Legal and Ethica Considerations

In: Business and Management

Submitted By Majawa
Words 2708
Pages 11
LEG500, Law, Ethics, and Corporate Governance
Strayer University LEG500

Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property
PharmaCare, week10 Assignment

LEG500, Law, Ethics, and Corporate Governance
Strayer University LEG500

Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property
PharmaCare, week10 Assignment

Review of PharmaCARE/CompCARE
To first establish whom each entity is; PharmaCare is one of the world’s most successful pharmaceutical companies. A compassionate, decent well operated business that manufactured high-quality goods that saved millions of lives and increased the condition of life for millions of others. PharmaCare designed a top-selling diabetic medication that could have reduced the progression of Alzheimer’s disease; their pharmacist began reformulating the drug to increase the effect. CompCARE came into being in order to steer clear of FDA investigation; PharmaCARE created a wholly owned establishment, CompCARE, to function as a compounding pharmacy to sell the new creation to people on a prescription basis. CompCARE set up business in an upscale administrative center near its main corporate office, and to conserve money and time, did a quick, low cost makeover and appointed a man by the name of Allen Jones to run the operations’ clean room.
* Research three to five ethical issues relating to marketing and advertising, intellectual property, and regulations of product safety.
Ethics and Corporate Responsibility in the Work Place and the World distinguishes the stakeholders of an organization and who are accountable of the organization. The consequence of the decisions reached by management are examined and answered. The expertise to make modifications to support a more ethical work environment, enhance operations and turn a revenue are clarified…...

Similar Documents

Legal and Ethical Consideration in Healthcare

...Legal and Ethical Consideration in Healthcare A1. Addendum Addendum: Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is...

Words: 1077 - Pages: 5

Equal Consideration

...Animals deserve the right of equal consideration. There are two sets of characteristics that represent how beings are treated differently; the first way is by rationality, having the knowledge of what is right and what is wrong, and the second way is the ability to feel pain and pleasure. As Peter Singer says in his article, “the basic principle of equality, I shall argue, is equality of consideration; and equal consideration for different beings may lead to different treatment and different rights.” The important characteristic that Singer points out is the ability to feel suffering, which gives beings the right to equal consideration. What gives beings the capacity to experience pain and pleasure is the idea of sentience. So in the case that animals do feel emotions like pleasure and plain, we must give them equal consideration of our interest. To help understand Peter Singer one must be familiar with the ideas of utilitarianism. There are two moral principles when talking about utilitarianism; the first principle is equality, in which everyone is treated with the same rights, and the second principle is the best balance of satisfaction over frustration. As discussed in class, human beings have the tendency to favor the interest of human beings themselves over non-human beings. Along the same lines, human beings also have the tendency to favor the interest of higher animals over the interest of lower animals. In Singer’s eyes, since animals have the capacity of suffering,......

Words: 290 - Pages: 2


...Chris promises Dina $40,000 if she graduates from Eagle College. Dina enrolls in Eagle, attends full-time for four years, and graduates. When Dina asks Chris for $40,000, Chris says, “I don’t remember promising you $40,000. But if there was a promise, it’s not enforceable, because we didn’t bargain for it. And even if there was a promise that would otherwise be enforceable, I revoke it now.” Can Dina enforce Chris’s “promise”? Why or why not? Starting at the beginning we must determine if this is a promise, gift or contract. Consideration distinguishes contracts from gifts. For there to be a contract there must be something of value given in exchange for the promise. In this case, Chris promised $40,000 in exchange for Dina graduating from a specific college, Eagle College. There was apparently a discussion about it that prompted Dina to enroll in and complete the course of study at that school. For the contract to be legally binding, there must be legal sufficiency and adequacy of consideration (fairness). Both the degree and the cash have value in the eyes of the law. We must however consider the fairness of the agreement, what value does Chris get from Dina’s completing school? Uncertain performance is related to promises exchanged when the performance of both parties is uncertain. Unfortunately for Dina, a promise is illusory. Illusory means based on illusion/not real. We should consider if a promissory estoppel could be put into place to enforce the...

