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)
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
re extent of BP's civil liability for damages
Deepwater Horizon Settlement Agreement – pages 28- 38
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
No comments:
Post a Comment