthics: Chapter 1.

 

CyberEthics Essays on Chapter 1 Due Today (First chance to satisfy Course Deliverable #1).  Hint: see “Reflections and Exploration,” page 34 for a possible theme for an essay on Chapter 1.

 

Description of Requirements for Course Deliverable #1: You are required to write a 3-4 double-spaced typed essay on a major theme in one of the three assigned chapters in CyberEthics.  This means that you will have three opportunities to satisfy this course deliverable (but you can only choose one opportunity and you must meet the due date for the essay on the assigned chapter that you choose).  This is an individual paper and no group papers will be allowed on this assignment.  Read the assigned chapter.  Then select one of the major themes in the chapter.  Your task is to write an essay that describes the theme that you have chosen and provides your ethical insights on the theme. Ideally your essay would address the following questions:  What ethical challenges are posed for business/nonprofit managers that relate to your theme?  What are the different ethical approaches/viewpoints that could be applied to manage the ethical challenges that you have identified? What do you think is the best approach to achieve an ethical solution to the ethical challenges that you have identified? Do you think there is a need for legal regulation or additional legal regulation to ensure ethical behaviour? If so, describe. What management actions do you recommend for an organization to help it ensure it meets the ethical challenges you have identified? 

 

Guest Speaker: Expert on Forming New Business Entities: Theresa M. Wade, Attorney, Garrett Hemann, Robertson, Jennings, Comstock & Trethewy, P.C., Salem, Oregon.                           

Week 4

Feb. 2

Topics: Managing Intellectual Property Law – Focus on  Patents.

 

Assigned Reading: a) Melvin Chapter 4; b) CyberEthics: Chapter 4 (E-Commerce).

 

CyberEthics Essays on Chapter 4 Due Today (Second chance to satisfy Course Deliverable #1).  See Description of Requirements for Course Deliverable #1 described in Week 2.

 

Guest Speaker on Insights on Managing Patent Assets and Avoiding Liability for Patent Infringement: Tim Myers, Patent Attorney, Hewlett Packard.

Week 5

Feb. 9

Topics: Managing Intellectual Property, Continued – Focus on Trade Secrets, Trademarks and Trade Dress, Copyrights.

 

Assigned Reading: Melvin Chapters 5 and 6.

 

Course Deliverable #2 Due Today: Memorandum on Choosing a Business Entity Form.

·         Individual memorandum. Prepare a 2-4 page, double-spaced, memorandum from you to your fellow new business promoters (imaginary co-entrepreneurs) on the selection of a business entity for a new business that you hope to form with your fellow entrepreneurs. It is your job to come up with a concept for a new business and to describe the services or products that it will provide, state(s) in which it will operate, decide who will be the owners and managers of the business.  In the memorandum you must describe the business entity (example: corporation with a Subchapter S election to provide accounting services to clients in Oregon) that you are recommending for the new business, reasons for that selection, and the strengths and weaknesses of the business entity form selected.  You must create an Exhibit that addresses all the issues listed in the left-hand column of the Concept Summary: Forms of Business Entities, Melvin, p. 33.  This Exhibit must also include specific examples of risks, benefits, costs, etc. that relate to your proposed new business. This Exhibit must be attached to the Memorandum and is not part of the page length restrictions for the assignment.

·         Option for IBP group members to prepare a group memorandum on the selection of a business entity related to their current IBP project.  A maximum of two to three members of an IBP group may work together and will be responsible for preparing a 3-5 page, double-spaced, memorandum on this topic that describes the Business Entity selected for the for-profit organization that is the subject of the IBP project, reasons for that selection, and the strengths and weaknesses of the business entity form selected.  You must create an Exhibit that addresses all the issues listed in the left-hand column of the Concept Summary: Forms of Business Entities, Melvin, p. 33.  This Exhibit must also include specific examples of risks, benefits, costs, etc. that relate to your business model. This Exhibit must be attached to the Memorandum and is not part of the page length restrictions for the assignment. This memorandum and attachments will be graded on a group basis.  To receive credit for the memorandum, an IBP member must substantially contribute to the preparation of the memorandum.



Week 6

Feb. 16

 

Topics: Legal Issues of Operating and Management of E-Commerce Firms – E-Contracts and Electronic Signatures

 

Assigned Reading: a) Melvin Chapter 9 (Contracts, Sales & E-Commerce); b) Steven Blythe: Digital Signature Law of the United Nations, European Union, United Kingdom and United States: Promotion of Growth in E-Commerce With Enhanced Security,  11 Richmond Journal of Law & Technology (2005).