Words: 537 - Pages: 3


...Consideration is one of the elements that are required to form a contract. In consideration, both parties must promise to give or do something for the other. (Note: if a contract is made by deed, then consideration is not needed.) In other word, consideration can be described as the mutual rights and promises made by the parties to a contract. This can be either a promise to do something that a person not legally obligated to do, or a promise not to do something that a person have the right to do (often, this means a promise not to file a lawsuit). There are a lot of rules that must be taken in order to govern consideration. One of them is consideration can be present or future, but not past. Present consideration is executed when the consideration is performed at the time the contract is made. As an example, Lin offers RM100.00 reward for the return of her lost handbag, if Alex finds the bag and returns it, Lin's consideration is executed. Meanwhile, future consideration will happen when there is an exchange of promises to perform acts in the future. For example, Mei promises to deliver goods to John at a future date and John promises to pay on delivery. If Mei does not deliver them, this is a breach of contract and John can sue. However, past consideration is not a valid consideration and has no legal value.  Past consideration arises when a promisee’s action has happened before the promisor made his promise. This can be proved in the Roscorla v. Thomas case. In this...

Words: 1251 - Pages: 6

Assignment 1 Systems Consideration

... limited space quickly. Finally, the limit is 255 concurrent users, but for practical purposes the limit is 10 to 80 depending on type of application (Kavanagh, Thite, & Johnson, 2012; Learn it, 2013). Risks in combing multiple vendors into one HRIS One of the risks in using multiple vendors is the effect it has on HR employees, with multiple logins and the burden of trying to learn how to use all the different systems. There’s too much room for error. Add to that inconsistent reporting and formats, multiple interfaces for simple tasks. There are also concerns that call-center time and activity have increased because using multiple providers. Warranty agreements are another issue. One vendor can provide an 18 month maintenance warranty while another may only provide 12 months, etc. The best way to avoid these issues is by using one vendor (Learn it, 2013). Consequences of not managing an HR Database Properly The result of poor human resource planning has both immediate and long-term effects on organizational functioning, employee recruitment and management policies and corporate profitability. Consequences of not managing your employee data properly will include inefficiency of business operations, employee grievances and possible legal issues under Data Protection legislation. The purpose of the HR Audit is to conduct a more in depth analysis of the HR function to identify areas of strength and weakness and where improvements......

Words: 1355 - Pages: 6

Legal and Ethical Consideration in Marketing, Product Safety, and Intellectual Property

...Legal and Ethical Consideration in Marketing, Product Safety, and Intellectual Property Terra Bradley LEG500, Law, Ethics, and Corporate Governance Professor Lateefah A. Muhammad 17 March 2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property In this paper I will identify three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. I will argue against Direct-to-Consumer (DTC) marketing by drug companies. Next I will determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could or should have done, and whether the FDA should be granted more power over compounding pharmacies. I will decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with Utilitarianism; Deontology; Virtue Ethics; my own moral and ethical compass. Afterwards, I will analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. Then I will suggest at least three ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. I will compare PharmaCARE’s actions with those of at least one real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. I will also determine...

Words: 3153 - Pages: 13

Legal and Ethical Consideration in Marketing, Product Safety, and Intellectual Property Fred Sand Professor Newcomb, Legal – 500 February 27, 2014 compared The remainder of the document will discuss and examine law suites held against PharmaCARE and various ethical dilemmas the company may encounter. On August 17, 1997, executives around northern New Jersey’s drug corridor, where most of the international Pharmaceutical companies have their headquarters, mobilized for action” (Aitken & Holt, 2000, p. 82). According to Aitken and Holt (2000), this was the day that the US Food and Drug Administration issued temporary guidelines the, for the first time, permitting the drug makers to specify the uses of their prescription remedies in their radio and television advertisements (p. 82). Marketing and advertisement has been around almost since the beginning of time. One of the ethical dilemmas concerning television and radio advertisements for prescription drugs is the potential for the consumer to self-prescribe or evaluate their symptoms. According to the U.S. Food and Drug Administration (2013), doctors believe that patients understand that they need to consult a health care professional about appropriate treatment (p.1). On the other hand, it could be possible for the patient to adapt their own symptoms for the sake of obtaining a desired medication. “Intellectual property (IP) is the work product of the human mind. Novels, paintings, computer programs, songs and inventions are all examples” (Halbert & Ingulli, 2012, p. 316...

