Syllabus - Business Torts and Unfair Competition - spring 2018


Business Torts and Unfair Competition 
Prof. George Conk
Spring 2018
2 credits
Room 4-03
Mondays  6: 00 to 7:50  PM

LEARNING OBJECTIVES: Students will demonstrate a basic understanding of  t commonly litigated business torts, including the basics of the economic loss rule, misappropriation, fiduciary duties,  and unfair competition including  deceptive marketing, business disparagement, misappropriation of trade secrets and trademark infringement.
Students will be able to recognize situations in which these causes of action arise what remedies are available and analyze how to prosecute or defend such  causes of action.
Required Books and READINGS:    
The Law of Business Torts and Unfair Competition: Cases, Materials, and Problems by Colin P. Marks and Douglas K. Moll.  (West Academic 2016)  
Statutory Supplement to The Law of Business Torts and Unfair Competition: Cases, Materials, and Problems – Marks and Moll  (West Academic 2016)
Supplemental readings, if assigned, will be on the Syllabus page at Tortstoday.blogspot.com

Accountability     
Three options:
Three hour in class essay and multiple choice or short answer exam – partial open book
Term paper (15 pp)
Upper Class Writing Requirement (25 pp)
Participation in class will be a significant factor in your grade – strong or weak participation   may raise or lower your grade by 1/3 (e.g. B to B plus)
The exam, term paper and UCWR  will be weighted equally: a strong exam, term paper, and UCWR will receive the same grade.  There is no penalty for the option you select.
If accommodation is required due to illness, disability, etc. contact Law Student Affairs, Director Abel Montez
Business Torts and Unfair Competition
Reading Assignments
Part One – Business Torts
Week 1    Introduction  and Chapter 1– Economic Loss Rule (pp 7-25)
Excerpt from Dissent of Judge Wisdom in M/V Testbank
 Oil Pollution Act of 1990 - (OPA) key provisions
 re extent of BP's civil liability for damages   

Week 2  Chapter 2 Misrepresentation (Fraud, Scienter and Reliance)  (pp 25 – 64)
Week 3  Chapter 2  Negligent Misrepresentation; Damages; Innocent Misrepresentation) (pp 98-144)
Week 4   – Chapter 4 Breach of Fiduciary Duty
Chapter 5 Bad Faith Breach of Contract: Insurance, (pp 231-272)
Week 5 Finish Chapter 5 Employment, Ordinary Commercial Contracts (pp. 276-325)   
Week  6 The Economic Loss Rule (II) 326-352
Oil Pollution Act and BP Oil Spill Class Action Settlement (blog)

Part Two – Unfair Competition
Week 7  Chapter 7, Deceptive Marketing, False Advertising Under the Restatement of Unfair Competition , Passing Off ( pp. 353-408)
Week 8  Chapter 8 Commercial Disparagement Under the Lanham Act (pp. 459-487); Chapter 9 Misappropriation (pp.489-516)
Week 9  Chapter 10  Trade Secrets (pp. 517-584) Common Law, Elements, Qualifications, Misappropriation  Unauthorized Disclosure (pp. 531-585
Week 10 Chapter 10 finish Trade Secrets – Defenses, Remedies, Federal laws affecting trade secrets  (pp. 585-628)
Week 11 Chapter 11 Trademark Infringement  Requirements, Common law marks, federal registration, types of marks (629-665)
Week 12 Chapter 11 finish Trademarks  Infringement, Dilution, Genericide, Fair Use, Remedies (pp. 666- 696)

Week 13 Review/catch up

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