 

Guest Speaker on Protecting Intellectual Property: Expert on Intellectual Property Law and Managing Technology Ventures: Gary W. Glisson, Attorney, Stoel Rives LLP, Portland, Oregon.

Week 7

Feb. 23

Topics: Legal Issues of Operating and Management of E-Commerce Firms – Focus on Cyber Torts.

 

Assigned Reading: a) Melvin Chapter 10 (Torts, Cyber Torts, and Product Liability); b) additional reading materials will be placed on Blackboard, linked to the syllabus or handed out in class.

 

Course Deliverable #3 Due Today.  Report on Identifying and Protecting a Firm’s Intellectual Property

·         Individual Report on your study of an organization’s intellectual property challenges. Prepare a short report analyzing one or more of the primary forms of intellectual property that are related to the business model of an existing business or non-profit organization of your choice.  Describe the organization and its business model including key forms of intellectual property that it will own or generate, identify threats to the business’s intellectual property (alternatively you may identify risks that the business will infringe on others’ intellectual property), and outline a plan to protect the organization’s IP (or to minimize the risk of infringing other others’ IP).  The page length requirement for this assignment is 3-5 pages, double-spaced.

·         Alternative for IBP Teams: A maximum of two to three members of an IBP team may prepare a group report analyzing the key forms of intellectual property that are related to the business model covered by your IBP project, identify threats to the organization’s intellectual property, identify risks that the business will infringe on others’ intellectual property, and outline a plan to protect the organization’s IP and to minimize the risk of infringing other others’ IP.  This alternative for IBP teams requires that the team members participating in this course deliverable must prepare one report as a group project leading to a group grade.  The page length requirements of the report are 4-6 pages, double-spaced. To receive credit for participating in the alternative for IBP teams, a group member must substantially contribute to the report.  

Week 8

Mar. 2

Topics: Legal Issues of Operating and Management of E-Commerce Firms – Focus on Online Advertising and Direct Marketing (including legal regulation of advertising and direct marketing by online businesses and protection of consumer privacy and personal data).

 

Assigned Reading: a) Report to U.S. Congress: “Spyware: Background and Policy Issues for Congress,” Summary and p. 1-13; b) Dan Fingerman: Spam Canned Throughout the Land? Summary of CAN-SPAM Act with Commentary, Vol. 7-8 Journal of Internet Law (2004); c) European Union Privacy Directive 95/46/EC.


Week 9

Mar. 9

Topic: Legal Issues of Operating and Management of E-Commerce Firms – Focus on Managing Human Resources.

 

Assigned Reading:

a) Melvin Chapter 14;

b) Oregon Business Guide, Information for Employers (pp. 29-64);

c) Article: How (Un)Ethical Are You?, by Mahzarin R. Bazerman et al., Harvard Business Review, 00178012, Dec.2003, Vol. 81, Issue 12.  (This article is available on OSU’s online library resources in the Business Source Premier database, provided by EBSCOhost. See Web links on page one of the document posted on Blackboard for instructions on how to locate this article);

d) CyberEthics Chapter 2 (Privacy and Information Technology).

 

Discussion Question for the Class: If you were a manager of a team in an organization, how could you use the article “How (Un)Ethical Are You?” to promote ethical decision-making by team members? Do you believe that you would require team members to take the Implicit Association Tests referred to in the article? Would it be ethical to do so? You can try an IAT at https://implicit.harvard.edu/implicit/ [there is an opportunity to click on a Demonstration].

 

Essays on CyberEthics Chapter 2 Due Today (Last chance to satisfy Course Deliverable #1).  See Description of Requirements for Course Deliverable #1 described in Week 3.

Week 10

Mar. 16

Topic: Computer Crime, Internet Regulation and Obscenity; Corporate Governance and Social Responsibility

 

Reading Assignment: a) Melvin Chapter 15; b) Article: The Virtue Matrix, by Roger Martin, Harvard Business Review, 00178012, Mar2002, Vol. 80, Issue 3 (This article is available on OSU’s online library resources in the Business Source Premier Database, provided by EBSCOhost. See Web links posted on Blackboard for instructions on how to locate this article).

Final Exam

As scheduled.  Have a Great Spring Break.

 

Last Revised: December 7, 2005