Words: 1850 - Pages: 8


... all the cases. There are certain laws of consideration to be known, followed and implemented. Past consideration not considered Under contract law, past consideration is referred to as insufficient or invalid consideration. The original contract is taken as a major basis upon which the agreement was made and hence any other promises made after that point doesn’t cover the legal consideration. Under Roscorla v Thomas, a horse was bought from the seller Thomas that was promised to be sound and vice-free while the horse ended up being vicious and hence the buyer Roscorla sued the seller for the breach of contract. But since the sale had already happened the case was not supported by consideration and hence the court favored the defendant. Sufficient Consideration- not adequate Sufficiency is an important part of consideration, having something of value in the eyes of court. As long as something of value has been transferred with one another the court is not interested about the adequacy of the consideration whether it was proportionately shared or not. In case of Chappell v Nestle, whoever forwarded 1s 6d and the three wrappers was assured by the Nestle Co Ltd to be supplied with the hit record called ‘Rocking Shoes.’ Chappell then sued Nestle for the breach of copyright, claiming for the full payment of the royalty. The court’s decided that the wrappers too were involved in the consideration as the customers had to pay to buy the chocolates in the first place to get...

Words: 1426 - Pages: 6

Consideration of and the Legal & Societal Challenges Raised by Same Sex Unions

...CAVE HILL SCHOOL OF BUSINESS UNIVERSITY OF THE WEST INDIES GEMA 6103—LEGAL FRAMEWORK OF BUSINESS, GOVERNMENT AND SOCIETY Individual Project Consideration of and the Legal & Societal Challenges raised by same sex unions Date: July 12th, 2012 Page count: 18 Word Count: 3277 PREPARED BY: OLIVER NICHOLAS TABLE OF CONTENTS Executive Summary 3 Background Facts 4 Business, Government and Society &/Legal Issues Identified 5 Presentation of Analysis and/or Literature Review 8 Literature Review 7 Discussion of Findings 14 Recommendations/Solutions 15 Conclusion 17 Bibliography 18 EXECUTIVE SUMMARY This research paper will provide a critical analysis on the legal and social challenges raised by the legalization of same sex unions/marriages in the Caribbean, specifically Barbados. Several social issues as well as legal constraints and considerations were identified during the research. The paper presents arguments for both the retention of criminalization as well as arguments for the de-criminalization of homosexuality, the first step towards legalizing same sex unions/marriages. The findings, as presented provide the reader with alternative views and arguments; the conservative moral religious argument is presented as well as the more liberal human rights motivated arguments. This will provide the reader with more information supported by sound argument...

Words: 3655 - Pages: 15

Mutual Consideration

...TO: Reader From: Josh Thrasher Date: October 8, 2014 Re: Bernie v Vivian, Mutuality of Consideration under VA law Facts: On February 1, Bernie, who lives in Richmond, VA, put an ad in his local newspaper advertising his 2006 Ford Fusion for sale at the asking price of $13,500. On March 1, Vivian calls and offers to purchase the vehicle for $12,000. Bernie invites Vivian to meet on March 5, to complete the negotiation and transaction. Vivian shows up at Bernie's house on March 10, and after some negotiation, she tells him that she will pay $12,500 for the car but will need three more weeks to raise the money. Bernie agrees to wait, but only if Vivian puts down a $1000 deposit. Vivian agrees and Bernie drafts one page agreement. Bernie wants to keep his options open so he puts the following language into the agreement. Bernie agrees to sale his 2006 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same vehicle for such price. The transaction shall take place no later than March 31. In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy. In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy. Vivian reads and signs the agreement, and gives Bernie a $1000 check. Two weeks later, on March 24, Vivian calls and tells......

Words: 343 - Pages: 2

Glaxo Kline Smith Ethica Issues

...GlaxoSmithKline Ethical Issues 2012 What happened (facts) GlaxoSmithKline (GSK) is one of the leading pharmaceutical companies in the world. They are based in London and they sell their products all over the world. Back in 2012 they were confronted with legal issues and plead guilty on 3 criminal counts. GSK paid a settlement of 3.5 billion dollars to support those charges. Unethical and illegal actions performed by GSK during that period ran from bribing doctors, to misreporting data from a trial and manipulating medical research data. Case Analysis (stakeholders) The stakeholders involved in this case were consumers, upper management, doctors and stockholders. Consumers were negatively affected because they were unconsciously taking ineffective and potentially life threatening medications. Upper management is directly responsible for the illegal actions. Some of the doctors who received bribes from GSK lost their medical license. Stockholders lost money because there was a negative impact on GSK reputation and stock. Model projection Information rights & obligations: On individual level they were unethical in withholding information and furnishing wrong information regarding their products. Society did not know this and this was against the law on political level. Accountability & Control: here it was a case of who should be held liable for unethical behavior affecting all the aforementioned stakeholders. In my opinion the upper management...

Words: 427 - Pages: 2

Ethical Consideration

... ETHICAL CONSIDERATION Students Name: Instructors Name: Date Submitted: Introduction A research design defines the entire plan that one selects so as to incorporate the alternate components regarding a certain study in a logical and reasonable way (Vaus, 2006). Consequently, this paper shall try to assess the ethical consideration of research design basing on my opinion in safeguarding the estimation as well as opinions of the survey participants. A survey is a study concerning the uniqueness of a certain defined population through the gathering of information from a sample of people (Journal of glossary statistical terms, 2015).Thus; it is an unethical to disclose any information as well as opinion that a participant in a certain research discloses. In a research design, every participant is entitled to their views, and one should not be judged for stating what they feel like it’s true according to them. Every participant in a research design wants to be assured of their safety when responding to the design research questions. Therefore, in protecting these participants, it is always good to guarantee them that all the information given out will be kept in privacy. The participants will have to sign as well as commit their information with the relevant subject. Thus, this is because...

Words: 347 - Pages: 2

Ethical Consideration Reflection

...Ethical Considerations Reflection Paper University of Phoenix EDU/ 315 Equality is what I consider to be the primary ethical consideration for teachers in a K-8 setting. In order for children to receive the same education the teacher will need to treat each student in the same manner. According to Equality is “the state or quality of being equal; correspondence in quantity, degree, value, rank, or ability” (, 2011). If a teacher refrains from following the Florida educational ethical standards (6B- 1. 006 section 3, subsection G), which states that a teacher “shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethical origin, political beliefs, marital status, handicapping conditions, sexual orientation, or social and family background”, (Florida Department of Education, 2011) then the teacher will be written up and/ or terminated from their teaching position. Learning disabilities is one equal consideration teachers need to think about in their classroom. When a teacher treats a student with learning disabilities exactly as a student without learning disabilities it is unfair and discouraging to the disable student. Teachers should make accommodations for these students to equal the class work and expectations. Teachers can help all students in the class to understand and respect each individual no matter their learning disability by having library books read and...

Words: 373 - Pages: 2

Ethica Corp

...Ethica Corp. Portfolio Management Final Report April 5, 2016 Executive Summary Client: Ethica Corp. Investment Purpose: Invest $100,000 CAD in 5 stocks Time Horizon: January 29, 2016 - March 24, 2016 Geographic Restrictions: Must include 2 Canadian stocks, 1 American stock, 1 European stock, and 1 Asian or African stock. Investment Criteria: No sin stocks, no financials, no cross-listed stocks, strong CSR, no scandals, and debt levels of less than 40% of total assets. Our chosen securities were: * YAHOO! Inc. * Canadian Utilities Limited * Alimentation Couche-Tard * NEC Corporation * Jungheinrich A.G. After the selection process had been completed, we carefully monitored the behavior of each stock, as well as the exchange rates for the country they were operating in, anticipating future trades and rebalancing. We were able to do this by updating an Exchange Rate Matrix, as well as a Correlation Matrix, which had been constructed during the selection process and used as a decision making tool on scheduled transaction days. Portfolio Performance Ethica Corp.’s portfolio finished down -2.44% over its time horizon. Our unsatisfactory returns were largely due to poor performance in NEC, but were partially offset by a significant gain in YHOO. Jungheinrich rallied shortly before the end of our trading period, but provided a negative return as a result of an incorrectly timed sale of half its position. Canadian Utilities Limited and...

Words: 2038 - Pages: 9


...Value/Belief Pattern Despite 1.7 million people in the US identifying themselves as Asian Indians or Indian Americans in the 2000 Census, Indian immigrants are not highly as a group in America because they usually speak English...and values acquired in India prior to immigrating to the US. Despite their numbers, however, Indian immigrants are not highly visible as a group because they usually speak English and do not tend to concentrate in distinct neighborhoods. Moreover, because many are highly educated there may be a perception that their assimilation into American culture is an automatic by-product of that education. However, not all Indians in the US are highly educated or successful professionals. Even among those who do fit that profile, many maintain customs, traditions, and values acquired in India prior to immigrating to the US. In addition, it is common for Indians who have settled in the US to bring aging parents to live with them who may not have previously lived abroad and do not always speak fluent English. Majority of the Indians from the Northern part of India are practicing Hindu religion. Hindus try to teach their children about Bhagavath gita and Ramayana (religious Book). They practice all Hindu festivals and visit temple on special occasions. Indians who migrated from the southern part of India are mostly Christians. They try to attend church every Sunday and try to lead their children in same religious path. Many elders believe in the traditional...

Words: 1143 - Pages: 5